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Health and Safety at Work Act 2015

Miscellaneous provisions - Administration - Information sharing

197: Sharing of information between regulator and regulatory agencies

You could also call this:

“Regulator and agencies can share information to help each other work better”

The regulator and regulatory agencies can share information with each other to help them do their jobs better. The regulator can give information to a regulatory agency if it thinks it will help the agency do its work. The same goes for regulatory agencies sharing information with the regulator.

When sharing information, the regulator or agency can set rules about how the information is used, stored, accessed, copied, returned, or thrown away. These rules must be followed.

There’s a special rule for ACC (Accident Compensation Corporation). If ACC gets information from the regulator, it can’t use that information to make decisions about cover or entitlements under the Accident Compensation Act 2001.

This information sharing must follow the rules in the Privacy Act 2020. The rules about sharing information apply even if there’s a contract or agreement that says something different.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM5977192.

Topics:
Work and jobs > Workplace safety
Government and voting > Government departments
Rights and equality > Privacy
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Part 5 Miscellaneous provisions
Administration: Information sharing

197Sharing of information between regulator and regulatory agencies

  1. Subject to any enactment,—

  2. the regulator may provide a regulatory agency with any information, or a copy of any document, that it—
    1. holds in relation to the performance or exercise of its functions, duties, or powers under or in relation to the relevant health and safety legislation; 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; and
      2. a regulatory agency may provide the regulator with any information, or a copy of any document, that it—
        1. 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 regulator in the performance or exercise of its functions, duties, or powers under or in relation to the relevant health and safety legislation.

          2. If subsection (1)(a) or (b) applies, the regulator or regulatory agency (as the case may be) may impose conditions that it thinks fit relating to the provision of the information or document, including conditions relating to—

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

              1. However, if ACC receives any information or document from the regulator under subsection (1), it must not use that information or document in connection with making decisions about cover or entitlements under the Accident Compensation Act 2001.

              2. Nothing in this section limits the Privacy Act 2020.

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

              Notes
              • Section 197(4): amended, on , by section 217 of the Privacy Act 2020 (2020 No 31).