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Customer and Product Data Act 2025

Administrative matters - Regulations, standards, and exemptions - Standards

140: Chief executive’s consultation on proposed standards

You could also call this:

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

When the chief executive wants to make a new standard, they need to talk to certain people first. They must ask people who will be affected by the new standard, the Privacy Commissioner, and experts who know about Māori ways of handling data.

The chief executive gets to choose which Māori data experts to talk to, based on what the new standard is about.

Sometimes, the chief executive doesn't need to talk to Māori data experts. This happens when they're just fixing a small mistake in a standard, making a tiny change, or when they need to make an urgent change for the public good.

If the chief executive makes an urgent change without talking to Māori data experts, they have to tell everyone why they did that.

Even if the chief executive forgets to talk to these people, the standard they make is still valid and will work.

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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.

Topics:
Government and government departments > Government departmentsRights and equality > PrivacyMāori affairs > Treaty of Waitangi
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Part 5Administrative matters
Regulations, standards, and exemptions: Standards

140Chief 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.