Plain language law

New Zealand law explained for everyone

Inspector-General of Defence Act 2023

Inspector-General’s powers to obtain information and assistance - Protection of information, etc

36: Duty of confidentiality

You could also call this:

"Keeping Secret Information Safe"

Illustration for Inspector-General of Defence Act 2023

You have a duty to keep some information secret. This is called protected material. You get this material when you are doing your job as Inspector-General. You must not share protected material unless it is for your work or to help the Minister. You can share it if you are the Inspector-General, Deputy Inspector-General, or working with them. This also includes independent people, advisors, or panel members who help the Inspector-General. The Minister can say that protected material must not be shared if it would put someone in danger. They can also say it should not be shared if it would affect New Zealand's security or relationships with other countries. The Minister must talk to the Chief of Defence Force before making this decision. You must follow these rules if you have protected material. This helps keep important information safe. You have a responsibility to keep this information secret.

This text is automatically generated. It might be out of date or be missing some parts. Find out more about how we do this.

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS719790.

This page was last updated on — View changes

Topics:
Government and voting > Government departmentsRights and equality > Privacy
Previous

35: Protection of material disclosed by Inspector-General to others, or

"Keeping Information Shared by the Inspector-General Safe"

Next

37: Inspector-General and others not compellable witnesses, or

"Some people, like the Inspector-General, can't be forced to give evidence in court, except in certain situations."

Part 4Inspector-General’s powers to obtain information and assistance
Protection of information, etc

36Duty of confidentiality

  1. This section applies to any information, document, or other thing that is—

  2. obtained by the Inspector-General under any of sections 10 and 23 to 31; or
    1. otherwise received for the purposes of, or in the course of performing, the investigation function or the assessment function

        1. (protected material).

      1. The people specified in subsection (3) must not use, make a record of, or disclose protected material unless the use, record, or disclosure—

      2. is for or to the Minister, or is for the purpose of performing the Inspector-General’s functions or working for, or providing a service to, the Inspector-General; and
        1. does not contravene subsection (4).

          1. The people are—

          2. the Inspector-General:
            1. the Deputy Inspector-General:
              1. an employee or a contractor of, or a secondee to, the Inspector-General:
                1. an independent person to whom any information, document, or other thing is referred under section 40(2):
                  1. a member of an advisory panel:
                    1. an advisor appointed under section 49:
                      1. a person who was formerly a person within any of paragraphs (a) to (f).

                        1. The people specified in subsection (3) must not disclose protected material if—

                        2. the Minister has certified under subsection (5) that it should not be disclosed; or
                          1. the Minister has certified under subsection (5) that it should be disclosed only on specified terms and conditions and the disclosure would not be on those terms and conditions.

                            1. The Minister may certify that protected material should not be disclosed, or that it should be disclosed only on terms and conditions specified in the certificate, if the Minister considers that the disclosure of the material, or its disclosure otherwise than on those terms or conditions, would be likely to—

                            2. endanger the safety of any person; or
                              1. infringe the privacy of a natural person (including a deceased natural person) in a way, or to an extent, not outweighed by the public interest in disclosure; or
                                1. prejudice—
                                  1. the security or defence of New Zealand; or
                                    1. the international relations of the New Zealand Government; or
                                      1. the entrusting of information to the New Zealand Government on a basis of confidence by the Government of another country or by a foreign public agency or an international organisation.

                                      2. The Minister must not give a certificate under subsection (5) unless the Minister has consulted—

                                      3. the Chief of Defence Force; and
                                        1. anyone else the Minister considers capable of helping to determine the relevant circumstances and information.