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New Zealand law explained for everyone

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:

“Privacy Commissioner can require disclosure of confidential information with some exceptions”

You must give information to the Privacy Commissioner even if you’re supposed to keep it secret. This applies when the Commissioner asks you questions or requests documents. You won’t get in trouble for sharing this information with the Commissioner.

However, there are some exceptions. The Prime Minister can stop information from being shared if it might harm New Zealand’s security, defence, or international relationships. The Prime Minister can also protect information about the Cook Islands, Niue, Tokelau, and the Ross Dependency.

The Attorney-General can prevent information from being shared if it might make it harder to stop or solve crimes. They can also protect secret Cabinet discussions if sharing them would be bad for the public.

There’s another rule in section 89 that affects this one, so you need to check that too.

This text is automatically generated. It might be out of date or be missing some parts. Find out more about how we do this.

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

Topics:
Rights and equality > Privacy
Government and voting > Government departments
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87: Power to require information and documents, or

“The Commissioner can require you to provide information for investigations”

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

“Rights and protections when providing information to the Privacy Commissioner”

Part 5 Complaints, 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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