Customs and Excise Act 2018

If you need more information about this Act, please contact the administering agency: New Zealand Customs Service

Disclosure to private sector organisations

317 Disclosure of information to private sector organisations

(1)

The purpose of this section is to facilitate the disclosure of information by the chief executive of Customs to a private sector organisation where the information—

(a)

is to be disclosed on a regular basis; and

(b)

would be required to be made available under the Official Information Act 1982 upon request.

(2)

The chief executive of Customs may, for the purpose of this section, enter into a written agreement with a private sector organisation for the regular disclosure, without request, of information held by Customs that the chief executive would be required to disclose to the organisation upon request under the Official Information Act 1982.

(3)

Before entering into an agreement under this section, or varying any such agreement, the chief executive of Customs—

(a)

must consult the Privacy Commissioner; and

(b)

may consult—

(i)

the Chief Ombudsman; and

(ii)

any person that the chief executive considers is representative of interests likely to be substantially affected by the proposed agreement; and

(c)

must have regard to any comments received from the persons consulted under paragraphs (a) and (b).

(4)

The written agreement must specify—

(a)

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

(b)

how the information is to be used by the private sector organisation; and

(c)

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

(d)

the positions or designations of the persons in the private sector organisation to whom the information may be disclosed; and

(e)

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

(f)

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

(g)

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

(h)

the requirements for reviewing the agreement.