Commerce Act 1986

Miscellaneous provisions - Assistance to overseas regulators

99J: Conditions on providing compulsorily acquired information and investigative assistance

You could also call this:

"Rules for sharing information with other countries"

Illustration for Commerce Act 1986

When the Commission gives information or helps an overseas regulator, they can set conditions. You need to know that these conditions can be about keeping information secret. The Commission can also set conditions about how the information is stored or used.

The Commission can set conditions about copying, returning, or getting rid of copies of the information they provide. They can also ask the overseas regulator to pay for the costs of providing the information. If someone has made a statement to the Commission, it might not be given to the overseas regulator.

The overseas regulator must promise in writing that they will not use the statement as evidence against the person who made it. This promise includes not using the statement in criminal proceedings or in proceedings for a penalty. The overseas regulator must also try to ensure that no one else uses the statement as evidence.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM4854120.


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99I: Providing compulsorily acquired information and investigative assistance, or

"Helping overseas regulators with information and investigations while protecting New Zealand's interests"


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"The Commission must tell you when they share your information with someone else overseas."

Part 7Miscellaneous provisions
Assistance to overseas regulators

99JConditions on providing compulsorily acquired information and investigative assistance

  1. If the Commission provides compulsorily acquired information or investigative assistance to a recognised overseas regulator, the Commission may impose conditions on such provision, including conditions relating to—

  2. maintaining the confidentiality of information; and
    1. the storage or use of, or access to, anything provided; and
      1. the copying, returning, or disposal of copies of anything provided; and
        1. the payment of costs incurred by the Commission in providing anything or in otherwise complying with a request for information or investigative assistance.
          1. The Commission must not provide copies of statements made by any person in answer to a question put by or before the Commission that might tend to incriminate the person, unless the recognised overseas regulator gives a written undertaking—

          2. that it will not use such statements as evidence—
            1. in criminal proceedings against the person (other than in proceedings in respect of the falsity of the person's testimony); or
              1. in proceedings against the person for a pecuniary penalty or any equivalent proceedings; and
              2. that, to the extent that it is within the ability of the overseas regulator to do so, it will ensure that such statements are not used by any other person, authority, or agency as evidence in proceedings referred to in paragraph (a).
                Notes
                • Section 99J: inserted, on , by section 5 of the Commerce (International Co-operation, and Fees) Amendment Act 2012 (2012 No 84).