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Fair Trading Act 1986

Miscellaneous provisions

48I: Providing compulsorily acquired information and investigative assistance

You could also call this:

“Helping other countries' fair trading regulators with information and investigations”

You can ask the Commission to help a recognised overseas regulator by giving them information or helping with investigations. This can only happen if there’s an agreement between New Zealand and the other country.

Before the Commission can help, they need to make sure that:

  1. The help will actually assist the overseas regulator with their job related to fair trading law.
  2. Giving help follows the rules of the agreement between the countries.
  3. Helping won’t harm New Zealand’s international trade.

If the Commission thinks the request might affect New Zealand’s trade, they must talk to the Minister of Trade. The Minister needs to say it’s okay before the Commission can help.

When deciding whether to help, the Commission also thinks about:

  1. If helping will make it hard for them to do their other jobs.
  2. If the overseas regulator could easily get the information from somewhere else.
  3. If the request should be handled under a different law called the Mutual Assistance in Criminal Matters Act 1992.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM4854622.

Topics:
Business > Fair trading
Government and voting > Government departments
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48H: Procedures relating to co-operation arrangements, or

“Rules for fair trading bosses to work with friends from other countries”

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48J: Conditions on providing compulsorily acquired information and investigative assistance, or

“Rules for sharing information and helping overseas regulators”

Part 6 Miscellaneous provisions

48IProviding compulsorily acquired information and investigative assistance

  1. Following a request by a recognised overseas regulator made in accordance with a co-operation arrangement, the Commission may do either or both of the following:

  2. provide compulsorily acquired information to the recognised overseas regulator:
    1. provide investigative assistance to the recognised overseas regulator.

      1. Before providing compulsorily acquired information or investigative assistance under subsection (1), the Commission must be satisfied that—

      2. providing the information or assistance will, or is likely to, assist the recognised overseas regulator in performing its functions or exercising its powers in relation to fair trading law; and
        1. the provision of the information or assistance will not be inconsistent with the co-operation arrangement; and
          1. the provision of the information or assistance will not significantly prejudice New Zealand's international trade interests.

            1. If the Commission considers, after consultation with the Ministry of Foreign Affairs and Trade, that a request for compulsorily acquired information or investigative assistance may have significant trade consequences for New Zealand, the Commission must refer the matter to the Minister of Trade.

            2. If a request is referred to the Minister of Trade, the Commission is deemed to be satisfied for the purpose of subsection (2)(c) only if the Minister of Trade states, in writing, that he or she is satisfied that the provision of the information or assistance will not significantly prejudice New Zealand's international trade interests.

            3. In considering whether to provide information or investigative assistance under a co-operation arrangement, the Commission must also consider—

            4. whether complying with the request will substantially affect the Commission's ability to perform its other functions under this Act or any other enactment; and
              1. whether the recognised overseas regulator could more conveniently obtain the information or assistance from another source; and
                1. whether the request would, in the opinion of the Commission, be more appropriately dealt with under the Mutual Assistance in Criminal Matters Act 1992.

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