Arms Act 1983

Direct access by certain government agencies to registry

38ZD: Matters to which Ministers must have regard before entering into direct access agreement

You could also call this:

"What Ministers must consider before sharing information"

Illustration for Arms Act 1983

Before Ministers enter into a direct access agreement, they must be satisfied that it will help certain agencies work better. You need to look at sections like section 38ZA and section 38ZB to see what kind of help is needed. They must also make sure people's privacy is protected and that there are good rules for handling information. Ministers must check that the agreement has strong safeguards to protect individual privacy. This includes making sure the rules for using and storing information are good enough. They must also ensure the agreement has proper procedures for handling information. Ministers have to consider these things before they can agree to give direct access to certain information. They have to think about how it will affect the work of agencies like the Director-General of Conservation. You can find more information about this in the section 38ZC of the Arms Act 1983.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS853575.

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38ZC: Direct access must be in accordance with direct access agreement, or

"Follow the agreement when accessing a registry directly"


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38ZE: Consultation before entering into direct access agreement, or

"Government must talk to experts before letting agencies access gun owner information"

Part 7Direct access by certain government agencies to registry

38ZDMatters to which Ministers must have regard before entering into direct access agreement

  1. Before entering into a direct access agreement, the Ministers referred to in section 38ZC must be satisfied—

  2. that—
    1. in the case of direct access authorised by section 38ZA, the direct access will enable the Director-General of Conservation to more effectively or efficiently issue permits for hunting; or
      1. in the case of direct access authorised by section 38ZB, the direct access will enable the Ministry of Foreign Affairs and Trade or the New Zealand Customs Service to perform and exercise their functions, duties, and powers more effectively or efficiently; and
      2. that there are adequate safeguards to protect the privacy of individuals, including that the proposed compliance and audit requirements for the direct access, use, disclosure, and retention of the information are sufficient; and
        1. that the agreement includes appropriate procedures for direct access, use, disclosure, and retention of the information.
          Notes
          • Section 38ZD: inserted, on , by section 63 of the Arms Legislation Act 2020 (2020 No 23).