95 Disclosures of information, etc

(1)

Subject to subsection (2) and to section 94, any person who is bound by the provisions of any enactment to maintain secrecy in relation to, or not to disclose, any matter may be required to supply any information to, or answer any question put by, the Commissioner in relation to that matter, or to produce to the Commissioner any document or thing relating to it, notwithstanding that compliance with that requirement would otherwise be in breach of the obligation of secrecy or non-disclosure.

(2)

Compliance with a requirement of the Commissioner (being a requirement made pursuant to subsection (1)) is not a breach of the relevant obligation of secrecy or non-disclosure or of the enactment by which that obligation is imposed.

(3)

Where—

(a)

the Prime Minister certifies that the giving of any information, or the production of any document or thing, might prejudice—

(i)

the security or defence of New Zealand, or the international relations of the Government of New Zealand; or

(ii)

any interest protected by section 7 of the Official Information Act 1982 (which relates to the Cook Islands, Niue, Tokelau, and the Ross Dependency); or

(b)

the Attorney-General certifies that the giving of any information, or the production of any document or thing,—

(i)

might prejudice the prevention, investigation, or detection of offences; or

(ii)

might involve the disclosure of proceedings of Cabinet, or any committee of Cabinet, relating to matters of a secret or confidential nature, and such disclosure would be injurious to the public interest,—

neither the Commissioner nor any employee of the Commissioner shall require the information to be given or, as the case may be, the document or thing to be produced.

Compare: 1975 No 9 ss 19(3), (4), 20(1); 1977 No 49 s 74; 1987 No 8 s 24(1); 1991 No 126 ss 26(2), (3), 27