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Overseas Investment Act 2005

Consent and conditions regime - Information-gathering powers

41D: Confidentiality of information and documents

You could also call this:

"Keeping your information private when you share it with the regulator"

Illustration for Overseas Investment Act 2005

When you give information or documents to the regulator under section 41, it is kept private. This also applies to information that is found using the given information or documents. The regulator is not allowed to share this information with others unless it is already public, or it is being used for a specific purpose. This purpose could be for the regulator to do their job, or to help a law enforcement or regulatory agency do theirs, or if you have given your consent to share the information. If the information is about you, the regulator must also follow the Privacy Act 2020.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS112000.

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41E: Conditions relating to publication or disclosure of information or documents, or

"Rules for keeping shared information private and safe"

Part 2Consent and conditions regime
Information-gathering powers

41DConfidentiality of information and documents

  1. This section applies to the following information and documents:

  2. information and documents supplied or disclosed to, or obtained by, the regulator under section 41:
    1. information derived from information and documents referred to in paragraph (a).

      1. The regulator must not publish or disclose any information or document to which this section applies unless—

      2. the information or document is available to the public under any enactment or is otherwise publicly available; or
        1. the information is in a statistical or summary form; or
          1. the publication or disclosure of the information or document is for the purposes of, or in connection with, the performance or exercise of any function, power, or duty conferred or imposed on a Minister or Ministers or the regulator by this Act or any other enactment; or
            1. the publication or disclosure of the information or document is made to a law enforcement or regulatory agency for the purposes of, or in connection with, the performance or exercise of any function, power, or duty conferred or imposed on the law enforcement or regulatory agency by any enactment; or
              1. the publication or disclosure of the information or document is to a person who the regulator is satisfied has a proper interest in receiving the information or document; or
                1. the publication or disclosure of the information or document is with the consent of the person to whom the information or document relates or of the person to whom the information or document is confidential.

                  1. In relation to personal information, this section applies subject to the Privacy Act 2020.

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                  Notes
                  • Section 41D: inserted, on , by section 35 of the Overseas Investment Amendment Act 2018 (2018 No 25).
                  • Section 41D(3): amended, on , by section 217 of the Privacy Act 2020 (2020 No 31).