Commerce Amendment Bill

32 New sections 99AA and 99AB and cross-headings inserted

After section 99, insert:

Power to share information and documents with public service agencies, statutory entities, and Reserve Bank

99AA Sharing of information and documents with public service agencies, statutory entities, and Reserve Bank

(1)

The Commission may provide to a public service agency, a statutory entity, or the Reserve Bank of New Zealand any information, or a copy of any document, that the Commission—

(a)

holds in relation to the performance or exercise of the Commission’s functions, powers, or duties under this Act or any other legislation; and

(b)

considers may assist the public service agency, statutory entity, or Reserve Bank in the performance or exercise of its functions, powers, or duties under this Act or any other legislation.

(2)

The Commission may provide information, or a copy of a document, under this section only if the Commission is satisfied that—

(a)

doing so will not substantially affect the performance of its other functions; and

(b)

appropriate protections are or will be in place for the purpose of maintaining the confidentiality of anything provided (in particular, information that is personal information within the meaning of the Privacy Act 2020).

(3)

The Commission may use any information, or a copy of any document, in the Commission’s performance or exercise of its functions, powers, or duties under any legislation if the information or copy is provided to the Commission—

(a)

by a public service agency or statutory entity, or the Reserve Bank, under any legislation; or

(b)

by an overseas regulator.

(4)

In this section and section 99AB, statutory entity means an entity or office named in Schedule 1 of the Crown Entities Act 2004.

(5)

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

(6)

Nothing in this section limits the Privacy Act 2020 or section 29 of the Fuel Industry Act 2020.

99AB Commission may impose conditions on provision of information or documents

(1)

The Commission may impose any conditions in relation to providing information, or a copy of a document, to a public service agency, or a statutory entity, or the Reserve Bank of New Zealand (whether provided in compliance with a request or otherwise).

(2)

The Commission must, in considering what conditions to impose, have regard to whether conditions are necessary or desirable in order to protect the privacy of any individual.

(3)

The conditions may include, without limitation, conditions relating to—

(a)

maintaining the confidentiality of anything provided (in particular, information that is personal information within the meaning of the Privacy Act 2020):

(b)

the storing of, the use of, or access to anything provided:

(c)

the copying, returning, or disposing of copies of documents provided:

(d)

payment of the costs incurred by the Commission in providing anything or in generally complying with a request.

(4)

This section does not limit section 100.

Assistance to overseas regulators