21 Declaration of secrecy

(1)

Every employee of the department, before entering on his duties, shall take and subscribe a statutory declaration in the following form:

I, [name], solemnly and sincerely declare that I will faithfully and honestly fulfil my duties as an employee of Statistics New Zealand in conformity with the requirements of the Statistics Act 1975 and of all regulations thereunder, and that any information acquired by me as an employee of that department will,—

(a)

during my employment in that department, be disclosed by me only in accordance with my official duty; and

(b)

after I cease to be an employee of that department, be disclosed by me only with the authority of the department.””

(2)

Any employee of any government department, if engaged in the collection and processing of official statistics, and if the information so collected is primarily for statistical purposes and the respondent has been so informed shall, subject to agreement with an appropriate officer of the department concerned, if required to do so by the Statistician, make a similar statutory declaration of secrecy, regardless of whether he has made a declaration of secrecy under any other Act.

(2A)

An employee in the department responsible for the administration of the Public Records Act 2005 who has access to public records that are subject to the restriction of section 37(2) must, if required to do so by the Statistician, make a similar declaration of secrecy, whether or not that person has made a declaration of secrecy under any other Act.

(3)

An employee who has made a statutory declaration of secrecy under subsection (2) of this section or subsection (2)(b) of section 37C shall be deemed to be an employee of the department for the purposes of—

(a)

subsection (1) of this section; and

(b)

subsections (2) and (3) of section 37.

(3A)

In respect of subsections (2) and (3) of section 37, subsection (3) of this section shall relate only to the statistical collections with which the employee is associated.

(3B)

Every independent contractor engaged by the department under any contract (other than a contract of employment), and every employee of any such independent contractor, who is likely, in the course of carrying out the terms of that contract, to have access to information collected under the authority of this Act shall, if required to do so by the Statistician, make a statutory declaration of secrecy similar to the declaration of secrecy prescribed by subsection (1), regardless of whether that independent contractor or employee has made a declaration of secrecy under any other Act.

(3C)

A person who has made a statutory declaration of secrecy under subsection (3B) shall be deemed to be an employee of the department for the purposes of—

(a)

subsection (1) of this section; and

(b)

subsections (2) and (3) of section 37.

(4)

A statutory declaration for the purposes of this section may be made before any person authorised for that purpose by or under the Oaths and Declarations Act 1957 or before any other person authorised for that purpose by the Statistician; and the provisions of that Act shall apply in relation to any such declaration as if any person so authorised by the Statistician were so authorised by that Act.

(5)

Every statutory declaration that is made for the purposes of this section shall be returned and recorded in such manner as the Statistician determines.

Section 21(1): replaced, on 1 July 1983, by section 2 of the Statistics Amendment Act (No 2) 1982 (1982 No 163).

Section 21(1): amended, on 15 December 1994, by section 2(4)(b) of the Statistics Amendment Act 1994 (1994 No 159).

Section 21(2A): inserted, on 21 April 2005, by section 67(1) of the Public Records Act 2005 (2005 No 40).

Section 21(2A): amended, on 1 February 2011, by section 19 of the Public Records Amendment Act (No 2) 2010 (2010 No 133).

Section 21(3): replaced, on 6 November 1986, by section 2 of the Statistics Amendment Act 1986 (1986 No 110).

Section 21(3A): inserted, on 6 November 1986, by section 2 of the Statistics Amendment Act 1986 (1986 No 110).

Section 21(3B): inserted, on 16 December 1988, by section 2 of the Statistics Amendment Act 1988 (1988 No 213).

Section 21(3C): inserted, on 16 December 1988, by section 2 of the Statistics Amendment Act 1988 (1988 No 213).