121Protection of sensitive information

1. A Commissioner may, on the Commissioner's own motion or on the application of a party to the inquiry, make an order prohibiting or restricting the publication or communication of any information supplied to the Commissioner, or obtained by the Commissioner, in the course of any inquiry, whether or not the information may be material to the inquiry.

2. A Commissioner shall make an order described in subsection (1) only if satisfied that the order is necessary—

3. to avoid serious offence to tikanga Maori or to avoid the disclosure of the location of wahi tapu; or
4. to avoid the disclosure of a trade secret; or
5. to avoid unreasonable prejudice to the position of the person who supplied, or is the subject of, the information,—
and is satisfied that, in the circumstances of the dispute, the importance of protecting the interests referred to in this section outweighs the public interest in making the information available.

6. Every person commits an offence and is liable to the penalty set out in section 252(6) who contravenes or fails to comply with an order made under subsection (1).