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Fair Trading Act 1986

Miscellaneous provisions

48E: Government-to-government co-operation arrangements

You could also call this:

“Rules for how New Zealand can work with other countries to help keep things fair”

The Minister can make agreements with other countries or international groups about working together with regulators from other places. These agreements are called co-operation arrangements.

Before the Minister makes one of these agreements, they need to think about a few things. They need to look at how the other country uses information they get from investigations. They also need to think about how sharing information might affect New Zealand people and businesses. The Minister must also talk to the Privacy Commissioner about any privacy issues that might come up.

The Minister can only make these agreements if they don’t go against any other international agreements New Zealand has made.

These agreements can be made with the government of the country where the overseas regulator is, or with the group in charge of an international organisation if that’s where the regulator comes from.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM4854618.

Topics:
Business > Fair trading
Rights and equality > Privacy
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48F: Regulator-to-regulator co-operation arrangements, or

“Rules for the Commission working with overseas regulators”

Part 6 Miscellaneous provisions

48EGovernment-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 48E: inserted, on , by section 5 of the Fair Trading (International Co-operation) Amendment Act 2012 (2012 No 86).