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Commerce Act 1986

Miscellaneous provisions - Power to share information and documents with public service agencies, statutory entities, Reserve Bank, and New Zealand Police

99AA: Sharing of information and documents with public service agencies, statutory entities, Reserve Bank, and New Zealand Police

You could also call this:

"The government can share secret information with other trusted groups to help them do their jobs."

Illustration for Commerce Act 1986

The Commission can share information and documents with some organisations, like public service agencies and the New Zealand Police. You can think of the Commission like a group that helps make sure businesses are fair and follow the rules. They can share this information if they think it will help these organisations do their jobs better. The Commission has to make sure that sharing this information will not stop them from doing their other jobs.

The Commission can only share information if they are sure it will be kept secret, especially if it is personal information, which is explained in the Privacy Act 2020. This means they have to protect people's private details. The Commission can use information that other organisations give them to help with their own work.

The Commission can get information from organisations like public service agencies or from regulators in other countries. There is a special list of organisations called statutory entities, which are named in Schedule 1 of the Crown Entities Act 2004. This section of the law is important and applies even if there are other rules or contracts that say something different. It does not change the rules in the Privacy Act 2020 or other laws.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS691687.

Topics:
Government and voting > Government departmentsBusiness > Fair tradingRights and equality > Privacy
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Part 7Miscellaneous provisions
Power to share information and documents with public service agencies, statutory entities, Reserve Bank, and New Zealand Police

99AASharing of information and documents with public service agencies, statutory entities, Reserve Bank, and New Zealand Police

  1. The Commission may provide to a public service agency, a statutory entity, the Reserve Bank of New Zealand, or the New Zealand Police any information, or a copy of any document, that the Commission—

  2. holds in relation to the performance or exercise of the Commission’s functions, powers, or duties under this Act or any other legislation; and
    1. considers may assist the public service agency, statutory entity, the Reserve Bank, or the New Zealand Police in the performance or exercise of its functions, powers, or duties under this Act or any other legislation.

      1. The Commission may provide information, or a copy of a document, under this section only if the Commission is satisfied that—

      2. doing so will not substantially affect the performance of its other functions; and
        1. appropriate protections are or will be in place for the purpose of maintaining the confidentiality of anything provided (in particular, information that is personal information within the meaning of the Privacy Act 2020).

          1. The Commission may use any information, or a copy of any document, in the Commission’s performance or exercise of its functions, powers, or duties under any legislation if the information or copy is provided to the Commission—

          2. by a public service agency, a statutory entity, the Reserve Bank, or the New Zealand Police under any legislation; or
            1. by an overseas regulator.

              1. In this section and section 99AB, statutory entity means an entity or office named in Schedule 1 of the Crown Entities Act 2004.

              2. This section applies despite anything to the contrary in any contract, deed, or document.

              3. Nothing in this section limits the Privacy Act 2020 or section 29 of the Fuel Industry Act 2020.

              Notes
              • Section 99AA: inserted, on , by section 42 of the Commerce Amendment Act 2022 (2022 No 11).