Plain language law

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Fair Trading Act 1986

Miscellaneous provisions

48O: Maintenance of privilege

You could also call this:

“Privacy rules for shared information between regulators”

When the Commission shares special information with an overseas regulator to help them with fair trading, they don’t lose their right to keep that information private. This special information is protected by certain parts of the Evidence Act 2006.

If the Commission gets special information from an overseas regulator, and that information is private in the other country, it will also be private in New Zealand. The Evidence Act 2006 will protect it here too.

The Commission can’t share information about settlement talks or mediation with an overseas regulator unless everyone involved in those talks agrees.

These rules about keeping information private apply whether or not there’s an official agreement between the Commission and the overseas regulator.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM4854628.

Topics:
Business > Fair trading
Rights and equality > Privacy
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48N: Information provided by consent, or

“You can choose to share your information with other countries”

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48P: Proceedings relating to financial products or financial services, or

“Rules for taking legal action about money-related products and services”

Part 6 Miscellaneous provisions

48OMaintenance of privilege

  1. If the Commission provides to an overseas regulator, for the purpose of assisting the overseas regulator to perform its fair trading law functions, a communication or information in respect of which the Commission has any privilege referred to in section 54, 56, or 57 of the Evidence Act 2006, the Commission is not to be taken as having waived its privilege in relation to that communication or information merely by providing it to the overseas regulator.

  2. If the Commission receives from an overseas regulator, for the purpose of assisting the Commission to perform its fair trading law functions under this Act, a communication or information that, under the law of the country of the overseas regulator is subject to a privilege analogous to a privilege of a kind referred to in section 54, 56, or 57 of the Evidence Act 2006, that communication or information is subject to the analogous privilege in New Zealand, and the Evidence Act 2006 applies accordingly.

  3. The Commission must not provide a communication or information that is subject to the privilege referred to in section 57 of the Evidence Act 2006 (which relates to settlement negotiation and mediation) to an overseas regulator unless every other party that has a privilege in relation to that communication or information consents to the Commission providing the communication or information to the overseas regulator.

  4. To avoid doubt, this section applies whether or not a communication or information is provided under a co-operation arrangement.

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