Immigration Act 1987

  • repealed
  • Immigration Act 1987: repealed, at 2 am on 29 November 2010, by section 404 of the Immigration Act 2009 (2009 No 51).
141AA Disclosure of information overseas
  • (1) The chief executive may disclose any information specified in section 141AB(1) to an overseas agency, body, or person, whose functions include—

    • (a) the prevention, detection, investigation, prosecution, or punishment of immigration or other offences; or

    • (b) the processing of international passengers; or

    • (c) border security.

    (2) The disclosure of information under subsection (1) must be—

    • (a) in accordance with an agreement between the chief executive and the agency, body, or person concerned that complies with subsections (3) and (4); or

    • (b) in accordance with subsection (8).

    (3) The chief executive must not enter into an agreement for the purposes of subsection (2)(a) unless satisfied that it is justified to help prevent, identify, or respond to violations of New Zealand law or—

    • (a) in the case of an agreement with an international agency or body, to help prevent, identify, or respond to actions of a kind whose prevention or identification, or responding to which, is among the functions of the agency or body:

    • (b) in any other case, to help prevent, identify, or respond to violations of the law of the state concerned.

    (4) For the purposes of subsection (2)(a), an agreement—

    • (a) must be in writing; and

    • (b) must state criteria for the disclosure of information under it; and

    • (c) must state, in respect of information to be disclosed,—

      • (i) the use the agency, body, or person may make of it; and

      • (ii) either—

        • (A) that the agency, body, or person must not disclose it to any other agency, body, or person; or

        • (B) the other agencies, bodies, or persons to which the agency, body, or person may disclose any of it, and the extent to which and conditions subject to which the agency, body, or person may do so; and

    • (d) may state—

      • (i) the form in which information may be disclosed:

      • (ii) the method by which information may be disclosed; and

    • (e) may be varied from time to time.

    (5) The chief executive—

    • (a) must consult the Privacy Commissioner before entering into an agreement under this section, or varying such an agreement; and

    • (b) if the Privacy Commissioner so requires, must undertake a review of the agreement under this section, and the arrangements for disclosure under it; and

    • (c) as soon as practicable after conducting a review required to be undertaken under paragraph (b), must report the result to the Privacy Commissioner.

    (6) The Privacy Commissioner must not require the chief executive to undertake a review of an agreement under subsection (5)(b) within 12 months of last doing so.

    (7) This section does not limit the general powers of the chief executive to enter into agreements not related to the disclosure of information with any overseas agency, body, or person.

    (8) The chief executive may disclose information to an overseas agency, body, or person if—

    • (a) the functions of the agency, body, or person include the prevention, detection, investigation, prosecution, or punishment of immigration or other offences; and

    • (b) the information is disclosed subject to conditions stating—

      • (i) the use the agency, body, or person may make of it; and

      • (ii) either—

        • (A) that the agency, body or person must not disclose it to any other agency, body or person; or

        • (B) the other agencies, bodies, or persons to which the agency, body, or person may disclose any of it, and the extent to which and conditions subject to which the agency, body, or person may do so; and

    • (c) the chief executive makes and keeps a record of—

      • (i) the information that was disclosed; and

      • (ii) the agency, body, or person to which it was disclosed; and

      • (iii) the conditions subject to which it was disclosed.

    (9) The chief executive must not disclose any information under subsection (8) unless satisfied that it relates to a suspected violation of New Zealand law or,—

    • (a) in the case of disclosure to an international agency or body, to a suspected action of a kind whose prevention or identification, or responding to which, is among the functions of the agency or body:

    • (b) in any other case, to a suspected violation of the law of the state concerned.

    Section 141AA: inserted, on 18 June 2002, by section 14 of the Immigration Amendment Act 2002 (2002 No 22).