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Overseas Investment Act 2005

Consent and conditions regime - When consent required and criteria for consent - Transactions of national interest

20F: Status of unpublished CDS confidential

You could also call this:

"Keeping unpublished CDS information secret"

Illustration for Overseas Investment Act 2005

If you are a critical direct supplier who has been told you are an unpublished CDS, or if you get a notice under section 20E, you must keep this information confidential. You must not tell anyone that an unpublished CDS is a critical direct supplier, unless you are allowed to under sections 20E, 23, or 87, or if the regulator says you can. If someone tells you about an unpublished CDS in confidence, and you know it is an unpublished CDS, you must also keep this information secret.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS357527.

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Part 2Consent and conditions regime
When consent required and criteria for consent: Transactions of national interest

20FStatus of unpublished CDS confidential

  1. This section applies to—

  2. a critical direct supplier who has been notified that it is an unpublished CDS; and
    1. a person who receives a notice under section 20E; and
      1. a person to whom the status of an unpublished CDS as a critical direct supplier has been disclosed in confidence, if that person knows the critical direct supplier is an unpublished CDS.

        1. A person to whom this section applies must not knowingly or recklessly disclose the fact that an unpublished CDS is a critical direct supplier.

        2. Subsection (2) does not apply to the extent that disclosure is—

        3. required under section 20E, 23, or 87; or
          1. otherwise authorised by the regulator.

            Notes
            • Section 20F: inserted, on , by section 17 of the Overseas Investment (Urgent Measures) Amendment Act 2020 (2020 No 21).