Integrity Sport and Recreation Act 2023

Powers, investigations, and disciplinary panels - Integrity investigations - Powers relating to investigation under section 31 or 32

38: Confidentiality and disclosure of information relating to investigations

You could also call this:

"Keeping investigation information secret and when it can be shared"

Illustration for Integrity Sport and Recreation Act 2023

When you make a complaint about integrity or someone is investigating a complaint, the Commission gets some information. The Commission must keep this information secret if it could identify you or someone else who gave information. The Commission can share this information if you agree to it. They can also share it if they think it is necessary for the investigation, to keep people safe, or for a court case.

If the Commission shares information that could identify you, they must tell you about it. There are some exceptions, like when they have to share information with other agencies, such as the Government Statistician, for official statistics or research under the Data and Statistics Act 2022. The Commission must follow other laws, like the Privacy Act 2020 and the Official Information Act 1982, when deciding what information to share.

Before sharing information that could identify you, the Commission must talk to you about it, if possible. They have to do this in certain situations, like when they are investigating a complaint or sharing information with a law enforcement agency, as defined in section 3(1) of the Search and Surveillance Act 2012.

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This page was last updated on 18 September 2025

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS788278.

Topics:

Rights and equality > PrivacyGovernment and voting > Government departments

37: Commission may report on investigation, or

"The Commission can write a report about an investigation and share it with the public."

39: No retaliation against participant who makes complaint or provides information to Commission, or

"You're protected from being treated unfairly if you complain or tell the Commission something."

Part 4Powers, investigations, and disciplinary panels
Integrity investigations: Powers relating to investigation under section 31 or 32

38Confidentiality and disclosure of information relating to investigations

The Commission must keep confidential any information obtained through a complaint about integrity or while conducting an investigation under section 31 or 32 if that information might identify a complainant or any other person who has provided information during an investigation.
Despite subsection (1), the Commission may disclose information referred to in that subsection if—
the person who would be identified consents to the disclosure of the information; or
the Commission believes on reasonable grounds that the disclosure of the information is necessary—
1. for the effective investigation of the complaint or the effective conduct of the investigation, if commenced, or for disciplinary processes arising from the investigation; or
2. to prevent or lessen a serious risk to public health, public safety, or to the health or safety of any individual; or
3. for an investigation by a law enforcement or regulatory agency for the purpose of law enforcement; or
4. for the conduct of proceedings before any court or tribunal (that is, proceedings that have been commenced or are reasonably in contemplation); or
5. for the purposes of a report that the Commission may issue in accordance with section 37; or
the Commission is required to disclose the information under any other legislation (including the Privacy Act 2020 and the Official Information Act 1982).

Before releasing identifying information for a reason described in subsection (2)(b) or (c),—
if the release is for the reason described in subsection (2)(b)(i), (iii), or (v), the Commission must consult the person who would be identified about the release; or
if the release is for the reason described in subsection (2)(b)(ii) or (iv), the Commission must, if practicable, consult the person who would be identified about the release.

After releasing identifying information for a reason described in subsection (2)(b), the Commission must inform the person who is identified by it.
Nothing in this section limits or prevents the provision of information to the Government Statistician for the production of official statistics or research under the Data and Statistics Act 2022.
In this section, law enforcement or regulatory agency includes bodies within the meaning of law enforcement agency in section 3(1) of the Search and Surveillance Act 2012.