(1)
The purpose of this section is to facilitate the disclosure of information by the chief executive of Customs to an overseas authority for the purpose of assisting the authority to carry out its functions related to, or involving, any of the following:
the prevention, detection, investigation, prosecution, or punishment of offences; or
the processing of international passengers at the border; or
the protection of border security; or
the enforcement of a law imposing a pecuniary penalty; or
the protection of public health and safety; or
the protection of public revenue.
(2)
The chief executive of Customs may, for the purpose of this section, disclose any information held by Customs to an overseas authority—
in accordance with a written agreement entered into between the chief executive of Customs and the overseas authority that complies with subsection (5); or
in accordance with subsection (6).
(3)
Despite subsection (2), the chief executive of Customs may not disclose biometric information relating to any person to an overseas authority for the purposes of assisting the overseas authority to perform the function specified in subsection (1)(d).
(4)
Before entering into a written agreement under this section, or varying any such agreement, the chief executive of Customs must consult the Privacy Commissioner.
(5)
For the purposes of subsection (2)(a), a written agreement must specify—
the particular type or class of information to be disclosed; and
the functions of the overseas authority in respect of which the disclosure of the information is required; and
how the information is to be used by the overseas authority to assist with the carrying out of those functions; and
the form in which the information is to 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 information; and
the circumstances (if any) in which the information may be disclosed by the agency to another specified agency, and how that disclosure may be made.
(6)
The chief executive of Customs may disclose information to an overseas authority without a written agreement if—
the functions of the overseas authority include the prevention, detection, investigation, prosecution, or punishment of offences that are, or if committed in New Zealand would be,—
customs offences of any kind; or
other offences punishable by imprisonment; and
the information is disclosed subject to conditions stating—
the use that the overseas authority may make of the information; and
either—
that the overseas authority must not disclose the information to any other agency, body, or person; or
that the overseas authority may disclose the information, or part of it, to a specified agency, body, or person subject to certain conditions; and
the chief executive of Customs makes and keeps a record of—
the information that was disclosed; and
the overseas authority or authorities to which it was disclosed; and
the conditions subject to which it was disclosed.
(7)
The Privacy Commissioner may, at intervals of not less than 12 months, require the chief executive of Customs to undertake a review of—
an agreement entered into under this section; and
the arrangements for disclosure under the agreement.
(8)
The chief executive must undertake a review required by the Privacy Commissioner under subsection (7) and, as soon as practicable after concluding that review, report the findings of the review to the Privacy Commissioner.
(9)
This section does not limit the general powers of the chief executive of Customs to enter into agreements not related to the disclosure of information with any overseas authority.
(10)
In this section,—
information means either or both of the following:
Category 1 information:
Category 2 information
overseas authority means an overseas agency, body, or person.
Compare: 1996 No 27 s 281