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Emergency Management Bill (No 2)

Information, enforcement, compensation, appeals, and secondary legislation - Power to require information - Restrictions on disclosure and use of information

173: Restrictions on disclosure and use of information

You could also call this:

"Rules for Sharing Information in Emergencies"

Illustration for Emergency Management Bill (No 2)

If you get information because of certain rules, you can only use it for things related to this proposed law. You might have got the information because someone had to give advice, or a direction was given to check a structure, or a warrant was issued, or you had to give information. You can only share the information with someone who needs it to do their job in an emergency area. If you get advice from someone, you cannot use it to make them do something they do not want to do, except in the case where they have to give that advice. A responsible person is someone who has a specific role, as defined in the Building Act 2004. You can share information with a responsible person if it is about an emergency area and they need it to do their job.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS1527658.

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Topics:
Emergency management > Government departmentsEmergency management > Emergency responseGovernment and voting > Emergency managementHealth and wellbeing > Public health
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Part 5Information, enforcement, compensation, appeals, and secondary legislation
Power to require information: Restrictions on disclosure and use of information

173Restrictions on disclosure and use of information

  1. This section applies to a person who receives information obtained as a result of any of the following:

  2. a duty for an essential infrastructure provider to provide advice under section 74(f):
    1. a direction to obtain an assessment in relation to a structure under section 135(1) or 165(1):
      1. the execution of a warrant issued under section 137:
        1. a requirement to give information under section 170.

          1. This section applies whether or not the person who receives information is the person who required the information, issued the direction, or executed the warrant under the applicable section.

          2. The person may disclose or use that information only for the purposes of this Act.

          3. However,—

          4. the person may disclose to a responsible person information that—
            1. is relevant to the exercise of powers under subpart 6B of Part 2 of the Building Act 2004 in an area for which a state of emergency or transition period has been declared; and
              1. is to be used in connection with the exercise of those powers in that area; and
              2. the person must not use advice provided under section 74(f) to enforce obligations under this Act, regulations, or rules, other than the obligation in section 74(f) itself.

                1. In this section, responsible person has the same meaning as in section 133BB(1) of the Building Act 2004.

                Compare
                • 2002 No 33 s 83