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Customer and Product Data Bill

Administrative matters - Regulations, standards, and exemptions - Regulations

131: Minister must consult on proposed regulations

You could also call this:

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

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

The Minister gets to choose which Māori data experts to talk to, based on what the new rules are about. However, they don’t need to talk to Māori data experts for some types of rules, like those made under section 129.

The Minister also doesn’t need to talk to Māori data experts if they’re just fixing small mistakes in existing rules, making small technical changes, or if they need to make urgent changes for the public good.

Some types of rules, like those made under section 126(1)(c) or (f), don’t require the Minister to talk to anyone before suggesting them.

Even if the Minister doesn’t follow these steps, the new rules can still be valid.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS920149.

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

131Minister must consult on proposed regulations

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

  2. the persons, or representatives of the persons, that the Minister considers will be substantially affected by the proposed 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 regulations.

        2. Subsection (1)(c) does not apply to regulations made under section 129.

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

        4. the amendments are only correcting minor errors; or
          1. the amendments are otherwise of a minor or technical nature only; or
            1. it is necessary or desirable in the public interest that the amendments be made urgently.

              1. This section does not apply to regulations made under section 126(1)(c) or (f).

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