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Overseas Investment Act 2005

National security and public order risks management regime - Miscellaneous provisions

126: Power to use and disclose information relevant to managing certain risks

You could also call this:

"Sharing information to keep New Zealand safe"

Illustration for Overseas Investment Act 2005

The government has agencies that help keep New Zealand safe. These agencies can share information with each other if it will help manage national security and public order risks. You should know that agencies like the police and the Ministry of Defence are included in this. The agencies can only use the shared information for keeping New Zealand safe.

When an agency shares information, it must make sure the other agency will keep it safe. The Governor-General can make rules about what information can be shared and how it must be kept safe. You can find more information about these rules in the Legislation Act 2019. The Minister must talk to the Privacy Commissioner before making these rules. Agencies can also share information in other ways that are allowed by law.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS359908.

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Part 3National security and public order risks management regime
Miscellaneous provisions

126Power to use and disclose information relevant to managing certain risks

  1. Any agency identified in subsection (2) (a disclosing agency) may disclose to any other agency identified in subsection (2) (a receiving agency) any information held by the disclosing agency if the disclosing agency has reasonable grounds to believe that the disclosure of that information is necessary for the purpose of managing national security and public order risks associated with transactions by overseas persons.

  2. The agencies are—

  3. an intelligence or security agency:
    1. the Department of Internal Affairs:
      1. the Department of the Prime Minister and Cabinet:
        1. the Inland Revenue Department:
          1. Invest New Zealand:
            1. Land Information New Zealand:
              1. the Ministry of Business, Innovation, and Employment:
                1. the Ministry of Defence:
                  1. the Ministry of Foreign Affairs and Trade:
                    1. the New Zealand Customs Service:
                      1. the New Zealand Police:
                        1. New Zealand Trade and Enterprise:
                          1. the Reserve Bank:
                            1. the Treasury:
                              1. the regulator:
                                1. any other agency set out in regulations.

                                  1. A receiving agency may use information that is disclosed in reliance on this section—

                                  2. only for the purpose of, or in connection with, the management of national security and public order risks and, if the receiving agency is the New Zealand Security Intelligence Service or the Government Communications Security Bureau, for the performance of their functions; and
                                    1. only in accordance with this section and the regulations (if any), despite anything to the contrary in any other enactment.

                                      1. Before disclosing information in reliance on this section, a disclosing agency must impose conditions that the disclosing agency considers are needed to ensure that subsection (3) is complied with, including conditions relating to—

                                      2. the storage and use of, or access to, anything provided:
                                        1. the copying, returning, or disposing of copies of any documents provided.

                                          1. The Governor-General may, by Order in Council made on the recommendation of the Minister, make regulations for all or any of the following purposes:

                                          2. prescribing agencies for the purposes of subsection (2)(o):
                                            1. governing the disclosure and use of information under this section, including—
                                              1. the types of information that may be disclosed:
                                                1. the conditions that must be imposed when the information is disclosed.

                                                2. The Minister must consult with the Privacy Commissioner before recommending that regulations be made under this section.

                                                3. The Minister must, before making a recommendation that an agency be prescribed under subsection (2)(o), be satisfied that it is necessary that information is able to be disclosed to that agency for the purpose of managing national security and public order risks.

                                                4. This section applies despite anything to the contrary in any contract, deed, or document.

                                                5. Subsection (1) does not limit a disclosing agency from using any other lawful means to disclose information (whether personal information or other information).

                                                6. Regulations under this section are secondary legislation (see Part 3 of the Legislation Act 2019 for publication requirements).

                                                Notes
                                                • Section 126: inserted, on , by section 52 of the Overseas Investment (Urgent Measures) Amendment Act 2020 (2020 No 21).
                                                • Section 126(2)(da): inserted, on , by section 18 of the Invest New Zealand Act 2025 (2025 No 33).
                                                • Section 126(3): replaced, on , by section 30(1) of the Overseas Investment Amendment Act 2021 (2021 No 17).
                                                • Section 126(9): inserted, on , by section 30(2) of the Overseas Investment Amendment Act 2021 (2021 No 17).
                                                • Section 126(10): inserted, on , by section 3 of the Secondary Legislation Act 2021 (2021 No 7).