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Oversight of Oranga Tamariki System Act 2022

Information provisions and other matters - Information provisions - Disclosure of information

48: Disclosure of information

You could also call this:

"When the Monitor can share information they collect about people or things."

Illustration for Oversight of Oranga Tamariki System Act 2022

The Monitor is not allowed to share any information they collect, unless certain conditions are met. You might wonder what these conditions are. The Monitor can share information for specific purposes, such as when it is required by law, or when it is needed to protect someone from harm.

The Monitor can also share information with certain groups, like hapū, iwi, or Māori organisations, if they have made arrangements to do so under section 19(1)(b). They can share information with an Ombudsman, as stated in section 51, or for a referral under section 56.

If the information is already available to the public, or if it is publicly available and would not be unfair to disclose, the Monitor can share it. The Monitor can also share non-personal information for statistical or research purposes, or if it is needed to achieve their objectives, as outlined in section 13.

In some cases, the Monitor might be required to share information under other laws, such as section 57, or if the person the information is about gives their consent. The Monitor can also share information if they believe it is necessary to prevent harm or a serious threat to public health or safety, as defined in subsection (1)(k)(ii).

Nothing in this section affects the ability to report concerns to the chief executive of Oranga Tamariki or a constable, as stated in section 15 of the Oranga Tamariki Act 1989.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS591511.

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Part 3Information provisions and other matters
Information provisions: Disclosure of information

48Disclosure of information

  1. The Monitor must not disclose any information collected by the Monitor under this Act, unless 1 or more of the following apply:

  2. the information is shared for the purposes of section 7(2)(a):
    1. the information is shared with hapū, iwi, or Māori organisations in accordance with arrangements developed under section 19(1)(b):
      1. the information is shared with an Ombudsman in accordance with section 51:
        1. the information is for a referral under section 56:
          1. the information is—
            1. available to the public under this Act; or
              1. publicly available and, in the case of any personal information, it would not be unfair or unreasonable in the circumstances to disclose the information:
              2. the information is non-personal information included in materials proposed to be published by the Monitor and the disclosure is for the purpose of any 1 or more of the Monitor’s objectives set out in section 13:
                1. the information is non-personal information and the Monitor believes on reasonable grounds that the disclosure is for statistical or research purposes and the information will not be used in a form that could reasonably be expected to identify any individual:
                  1. the disclosure of the information—
                    1. is made under this Act or regulations made under section 57; or
                      1. is otherwise required by or under law:
                      2. the disclosure is permitted by section 33 of the Children’s Commissioner Act 2022:
                        1. the disclosure of the information is with the consent of the person—
                          1. to whom the information relates; or
                            1. to whom the information is confidential:
                            2. the Monitor believes on reasonable grounds that the disclosure is reasonably necessary—
                              1. to protect a person from harm; or
                                1. to prevent or lessen a serious threat to public health or safety or to the life or health of any person.

                                2. In subsection (1)(k)(ii), serious threat means a threat that an agency reasonably believes to be a serious threat having regard to all of the following:

                                3. the likelihood of the threat being realised; and
                                  1. the severity of the consequences if the threat is realised; and
                                    1. the time at which the threat may be realised.

                                      1. Nothing in this section limits or affects section 15 of the Oranga Tamariki Act 1989 (which provides for reporting concerns to the chief executive of Oranga Tamariki or a constable).

                                      Notes
                                      • Section 48(1)(i): amended, on , by section 25 of the Oversight of Oranga Tamariki System Legislation Amendment Act 2025 (2025 No 34).