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Commerce Act 1986

Miscellaneous provisions - Assistance to overseas regulators

99E: Government-to-government co-operation arrangements

You could also call this:

"Agreements between New Zealand and other countries to work together on rules and regulations"

Illustration for Commerce Act 1986

The Minister can make an agreement with another country's government or an international body about working together with an overseas regulator. You might wonder what this means - the Minister is like a high-ranking government official who makes big decisions. When the Minister makes this agreement, they are representing the New Zealand government. The Minister has to think carefully before making this agreement, considering things like how the other country handles private information and how it might affect New Zealand consumers and businesses. The Minister also has to talk to the Privacy Commissioner, who is in charge of making sure people's private information is protected, about any potential privacy issues that might come up because of the agreement, and make sure it does not go against any international agreements New Zealand is part of.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM4854115.

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"The law limits what information the Commission can share with overseas regulators."

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99F: Regulator-to-regulator co-operation arrangements, or

"Agreements between New Zealand regulators and overseas regulators need government approval first."

Part 7Miscellaneous provisions
Assistance to overseas regulators

99EGovernment-to-government co-operation arrangements

  1. The Minister may, on behalf of the Government of New Zealand, enter into a co-operation arrangement concerning an overseas regulator with—

  2. the government of the country in which the overseas regulator is established; or
    1. if the overseas regulator is established by an international body, the governing body of that international body.

      1. Before entering into a co-operation arrangement concerning an overseas regulator, the Minister must—

      2. have regard to the legal framework relating to the use of compulsorily acquired information in the jurisdiction of the overseas regulator; and
        1. have regard to the potential consequences for New Zealand consumers and businesses of providing compulsorily acquired information or investigative assistance to the overseas regulator; and
          1. consult with the Privacy Commissioner on any privacy issues arising from the proposed co-operation arrangement.

            1. The Minister must not enter into a co-operation arrangement unless he or she is satisfied that entering into the arrangement is not inconsistent with any of New Zealand’s obligations under international agreements, conventions, or treaties.

            Notes
            • Section 99E: inserted, on , by section 5 of the Commerce (International Co-operation, and Fees) Amendment Act 2012 (2012 No 84).