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Children’s Commissioner Act 2022

Inquiries and other matters - Provisions relating to inquiries by Commissioner

29: Commissioner and staff must maintain secrecy

You could also call this:

"Commissioner and staff must keep people's secrets to protect their privacy."

Illustration for Children’s Commissioner Act 2022

The Commissioner and their staff must keep secrets about the things they learn during an inquiry. You can think of an inquiry like an investigation into something. The Commissioner is like a person in charge of making sure everything is fair and good for children. They have to keep secrets to protect people's privacy.

The Commissioner can share some information if they think it's necessary to follow the law or to protect someone's privacy, as outlined in the Privacy Act 2020, specifically information privacy principle 6. They can also share information if it's required by other laws, like the Official Information Act 1982.

But there are some things the Commissioner cannot share, like matters that might affect New Zealand's security or international relationships, or things that might stop the police from solving crimes. The Commissioner also has to follow certain rules when sharing personal information, as outlined in sections 49 to 53 of the Privacy Act 2020.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS733216.

Topics:
Rights and equality > PrivacyFamily and relationships > Children and parenting
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"Following instructions in a section 27 notice without being charged"

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Part 3Inquiries and other matters
Provisions relating to inquiries by Commissioner

29Commissioner and staff must maintain secrecy

  1. The Commissioner and every employee of the Commissioner must maintain secrecy in respect of all matters that come to the knowledge of the Commissioner or the employee in the course of any inquiry.

  2. Despite anything in subsection (1), the Commissioner or any employee of the Commissioner acting with the authority of the Commissioner may disclose any matter that, in the Commissioner’s opinion, ought to be disclosed for the purposes of giving effect to—

  3. this Act; or
    1. the Commissioner’s obligations under any other legislation; or
      1. information privacy principle 6 set out in section 22 of the Privacy Act 2020 (which relates to access to personal information).

        1. The power conferred by subsection (2)(a) does not extend to—

        2. any matter that might prejudice—
          1. the security, defence, or international relations of New Zealand (including New Zealand’s relations with the Government of any other country or with any international organisation); or
            1. any interest protected by section 7 of the Official Information Act 1982; or
              1. the maintenance of the law, including the prevention, investigation, or detection of offences; or
              2. any matter that might involve the disclosure of the deliberations of Cabinet; or
                1. any information, answer, document, paper, or thing obtained by the Commissioner by reason only of compliance with a requirement specified in section 27(1).

                  1. The power conferred by subsection (2)(c) is subject to sections 49 to 53 of the Privacy Act 2020.

                  Compare
                  Notes
                  • Section 29 heading: amended, on , by section 24 of the Oversight of Oranga Tamariki System Legislation Amendment Act 2025 (2025 No 34).
                  • Section 29(1): amended, on , by section 24 of the Oversight of Oranga Tamariki System Legislation Amendment Act 2025 (2025 No 34).
                  • Section 29(2): amended, on , by section 24 of the Oversight of Oranga Tamariki System Legislation Amendment Act 2025 (2025 No 34).
                  • Section 29(2)(b): amended, on , by section 24 of the Oversight of Oranga Tamariki System Legislation Amendment Act 2025 (2025 No 34).
                  • Section 29(3)(c): amended, on , by section 24 of the Oversight of Oranga Tamariki System Legislation Amendment Act 2025 (2025 No 34).