Plain language law

New Zealand law explained for everyone

Overseas Investment Act 2005

Consent and conditions regime - Information-gathering powers

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

You could also call this:

"Rules for keeping shared information private and safe"

When the regulator shares information or documents with you under section 41D(2)(c) to (f), they can set conditions on how you use or share that information. The regulator thinks about whether these conditions will protect someone's privacy. They want to make sure people's personal information is safe.

The regulator can set conditions like keeping information confidential, especially if it is personal information as defined in the Privacy Act 2020. They can also set conditions on how you store, use, or access the information. You might need to follow rules on copying, returning, or getting rid of documents.

If you do not follow these conditions without a good reason, you can commit an offence and get a fine of up to $200,000. You need to take these conditions seriously and follow them. This is important to remember when you are working with the regulator and the information they share with you.

This text is automatically generated. It might be out of date or be missing some parts. Find out more about how we do this.

This page was last updated on

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS112001.

Topics:
Money and consumer rights > Banking and loansBusiness > Industry rulesGovernment and voting > Government departmentsRights and equality > Privacy
Previous

41D: Confidentiality of information and documents, or

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

Next

41F: Regulator may issue notice requesting disposal of property, or

"The regulator can ask you to sell a property if they think you've broken the rules."

Part 2Consent and conditions regime
Information-gathering powers

41EConditions relating to publication or disclosure of information or documents

  1. The regulator may, by written notice to a person to whom any information or document is published or disclosed under section 41D(2)(c) to (f), impose any conditions in relation to the publication, disclosure, or use of the information or document by the person.

  2. The regulator must, in considering what conditions to impose, have regard to whether conditions are necessary or desirable in order to protect the privacy of an individual.

  3. Conditions imposed under subsection (1) may include, without limitation, conditions relating to—

  4. maintaining the confidentiality of anything provided (in particular, information that is personal information within the meaning of the Privacy Act 2020):
    1. the storing of, the use of, or access to anything provided:
      1. the copying, returning, or disposing of copies of documents provided.

        1. A person who refuses or fails, without reasonable excuse, to comply with any conditions commits an offence and is liable on conviction to a fine not exceeding $200,000.

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