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Employment Relations Act 2000

General provisions - Powers

233B: Information sharing

You could also call this:

"Sharing information with other agencies to help them do their job"

You can share information with other agencies to help them do their job. A Labour Inspector and the department can share information with a regulatory agency if it helps the agency do its job under any enactment. They can share information they have from doing their job under the Acts specified in section 223(1).

A regulatory agency can also share information with a Labour Inspector or the department. They can share information they have from doing their job under any enactment if it helps the Labour Inspector or department do its job under the Acts specified in section 223(1). When sharing information, conditions can be imposed on how it is stored, used, or accessed.

This information sharing must follow other laws, including the Privacy Act 2020. If there are contracts or documents that say something different, this section overrides them. A regulatory agency includes people like immigration officers, the Inland Revenue Department, and the New Zealand Police, as well as other departments and organisations.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM6803807.

Topics:
Work and jobs > Worker rightsGovernment and voting > Government departmentsRights and equality > Privacy
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233A: Obligation of Labour Inspector and department not to disclose information, or

"Labour inspectors and the department must keep information they see private, except for special reasons."

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234: Circumstances in which officers, directors, or agents of company liable for minimum wages and holiday pay, or

"When company bosses might have to pay workers' wages and holiday money"

Part 11General provisions
Powers

233BInformation sharing

  1. A Labour Inspector and the department may provide to a regulatory agency any information, or a copy of any document, that the Labour Inspector or department—

  2. holds in relation to the performance or exercise of its functions, duties, or powers under or in relation to the Acts specified in section 223(1); and
    1. considers may assist the regulatory agency in the performance or exercise of the regulatory agency’s functions, duties, or powers under or in relation to any enactment.

      1. A regulatory agency may provide a Labour Inspector or the department with any information, or a copy of any document, that the regulatory agency—

      2. holds in relation to the performance or exercise of its functions, duties, or powers under or in relation to any enactment; and
        1. considers may assist the Labour Inspector or department in the performance or exercise of its functions, duties, or powers under or in relation to any of the Acts specified in section 223(1).

          1. A Labour Inspector, the department, or a regulatory agency who provides information or a copy of a document under this section may impose conditions relating to the provision of the information, including conditions relating to—

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

              1. This section applies subject to any other enactment, including the Privacy Act 2020.

              2. This section overrides provisions in contracts, deeds, and other documents that are inconsistent with this section.

              3. In this section, regulatory agency means—

              4. an immigration officer under the Immigration Act 2009:
                1. the Inland Revenue Department:
                  1. the Ministry of Social Development:
                    1. the Ministry for Primary Industries:
                      1. the New Zealand Police:
                        1. the Registrar of Companies:
                          1. WorkSafe New Zealand and any agency designated under section 191 of the Health and Safety at Work Act 2015:
                            1. any other department of State, person, or organisation defined in regulations as a regulatory agency for the purposes of this section.

                              Notes
                              • Section 233B: inserted, on , by section 34 of the Employment Relations Amendment Act 2016 (2016 No 9).
                              • Section 233B(4): amended, on , by section 217 of the Privacy Act 2020 (2020 No 31).
                              • Section 233B(6)(g): editorial change made by the PCO, on , under sections 86(1) and 87(l)(iii) and (iv) of the Legislation Act 2019 (2019 No 58).