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Customer and Product Data Bill

Administrative matters - Designation regulations

99: Minister must consult on proposed designation

You could also call this:

“Minister must talk to important people before making new rules about data”

The proposed law says that before the Minister can recommend making new designation regulations, they need to talk to certain people. These people include those who will be affected by the new rules, the Privacy Commissioner, and experts who know about Māori ways of handling data.

The Minister gets to choose which Māori data experts to talk to, based on what the new rules are about. However, if the Minister is only making small changes or fixing mistakes in existing rules, they don’t need to talk to the Māori data experts.

Even if the Minister doesn’t follow these steps exactly, the new rules can still be valid. This means the rules can still work even if the Minister forgets to talk to someone they were supposed to.

This new law is trying to make sure that important people get a say before new rules are made, especially when it comes to data and privacy.

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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.

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Part 5 Administrative matters
Designation regulations

99Minister 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.