Customer and Product Data Act 2025

Administrative matters - Designation regulations

105: Minister must have regard to certain matters when recommending designation regulations

You could also call this:

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

When the Minister wants to make rules about who should share data, they need to think about a few important things first. These things help make sure the rules are fair and helpful for everyone.

The Minister needs to consider what's best for customers, including Māori customers. They also need to think about how much it might cost the people or companies who will have to share the data, and what good things might happen because of it.

It's important that the rules make it easy and safe for data to be shared in a standard way. The Minister also needs to think about how the rules might help or cause problems with keeping data safe and private, especially if the data is sensitive or secret.

The Minister has to consider if anyone owns the rights to the data, like if someone created it or if it's a company secret. These rights are called intellectual property rights. Intellectual property rights can include things like inventions, designs, brand names, and secret information that belongs to a company.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS835837.


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104: Designation regulations, or

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Part 5Administrative matters
Designation regulations

105Minister must have regard to certain matters when recommending designation regulations

  1. Before recommending that designation regulations be made, the Minister must have regard to the following:

  2. the interests of customers, including Māori customers:
    1. any likely costs and benefits for the person or class of persons that are proposed to become data holders:
      1. whether the regulations facilitate secure, standardised, and efficient regulated data services:
        1. the likely benefits and risks associated with the proposed designation regulations in relation to—
          1. the security, privacy, confidentiality, or other sensitivity of customer data and product data; and
            1. any intellectual property rights that may exist in relation to customer data or product data.
            2. In this section, intellectual property rights includes patents, designs, trade marks, copyrights, plant variety rights, know-how, confidential information, trade secrets, and similar rights.