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Customer and Product Data Act 2025

Administrative matters - Designation regulations

106: Minister must consult on proposed designation

You could also call this:

"The Minister must talk to important people before making new rules"

The Minister needs to talk to certain people before recommending new rules about designations. You need to know who these people are and why they're important.

The Minister must talk to people who will be greatly affected by the new rules. This could be the actual people or someone speaking for them.

The Minister also has to talk to the Privacy Commissioner. This person helps protect people's private information.

The Minister needs to chat with at least one person who knows a lot about Māori ways of handling data. This includes how Māori think about accessing, using, or protecting data.

When choosing the Māori expert to talk to, the Minister needs to think about what the new rules are about.

Sometimes, if the Minister is just fixing small mistakes or making tiny changes to the rules, they don't need to talk to the Māori expert.

Even if the Minister forgets to talk to these people, the new rules will still be valid. But it's important that they try to talk to everyone first.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS792344.

Topics:
Rights and equality > PrivacyMāori affairs > Treaty of WaitangiGovernment and voting > Government departments
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105: Minister must have regard to certain matters when recommending designation regulations, or

"Minister must think carefully before making rules about sharing data"

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107: Contents of designation regulations, or

"Rules about what information can be shared and who can use it"

Part 5Administrative matters
Designation regulations

106Minister must consult on proposed designation

  1. Before recommending that designation regulations be made, the Minister must consult the following about the proposed designation:

  2. the persons, or representatives of the persons, that the Minister considers will be substantially affected by the proposed designation regulations:
    1. the Privacy Commissioner:
      1. 1 or more people who have expert knowledge of te ao Māori approaches to data (for example, approaches to data access, use, or protection).

        1. The Minister must decide which people to consult under subsection (1)(c) after taking into account the particular subject matter of the proposed designation regulations.

        2. Subsection (1)(c) does not apply to regulations that amend other regulations if the Minister is satisfied that the amendments—

        3. are only correcting minor errors; or
          1. are otherwise of a minor or technical nature only.

            1. A failure to comply with this section does not affect the validity of the designation regulations.