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Deposit Takers Act 2023

Miscellaneous - Confidentiality

442: Disclosure of information by Bank

You could also call this:

"When the Bank can share your information"

Illustration for Deposit Takers Act 2023

The Bank has rules about sharing information it gets under the Deposit Takers Act 2023. You need to know that the Bank can only share this information in certain situations. The Bank can share information if it is already public, or if it is in a statistical form, like a summary of numbers.

The Bank can also share information if it is required to do so by law, or if the person getting the information has a good reason to receive it. The Bank must make sure the person getting the information will keep it confidential. If you are getting information from the Bank, it must be for a valid reason, like the Bank is doing its job.

The Bank must follow the Privacy Act 2020 when sharing personal information. This means the Bank must protect your private information. The Bank's staff, like the Governor or employees, can only share information if they are doing their job. They must not share information for any other reason.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS496774.

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Part 8Miscellaneous
Confidentiality

442Disclosure of information by Bank

  1. This section applies to the following:

  2. information given to the Bank under this Act:
    1. information derived from or based on information referred to in paragraph (a):
      1. information relating to the exercise, or possible exercise, of the powers conferred by this Act.

        1. The Bank may publish or disclose any information to which this section applies only if—

        2. the information is available to the public under an Act (other than the Official Information Act 1982) or is otherwise publicly available information; or
          1. the information is in a statistical or summary form; or
            1. the disclosure is for the purposes of, or in connection with, the performance or exercise of any function, power, or duty conferred or imposed on the Bank by this Act or any other legislation; or
              1. the disclosure is made under subpart 3 of Part 6 of the Reserve Bank of New Zealand Act 2021 (which relates to information sharing); or
                1. the publication or disclosure is to a person who the Bank is satisfied has a proper interest in receiving the information; or
                  1. the publication or disclosure is with the consent of the person to whom the information relates or of the person to whom the information is confidential.

                    1. The Bank must not publish or disclose information under subsection (2)(e) unless satisfied that satisfactory provision exists to protect the confidentiality of the information.

                    2. Nothing in this section limits the Privacy Act 2020 (see, in particular, the limits on the disclosure of personal information in information privacy principles 11 and 12 set out in section 22 of that Act).

                    3. A member of the board of the Bank, the Governor, any other office holder of the Bank, or any employee of the Bank must not publish or disclose any information to which this section applies except for the purposes of, or in connection with, the performance or exercise of any function, power, or duty under this Act or any other legislation.