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Privacy Act 2020

Complaints, investigations, and proceedings - Investigations by Commissioner

88: Disclosure of information may be required despite obligation of secrecy

You could also call this:

"Even if you're supposed to keep something secret, you might have to tell the Commissioner anyway."

Illustration for Privacy Act 2020

If you have a secret you are not allowed to tell, you might still have to share it with the Commissioner. You might have to answer their questions or give them information, documents, or things. This is even if telling the secret would normally be against the rules.

If you do share the secret with the Commissioner, you will not get in trouble for breaking the rules. The Commissioner can ask you for information, but they cannot make you give it to them if the Prime Minister or the Attorney-General says it would be a problem.

The Prime Minister can stop you from sharing information if it would hurt New Zealand's security or relationships with other countries, or if it would affect the Cook Islands, Niue, Tokelau, or the Ross Dependency, as explained in section 7 of the Official Information Act 1982. The Attorney-General can also stop you from sharing information if it would make it harder to investigate crimes or if it would reveal secret Cabinet discussions that should remain private.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS23461.

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Government and voting > Government departmentsCrime and justice > Police and safetyRights and equality > Privacy
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87: Power to require information and documents, or

"The Commissioner can ask you for information or documents to help with their investigation"

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89: Protection and privileges of persons required to provide information, etc, or

"Keeping you safe when you give information to help solve a problem"

Part 5Complaints, investigations, and proceedings
Investigations by Commissioner

88Disclosure of information may be required despite obligation of secrecy

  1. A person who is bound by the provisions of an enactment to maintain secrecy in relation to, or not to disclose, any matter may be required to do the following even though compliance with that requirement would be in breach of the obligation of secrecy or non-disclosure:

  2. give evidence to, or answer questions put by, the Commissioner:
    1. provide information, documents, or things to the Commissioner.

      1. Compliance with a requirement of this kind is not a breach of the relevant obligation of secrecy or non-disclosure or of the enactment by which that obligation is imposed.

      2. However, the Commissioner may not require information, documents, or things to be provided if—

      3. the Prime Minister certifies that the giving of any information, document, or thing might prejudice—
        1. the security or defence of New Zealand, or the international relations of the Government of New Zealand; or
          1. any interest protected by section 7 of the Official Information Act 1982 (which relates to the Cook Islands, Niue, Tokelau, and the Ross Dependency); or
          2. the Attorney-General certifies that the giving of any information, document, or thing—
            1. might prejudice the prevention, investigation, or detection of offences; or
              1. might involve the disclosure of proceedings of Cabinet, or any committee of Cabinet, relating to matters of a secret or confidential nature, and the disclosure would be injurious to the public interest.

              2. This section is subject to section 89.

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