Data and Statistics Bill

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Hon Dr David Clark

Data and Statistics Bill

Government Bill

81—2

	Commentary
	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 ~~the~~ 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 ~~and amendment~~ 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 ~~where~~ 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	~~Consultation on census~~
36	~~Engagement with Māori on census~~
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 ~~documents~~ 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 ~~provide written~~ set standards
91	Engagement with Māori on ~~written~~ 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 ~~time~~ 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

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