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Fair Trading Act 1986

Miscellaneous provisions

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

You could also call this:

“Rules for sharing information and helping overseas regulators”

When the Commission shares information or helps with investigations for overseas regulators, they can set some rules. These rules can be about keeping information private, how to store or use what they’ve given, making copies, returning or getting rid of copies, and paying for the costs of helping.

If the Commission has information that might get someone in trouble, they can only share it if the overseas regulator promises in writing not to use it against that person in criminal cases (except if the person lied) or in cases about fines. The overseas regulator also has to promise to try their best to stop anyone else from using the information in these ways.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM4854623.

Topics:
Business > Fair trading
Rights and equality > Privacy
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48I: Providing compulsorily acquired information and investigative assistance, or

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

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“Letting people know when their information is shared with overseas regulators”

Part 6 Miscellaneous provisions

48JConditions 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 compulsorily acquired information that was given by a person whom the information might tend to incriminate unless the recognised overseas regulator gives a written undertaking—

          2. that it will not use the information 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 the information is not used by any other person, authority, or agency as evidence in proceedings referred to in paragraph (a).

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