Plain language law

New Zealand law explained for everyone

Customs and Excise Act 2018

Administrative provisions - Disclosure of information - Disclosure to government agencies

316: Disclosure of information other than under information matching agreement or direct access agreement

You could also call this:

"When Customs shares information with other government agencies to help them do their job"

Illustration for Customs and Excise Act 2018

The chief executive of Customs can share information with other government agencies. This is to help the agencies do their jobs. The information shared can be about people or things.

You need to know that there are rules about what information can be shared. The chief executive of Customs can share two types of information: Category 1 and Category 2. Category 1 information helps the agency do its job.

Category 2 information helps the agency with specific tasks, such as stopping crimes or protecting national security. It can also help with tasks like checking international passengers or keeping the country's borders safe. The information shared must be in a written agreement between the Minister of Customs and the Minister of the agency getting the information.

Before making an agreement, the Ministers must make sure sharing the information is a good idea. They must also make sure people's privacy is protected and that the agency will use the information correctly. The Ministers must talk to the Privacy Commissioner before making an agreement.

The written agreement must say what information is being shared and why. It must also say how the agency will use the information and who can see it. The agreement must include rules for keeping the information safe and what to do with it when it is no longer needed. It must also say if the agency can share the information with other agencies and how they can do it.

This text is automatically generated. It might be out of date or be missing some parts. Find out more about how we do this.

This page was last updated on

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM7039751.

Topics:
Government and voting > Government departmentsRights and equality > Privacy
Previous

315: Direct access to information for other purposes, or

"Government agencies can access certain information to help them do their jobs, like keeping New Zealand safe."

Next

317: Disclosure of information to private sector organisations, or

"Customs can share some information with private companies, with rules to keep it safe."

Part 5Administrative provisions
Disclosure of information: Disclosure to government agencies

316Disclosure of information other than under information matching agreement or direct access agreement

  1. The purpose of this section is to facilitate the disclosure of information by the chief executive of Customs to the chief executive of a government agency where that disclosure—

  2. is to be on a regular basis; and
    1. is not facilitated by—
      1. an information matching agreement under sections 306 to 310; or
        1. a direct access agreement under sections 312 to 315.

        2. The chief executive of Customs may, for the purpose of this section, disclose to the chief executive of a government agency either or both of the following categories of information:

        3. Category 1 information for the purpose of assisting the government agency to carry out its functions:
          1. Category 2 information for the purpose of assisting the government agency to carry out its functions related to, or involving, any of the following:
            1. the prevention, detection, investigation, prosecution, or punishment of offences:
              1. the prevention, detection, or investigation of any potential, suspected, or actual—
                1. terrorist act; or
                  1. facilitation of a terrorist act:
                  2. the protection of national security:
                    1. the processing of international passengers:
                      1. the protection of border security:
                        1. the protection of public revenue:
                          1. the protection of public health and safety.

                          2. However, that disclosure to a government agency (an accessing agency) must be in accordance with a written agreement entered into by—

                          3. the Minister of Customs; and
                            1. the Minister responsible for the accessing agency.

                              1. Before entering a written agreement under this section, or varying any such agreement, the Ministers must—

                              2. be satisfied that—
                                1. disclosure of the information is reasonable and practical; and
                                  1. there are adequate safeguards to protect the privacy of individuals, including that the proposed compliance and audit requirements for the use, disclosure, and retention of the information are sufficient; and
                                    1. the agreement will include appropriate procedures for the disclosure and retention of the information; and
                                    2. consult the Privacy Commissioner and have regard to any comments received from the Privacy Commissioner on the proposed agreement.

                                      1. A written agreement must specify—

                                      2. the particular type or class of information to be disclosed; and
                                        1. the particular purpose or purposes for which the information is accessed; and
                                          1. the particular function being, or to be, carried out by the government agency for which the information is required; and
                                            1. how the information is to be used by the government agency to assist with the carrying out of those functions; and
                                              1. the form in which the information is to be disclosed; and
                                                1. the positions or designations of the persons in the government agency to whom the information may be disclosed; and
                                                  1. the safeguards that are to be applied for protecting personal information, or commercially sensitive information, that is disclosed; and
                                                    1. the requirements relating to storage and disposal of the disclosed information; and
                                                      1. the circumstances (if any) in which the information may be disclosed by the agency to another agency, and how that disclosure may be made; and
                                                        1. the requirements for reviewing the agreement.