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Inspector-General of Defence Act 2023

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

38: Inspector-General may make order protecting privacy or confidentiality

You could also call this:

"The Inspector-General can stop people sharing secret information to keep them safe."

Illustration for Inspector-General of Defence Act 2023

The Inspector-General can make an order to stop people sharing certain information. This can include details about an investigation, or things people have told the Inspector-General. You might not be allowed to share someone's name if it could identify them. The Inspector-General must think the information is sensitive before making an order. They must also think sharing it could cause problems or breach security. The order can last forever or for a certain amount of time. Some things are exempt from this order, like reports published under section 21, 53, or 54. This also includes anything in those reports, and what happens in Parliament. The Inspector-General's order does not apply to these things.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS747700.

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Topics:
Rights and equality > Privacy
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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."

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39: Investigations must be conducted in private unless Inspector-General decides otherwise, or

"Investigations are usually private, but the Inspector-General can make them public."

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

38Inspector-General may make order protecting privacy or confidentiality

  1. The Inspector-General may make an order prohibiting the publication, broadcast, distribution, or other disclosure of—

  2. any matter that is the subject of, or otherwise relates to, an investigation or assessment:
    1. any information, document, or other thing provided to the Inspector-General in the course of an investigation or assessment, or any report of the information, document, or other thing:
      1. the name of a person participating in an investigation or assessment or other details likely to lead to the person’s identification:
        1. a finding, recommendation, or other decision of the Inspector-General relating to an investigation or assessment:
          1. a report of an investigation or assessment:
            1. a decision of the Minister relating to an investigation or assessment.

              1. Before making an order under this section, the Inspector-General must be satisfied that the matter or other thing covered by the order is sensitive, or that its public disclosure would—

              2. breach its security classification; or
                1. be likely to prejudice the Inspector-General’s ability to carry out an investigation or assessment.

                  1. A prohibition imposed by an order under this section may be permanent or for a period specified in the order.

                  2. An order under this section does not apply to—

                  3. a report or programme published under section 21, 53, or 54:
                    1. anything included in such a report or programme:
                      1. the communication or reporting of proceedings in Parliament.