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This page is about a bill. That means that it's not the law yet, but some people want it to be the law. It could change quickly, and some of the information is just a draft.

Customer and Product Data Bill

Administrative matters - Regulations, standards, and exemptions - Standards

134: Chief executive’s consultation on proposed standards

You could also call this:

“Chief executive asks for opinions before making new rules”

This part of the bill talks about how the chief executive should ask for opinions before making new rules called standards. The chief executive needs to talk to people who will be affected by the new rules, the Privacy Commissioner, and experts on Māori ways of dealing with data. The chief executive gets to choose which Māori experts to talk to based on what the new rules are about.

Sometimes, the chief executive doesn’t have to talk to Māori experts. This can happen if they’re just fixing a small mistake in the rules, making a tiny change, or if they need to make a change quickly for important reasons. If they make a quick change without talking to experts, they have to explain why.

Even if the chief executive doesn’t follow these steps perfectly, the new rules will still be valid. This means the rules will still work even if the chief executive made a mistake in how they asked for opinions.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS835980.

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133: Chief executive must comply with prescribed requirements and be satisfied that standards are consistent with any prescribed limits or restrictions, or

“Chief executive must follow rules and check standards fit within limits”

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135: Exemptions, or

“Rules about who doesn't have to follow this new law”

Part 5 Administrative matters
Regulations, standards, and exemptions: Standards

134Chief executive’s consultation on proposed standards

  1. Before making a standard, the chief executive must consult the following:

  2. the persons, or representatives of the persons, that the chief executive considers will be substantially affected by the issue of the proposed standard:
    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 chief executive must decide which people to consult under subsection (1)(c) after taking into account the particular subject matter of the proposed standards.

        2. Subsection (1)(c) does not apply to a standard that amends another standard if the chief executive is satisfied that—

        3. the amendment is only correcting a minor error; or
          1. the amendment is otherwise of a minor or technical nature only; or
            1. it is necessary or desirable in the public interest that the amendment be made urgently.

              1. If the chief executive relies on subsection (3)(c), the chief executive must publish a statement of their reasons for acting under that paragraph.

              2. A failure to comply with this section does not affect the validity of the standards.