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Customer and Product Data Act 2025

Administrative matters - Regulations, standards, and exemptions - Regulations

131: General regulations

You could also call this:

“Rules for making the Customer and Product Data Act 2025 work”

The Governor-General can make rules about the Customer and Product Data Act 2025 when the Minister suggests it. These rules can cover many things, like:

  • Explaining how to do things the Act mentions
  • Saying who should do things, when, where, and how
  • Deciding what forms to use
  • Choosing what information is needed
  • Letting the chief executive make some decisions
  • Fixing problems mentioned in section 58
  • Setting up how the register works, what’s in it, and who can use it
  • Deciding how to make standards
  • Limiting what can be in the standards
  • Helping with anything else needed to make the Act work

If the rules say someone has to pay money to fix a problem they caused, the Minister needs to make sure:

  • The payment is to cover costs from breaking the Act’s rules
  • It’s clear how much the costs are
  • The problem and the costs are closely connected

These rules are called secondary legislation, which means they’re published in a special way.

If the chief executive is allowed to make notices about some things, those notices are also secondary legislation, and the rules must say this clearly.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS700339.

Topics:
Money and consumer rights > Consumer protection Business > Industry rules Business > Fair trading Rights and equality > Privacy
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Part 5 Administrative matters
Regulations, standards, and exemptions: Regulations

131General regulations

  1. The Governor-General may, by Order in Council, on the recommendation of the Minister, make regulations for all or any of the following purposes:

  2. providing for anything that this Act says may or must be provided for by regulations:
    1. prescribing, for the purposes of any provision of this Act that requires a thing to be done in a manner prescribed by the regulations (or standards), the manner in which the thing must be done, including prescribing—
      1. by whom, when, where, and how the thing must be done:
        1. the form that must be used in connection with doing the thing:
          1. what information or other evidence or documents must be provided in connection with the thing:
            1. requirements with which information, evidence, or documents that are provided in connection with the thing must comply:
            2. authorising the chief executive to determine or prescribe by notice any of the matters under paragraph (b):
              1. prescribing matters for the purposes of section 58 (remedial actions):
                1. prescribing procedures, requirements, and other matters, not inconsistent with this Act, for the register, including matters that relate to—
                  1. the operation of the register:
                    1. the form of the register:
                      1. the information to be contained in the register:
                        1. access to the register:
                          1. search criteria for the register:
                            1. circumstances in which amendments must be made to the register:
                            2. specifying requirements about how the standards may be made (for example, additional matters that the chief executive must have regard to):
                              1. if this Act says that anything may or must be provided for by regulations or standards, prescribing limits or restrictions on providing for that thing in standards (see section 139):
                                1. providing for anything incidental that is necessary for carrying out, or giving full effect to, this Act.

                                  1. If the regulations under subsection (1)(d) require a data holder or an accredited requestor (A) to pay an amount to, or on account of, a person referred to in section 58(3) (B), the Minister may make a recommendation only if the Minister is satisfied that—

                                  2. the amount is to reimburse or compensate B for a cost or an expense that B has incurred as a result of a contravention of a duty imposed under this Act; and
                                    1. the nature and extent of the cost or expense is readily ascertainable; and
                                      1. there is a reasonably close connection between the contravention and the cost or expense that has been incurred.

                                        1. Regulations made under this section are secondary legislation (see Part 3 of the Legislation Act 2019 for publication requirements).

                                        2. If regulations made under subsection (1)(c) authorise the chief executive to determine or prescribe matters by notice,—

                                        3. a notice made under the regulations is secondary legislation (see Part 3 of the Legislation Act 2019 for publication requirements); and
                                          1. the regulations must contain a statement to that effect.

                                            Notes