Inspector-General of Defence Act 2023

Offences

46: Failing to comply with duty of confidentiality

You could also call this:

"Breaking the rule of keeping secrets"

Illustration for Inspector-General of Defence Act 2023

You commit an offence if you wilfully fail to comply with a requirement under section 36. This means you must not use, make a record of, or disclose any information, document, or other thing. You must also disclose any information, document, or other thing only in accordance with specified terms and conditions. You can be punished if you commit this offence. You can be imprisoned for up to 2 years or fined up to $10,000, or both. The Attorney-General must give permission before you can be prosecuted for this offence. If you are prosecuted, the court will decide what happens to you. The Attorney-General has a role in deciding whether you should be prosecuted. You will be dealt with according to the law if you commit this offence.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS722803.

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"Don't stop or trick the Inspector-General from doing their job"


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47: Failing to comply with confidentiality or privacy order, or

"Breaking a secrecy or privacy rule can lead to a big fine"

Part 5Offences

46Failing to comply with duty of confidentiality

  1. A person commits an offence if the person wilfully fails to comply with a requirement under section 36

  2. not to use, make a record of, or disclose any information, document, or other thing; or
    1. to disclose any information, document, or other thing only in accordance with specified terms and conditions.
      1. A person who commits an offence against this section is liable on conviction to imprisonment for a term not exceeding 2 years or a fine not exceeding $10,000, or both.

      2. A prosecution for an offence against this section must not be commenced without the leave of the Attorney-General.