Privacy Act 2020

Sharing, accessing, and matching personal information - Information sharing

157: Amendment of approved information sharing agreement

You could also call this:

"Changing an agreement about sharing personal information"

Illustration for Privacy Act 2020

If an approved information sharing agreement is changed, this section applies. You need to know that the lead agency must tell the Commissioner and the relevant Minister about the change as soon as possible. The lead agency must also make the changed agreement available for people to see at their office and on the internet. The agreement keeps working as it was before, unless the Governor-General approves the changed agreement. When the agreement is changed, some other rules apply, like the rules about approving the agreement in the first place, which are in sections 145 to 151. But if the change is only about things like fees, names, or which agencies are part of the agreement, then some of these rules do not apply, like the rules about telling the Commissioner and the Minister, or about the Governor-General approving the change. You can find more information about what happens when the Governor-General makes an order in Part 3 of the Legislation Act 2019.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS23590.


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Part 7Sharing, accessing, and matching personal information
Information sharing

157Amendment of approved information sharing agreement

  1. This section applies if an approved information sharing agreement is amended (whether in accordance with the Commissioner's recommendation in a report under section 159 or otherwise).

  2. As soon as practicable after the amendment is made, the lead agency must—

  3. give written notice of the amendment to—
    1. the Commissioner; and
      1. the relevant Minister; and
      2. make a copy of the amendment—
        1. available for inspection, free of charge, at the lead agency's head office on any working day; and
          1. accessible, free of charge, on the Internet site where a copy of the agreement is accessible.
          2. The information sharing agreement approved by Order in Council continues to have effect as if the amendment notified under subsection (2) had not been made, unless the Governor-General, by a further Order in Council made on the recommendation of the relevant Minister, approves the agreement as amended by the parties.

          3. Sections 145 to 151 apply, with any necessary modifications, to the approval of the agreement as amended.

          4. Subsection (2)(a), (3), or (4) does not apply if the amendment to an approved information sharing agreement relates only to—

          5. the fees and charges payable under the agreement; or
            1. a name or description of a party to the agreement; or
              1. naming an agency as a party to the agreement under section 142(3); or
                1. removing an agency as a party to the agreement under section 142(4); or
                  1. any terms or conditions of the agreement that the lead agency, after consulting the Commissioner, considers do not, or are unlikely to, have any effect on the privacy implications of the agreement.
                    1. An order under subsection (3) is secondary legislation (see Part 3 of the Legislation Act 2019 for publication requirements).

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                    Notes
                    • Section 157(6): inserted, on , by section 3 of the Secondary Legislation Act 2021 (2021 No 7).