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Customs and Excise Act 2018

Administrative provisions - Disclosure of information - Disclosure to overseas authority

318: Disclosure of information to overseas authority

You could also call this:

"Sharing information with other countries to help keep everyone safe"

Illustration for Customs and Excise Act 2018

The chief executive of Customs can share information with an overseas authority to help them do their job. You might wonder what kind of jobs they do - it can be things like stopping crimes, checking people at the border, keeping the country safe, or making sure people follow the law. The chief executive can share information to help with these jobs.

The chief executive can share information if they have a written agreement with the overseas authority or if they follow certain rules. If they have a written agreement, it must say what information will be shared, how it will be used, and how it will be kept safe. You can think of it like a contract that says how the information can be used.

There are some rules about what information can be shared - for example, the chief executive cannot share biometric information, like fingerprints or photos, with an overseas authority for certain purposes. Before making an agreement, the chief executive must talk to the Privacy Commissioner to make sure they are following the rules.

The chief executive must also keep a record of what information they share and with whom. The Privacy Commissioner can ask the chief executive to review their agreements and how they share information to make sure they are doing it correctly. The chief executive must then report back to the Privacy Commissioner with their findings.

You can find more information about this by looking at the Customs and Excise Act 2018 and other related laws, such as the one mentioned here. This law does not stop the chief executive from making other agreements with overseas authorities that are not about sharing information. The chief executive just needs to follow the rules to keep your information safe.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM7039756.

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Part 5Administrative provisions
Disclosure of information: Disclosure to overseas authority

318Disclosure of information to overseas authority

  1. The purpose of this section is to facilitate the disclosure of information by the chief executive of Customs to an overseas authority for the purpose of assisting the authority to carry out its functions related to, or involving, any of the following:

  2. the prevention, detection, investigation, prosecution, or punishment of offences; or
    1. the processing of international passengers at the border; or
      1. the protection of border security; or
        1. the enforcement of a law imposing a pecuniary penalty; or
          1. the protection of public health and safety; or
            1. the protection of public revenue.

              1. The chief executive of Customs may, for the purpose of this section, disclose any information held by Customs to an overseas authority—

              2. in accordance with a written agreement entered into between the chief executive of Customs and the overseas authority that complies with subsection (5); or
                1. in accordance with subsection (6).

                  1. Despite subsection (2), the chief executive of Customs may not disclose biometric information relating to any person to an overseas authority for the purposes of assisting the overseas authority to perform the function specified in subsection (1)(d).

                  2. Before entering into a written agreement under this section, or varying any such agreement, the chief executive of Customs must consult the Privacy Commissioner.

                  3. For the purposes of subsection (2)(a), a written agreement must specify—

                  4. the particular type or class of information to be disclosed; and
                    1. the functions of the overseas authority in respect of which the disclosure of the information is required; and
                      1. how the information is to be used by the overseas authority to assist with the carrying out of those functions; and
                        1. the form in which the information is to 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 information; and
                              1. the circumstances (if any) in which the information may be disclosed by the agency to another specified agency, and how that disclosure may be made.

                                1. The chief executive of Customs may disclose information to an overseas authority without a written agreement if—

                                2. the functions of the overseas authority include the prevention, detection, investigation, prosecution, or punishment of offences that are, or if committed in New Zealand would be,—
                                  1. customs offences of any kind; or
                                    1. other offences punishable by imprisonment; and
                                    2. the information is disclosed subject to conditions stating—
                                      1. the use that the overseas authority may make of the information; and
                                        1. either—
                                          1. that the overseas authority must not disclose the information to any other agency, body, or person; or
                                            1. that the overseas authority may disclose the information, or part of it, to a specified agency, body, or person subject to certain conditions; and
                                          2. the chief executive of Customs makes and keeps a record of—
                                            1. the information that was disclosed; and
                                              1. the overseas authority or authorities to which it was disclosed; and
                                                1. the conditions subject to which it was disclosed.

                                                2. The Privacy Commissioner may, at intervals of not less than 12 months, require the chief executive of Customs to undertake a review of—

                                                3. an agreement entered into under this section; and
                                                  1. the arrangements for disclosure under the agreement.

                                                    1. The chief executive must undertake a review required by the Privacy Commissioner under subsection (7) and, as soon as practicable after concluding that review, report the findings of the review to the Privacy Commissioner.

                                                    2. This section does not limit the general powers of the chief executive of Customs to enter into agreements not related to the disclosure of information with any overseas authority.

                                                    3. In this section,—

                                                      information means either or both of the following:

                                                      1. Category 1 information:
                                                        1. Category 2 information

                                                          overseas authority means an overseas agency, body, or person.

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