116 Commissioner and staff to maintain secrecy

(1)

Every person to whom section 96 applies shall maintain secrecy in respect of all matters that come to that person’s knowledge in the exercise of that person’s functions under this Act.

(2)

Notwithstanding anything in subsection (1), the Commissioner may disclose such matters as in the Commissioner’s opinion ought to be disclosed for the purposes of giving effect to this Act.

(3)

Except where it is necessary to do so for the purposes of referring a matter to the Director of Human Rights Proceedings pursuant to section 77(2), the power conferred by subsection (2) of this section shall not extend to—

(a)

any matter that might prejudice—

(i)

the security, defence, or international relations of New Zealand (including New Zealand’s relations with the Government of any other country or with any international organisation); or

(ii)

any interest protected by section 7 of the Official Information Act 1982; or

(iii)

the prevention, investigation, or detection of offences; or

(b)

any matter that might involve the disclosure of the deliberations of Cabinet; or

(c)

any information, answer, document, or thing obtained by the Commissioner by reason only of compliance with a requirement made pursuant to section 95(1).

Compare: 1975 No 9 s 21(2), (4), (5); 1987 No 8 s 24(2); 1991 No 126 s 30

Section 116(3): amended, on 22 October 2003, by section 6 of the Privacy Amendment Act 2003 (2003 No 94).