Customs and Excise Act 2018

If you need more information about this Act, please contact the administering agency: New Zealand Customs Service
316 Disclosure of information other than under information matching agreement or direct access agreement


The purpose of this section is to facilitate the disclosure of information by the chief executive of Customs to the chief executive of a government agency where that disclosure—


is to be on a regular basis; and


is not facilitated by—


an information matching agreement under sections 306 to 310; or


a direct access agreement under sections 312 to 315.


The chief executive of Customs may, for the purpose of this section, disclose to the chief executive of a government agency either or both of the following categories of information:


Category 1 information for the purpose of assisting the government agency to carry out its functions:


Category 2 information for the purpose of assisting the government agency to carry out its functions related to, or involving, any of the following:


the prevention, detection, investigation, prosecution, or punishment of offences:


the prevention, detection, or investigation of any potential, suspected, or actual—


terrorist act; or


facilitation of a terrorist act:


the protection of national security:


the processing of international passengers:


the protection of border security:


the protection of public revenue:


the protection of public health and safety.


However, that disclosure to a government agency (an accessing agency) must be in accordance with a written agreement entered into by—


the Minister of Customs; and


the Minister responsible for the accessing agency.


Before entering a written agreement under this section, or varying any such agreement, the Ministers must—


be satisfied that—


disclosure of the information is reasonable and practical; and


there are adequate safeguards to protect the privacy of individuals, including that the proposed compliance and audit requirements for the use, disclosure, and retention of the information are sufficient; and


the agreement will include appropriate procedures for the disclosure and retention of the information; and


consult the Privacy Commissioner and have regard to any comments received from the Privacy Commissioner on the proposed agreement.


A written agreement must specify—


the particular type or class of information to be disclosed; and


the particular purpose or purposes for which the information is accessed; and


the particular function being, or to be, carried out by the government agency for which the information is required; and


how the information is to be used by the government agency to assist with the carrying out of those functions; and


the form in which the information is to be disclosed; and


the positions or designations of the persons in the government agency to whom the information may be disclosed; and


the safeguards that are to be applied for protecting personal information, or commercially sensitive information, that is disclosed; and


the requirements relating to storage and disposal of the disclosed information; and


the circumstances (if any) in which the information may be disclosed by the agency to another agency, and how that disclosure may be made; and


the requirements for reviewing the agreement.