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Data and Statistics Bill
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Contents
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Hon Dr David Clark
Data and Statistics Bill
Government Bill
81—3
Contents
Key
1
Title
2
Commencement
Part 1
Preliminary provisions
3
Purpose
4
Te Tiriti o Waitangi/Treaty of Waitangi
5
Overview
6
Interpretation
7
Meaning of public sector agency
8
Transitional, savings, and related provisions
9
Act binds the Crown
Part 2
Roles and responsibilities
10
Statistics New Zealand
11
Functions and powers of Minister
Government Statistician
12
Government Statistician
13
Functions of Statistician
14
Duties of Statistician relating to Tiriti o Waitangi/Treaty of Waitangi
15
Principles of engagement by Statistician with Māori
16
Independence of Statistician
17
Delegation of functions or powers of Statistician
Multi-year data and statistical programme
18
Multi-year data and statistical programme
19
Engagement with Māori on multi-year data and statistical programme
20
Consultation on draft multi-year data and statistical programme
21
Review of multi-year data and statistical programme
Part 3
Collection of data and statistical confidentiality
Subpart 1—Collecting data
22
Collecting data
Subpart 2—Requests for data
23
Statistician may request data from individual, public sector agency, or organisation to produce official statistics
24
Joint collections
25
Statistician may authorise public sector agency to request data for Statistician to produce official statistics
26
Public sector agency authorised under
section 25
may request data
27
Matters to be specified in request under this Part
28
Certain requests for data under this Part require approval by Minister
Obligation to comply with request
29
Obligation to comply with request
Authority to provide data voluntarily in response to request
30
Authority to provide data voluntarily in response to request
Conditions not to be imposed in response to request
31
Conditions not to be imposed in response to request
Subpart 3—Collection by agreement with Statistician without request
32
Authority to provide data by agreement with Statistician without request
33
Circumstances in which data may be collected as described in
section 22(c)(i)
subject to access conditions
Subpart 4—Census of population and dwellings
34
Census of population and dwellings
35
Engagement with Māori on census
36
Consultation on census
37
Review after each census
38
Duty to obtain details regarding request for data in census
Subpart 5—Statistical confidentiality
39
Statistician authorised to publish or otherwise disclose certain data
40
When Statistician may disclose identifying data to individual, public sector agency, or organisation
41
Disclosure of historical data
42
Certificate of confidentiality
Part 4
Official statistics
43
Matters on which official statistics may be produced
44
Minister may direct Statistician to produce or cease production of statistics on matter
45
Obligations of public sector agencies
46
Statistician may make official statistics available subject to temporary conditions relating to broadcast, publication, or other disclosure
Use of data collected by agreement for research
47
Use of data provided by individual or organisation as described in
section 22(c)(i)
Part 5
Access to data for research
Subpart 1—Access to data held by Statistics New Zealand
Authorising access to data for research
48
When Statistician may authorise access to data for research
49
Statistician must be satisfied research is in public interest
50
Statistician must be satisfied individual, public sector agency, or organisation seeking access to data is appropriate researcher
51
Statistician must be satisfied access to data is subject to appropriate measures to protect privacy, confidentiality, and security of data
52
Additional consideration if overseas person seeking access to data
53
Statistician must publish information about access to data under this subpart
Researcher obligations
54
Researcher obligations in relation to data accessed for research
Subpart 2—Access to data held by other public sector agencies
55
Statistician may determine that certain public sector agencies may authorise access to data for research in accordance with this Part
56
Effect of determination under
section 55
Part 6
Offences and enforcement
Subpart 1—Power of entry and inspection
57
Power of entry and inspection
58
Search warrant
59
Data obtained using power of entry treated as data obtained under Act
Subpart 2—Compliance notices and offences
Compliance notices
60
Interpretation
61
Power to issue compliance notice
62
Content
63
Service of compliance notice
64
Compliance
65
Authorised person may amend or cancel compliance notice
66
Review of compliance notice
67
How review must be conducted
Procedure for infringement offences
68
Interpretation
69
Infringement offences
70
When infringement notice may be issued
71
Revocation of infringement notice before payment made
72
What infringement notice must contain
73
How infringement notice may be served
74
Payment of infringement fees
75
Reminder notices
Offences relating to failure to provide data
76
Failing or refusing to provide data
77
False or misleading statement
Offences relating to obligation to protect data
78
Breach of certificate of confidentiality
79
Wrongfully obtaining data while performing duty or function or exercising power under Act
80
Acting contrary to obligations under
section 54
81
Giving or obtaining unauthorised access to data
Other offences
82
Penalties for non-compliance with compliance notice
83
Mutilation or defacement, etc, of data or request
84
Obstruction of Statistician or employee of Statistics New Zealand
85
Impersonation of Statistician or employee of Statistics New Zealand
86
Deceiving Statistician or employee of Statistics New Zealand
87
Penalties for non-compliance with condition imposed under
section 46
Infringement offences
88
Infringement offence for failing to provide data
89
Infringement offence for failing to obtain request for data in census
Part 7
General and miscellaneous provisions
Subpart 1—General provisions
90
Statistician may set standards
91
Engagement with Māori on standards
91A
Consultation on standards
92
Restrictions on delegation by chief executive of public sector agency of certain powers under Act
93
Annual report
94
Data is privileged
94A
Authorisation by organisation
95
Time for filing charging document
96
Evidence in proceedings for offences
97
Obligation continues even if data not provided by particular date
98
Proof of signature of Statistician and certain other persons
99
Regulations
Subpart 2—Amendments to enactments, repeals, and revocations
100
Repeal
Amendment to Official Information Act 1982
101
Principal Act
102
Section 2 amended (Interpretation)
Amendment to Summary Proceedings Act 1957
103
Principal Act
104
Section 2 amended (Interpretation)
Other amendments and revocation
105
Other amendments and revocation
Schedule 1
Transitional, savings, and related provisions
Schedule 2
Amendments to Acts relating to provision of data to Statistician
Schedule 3
Amendments relating to references to products published by Statistics New Zealand
Schedule 4
Consequential amendments to legislation
Legislative history
The Parliament of New Zealand enacts as follows: