Local Government (Water Services Preliminary Arrangements) Act 2024

Water services delivery plans and foundational information disclosure requirements - Foundational information disclosure requirements - Sharing of information

50: Sharing of information and documents between Commission and department

You could also call this:

"The Commission and government department share information to check water service plans are working."

The Commission and the department can share information with each other if they think it will help with understanding how the Wellington Regional Council or a territorial authority plans to deliver water services. This is so they can see if the council or authority is doing what it said it would do in its water services delivery plan, which you can read about in section 8. They can also share information so people can check if the goals of this part of the law are being met.

When the department or the Commission gets information under this law, they can only use it for certain things. The department can use it to do its job under this law, and the Commission can use it to do its job under this law or the Commerce Act 1986. The Commission can also use the information to help develop a long-term plan for regulating water services.

The department or the Commission can share information even if nobody asked for it, and they must make sure the information is kept confidential. They can share sensitive business information, and they can do this even if there's something in a contract that says they can't. They can also share information with conditions attached, which means they can say what can and can't be done with the information.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS964502.


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Part 2Water services delivery plans and foundational information disclosure requirements
Foundational information disclosure requirements: Sharing of information

50Sharing of information and documents between Commission and department

  1. The Commission and the department may share information with each other if the Commission or the department (whichever is the provider of the information) believes that sharing the information is for either or both of the following purposes:

  2. understanding the Wellington Regional Council’s or a territorial authority’s intention and commitment to deliver water services in a way that is consistent with the purpose of a water services delivery plan (see section 8):
    1. ensuring that sufficient information is available to interested persons to assess whether the purposes of this subpart are being met.
      1. Any information received by the department or the Commission under this Act may only be used in connection with,—

      2. in the case of the department, the performance or exercise of its functions, duties, or powers under this Act; or
        1. in the case of the Commission,—
          1. the performance or exercise of its functions, duties, or powers under this Act or under the Commerce Act 1986; or
            1. the development of a long-term economic regulation regime for the delivery of water services.
            2. The department or the Commission may share information under this section whether or not a request has been made.

            3. The department and the Commission must ensure that appropriate protections are or will be in place to maintain the confidentiality of information shared under this section.

            4. The department and the Commission may share commercially sensitive information under this section.

            5. This section applies despite anything to the contrary in any contract, deed, or document.

            6. The department or the Commission may share the information subject to any conditions they think are appropriate.