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Commerce Act 1986

Miscellaneous provisions - Assistance to overseas regulators

99K: Notice to persons affected by provision of information

You could also call this:

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

Illustration for Commerce Act 1986

If the Commission gives some information to an overseas regulator, they must tell you that they have shared the information. This applies if you are the person who gave them the information or if the information is about you. The Commission must tell you as soon as they can after sharing the information. The Commission does not have to tell you if it might stop an investigation from happening, or if it would make it harder to keep people safe in New Zealand or elsewhere. They also do not have to tell you if it is not possible to do so in the circumstances.

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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=DLM4854121.

Topics:
Rights and equality > PrivacyMoney and consumer rights > Consumer protection
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99J: Conditions on providing compulsorily acquired information and investigative assistance, or

"Rules for sharing information with other countries"

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99L: Reporting on use of co-operation arrangements, or

"The Commission's yearly report on working with other countries to investigate and share information."

Part 7Miscellaneous provisions
Assistance to overseas regulators

99KNotice to persons affected by provision of information

  1. If the Commission provides any compulsorily acquired information to a recognised overseas regulator, the Commission must, as soon as practicable after providing the information, notify the following people that the information has been provided:

  2. the person from whom the information was acquired:
    1. every person to whom the information relates.

      1. However, the Commission need not notify a person as required by subsection (1) if—

      2. giving notice might compromise any investigation conducted, or to be conducted, by the Commission or any overseas regulator; or
        1. giving notice would prejudice the maintenance of the law (including the prevention, investigation, and detection of offences, and the right to a fair trial) in New Zealand or elsewhere; or
          1. it is not practicable in the circumstances to give notice to the person.

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