142C Access, use, or disclosure
Publicly available information

(1)

For information in the biosecurity database that is publicly available, the Director-General may—

(a)

access, use, or disclose it for any lawful purpose:

(b)

authorise other persons to access and use it for any lawful purpose.

Information that is not publicly available

(2)

For information in the biosecurity database that is not publicly available, the only rights that the Director-General has are—

(a)

to access, use, or disclose it for the purposes of this Act:

(b)

to authorise other persons to access and use it for the purposes of this Act:

(c)

to access, use, or disclose it as required by any other enactment, except the Official Information Act 1982:

(d)

to authorise other persons to access and use it as required by any other enactment, except the Official Information Act 1982:

(e)

to access, use, or disclose it in accordance with a permission of a kind described in subsection (4) or (5):

(f)

to authorise other persons to access and use it in accordance with a permission of a kind described in subsection (4) or (5):

(g)

to access, use, or disclose it for statistical or research purposes, provided that the information accessed, used, or disclosed—

(i)

does not identify any person; and

(ii)

is not published in any form that could reasonably be expected to identify any person:

(h)

to authorise other persons to access and use it for statistical or research purposes, provided that the information used—

(i)

does not identify any person; and

(ii)

is not published in any form that could reasonably be expected to identify any person.

(3)

The references to the Official Information Act 1982 (OIA) in subsection (2)(c) and (d) mean that the OIA cannot be used to access information in the biosecurity database, whether or not the OIA can be used to access the same information from another source.

(4)

For information in the biosecurity database that is not publicly available, the person to whom the information relates or the person’s agent may give written permission for access to it and use and disclosure of it for a purpose specified in the permission.

(5)

For information in the biosecurity database that is not publicly available, the person to whom the information relates or the person’s agent may give an oral permission to which the following apply:

(a)

it must be for 1 or all of access to the information, use of the information, or disclosure of the information; and

(b)

it must state the purpose for which the person permits the access, use, or disclosure; and

(c)

it may be withdrawn at any time; and

(d)

it may be relied on only for as long as—

(i)

the Ministry has a written record of it; and

(ii)

it has not been withdrawn.

Register of relevant enactments

(6)

The Director-General must—

(a)

establish and maintain a register that lists all enactments of the following kinds:

(i)

an enactment containing a provision expressly allowing access to, use of, or disclosure of information in the biosecurity database:

(ii)

an enactment containing a provision under which the Director-General may make an agreement allowing a person access to, use of, or disclosure of information in the biosecurity database:

(iii)

an enactment containing a provision under which the Director-General has made an agreement allowing a person access to, use of, or disclosure of information in the biosecurity database; and

(b)

ensure that the register is available on an Internet site maintained by or on behalf of the Ministry.

Meaning of publicly available

(7)

In this section and section 142A(5)(a), information that is publicly available means information that—

(a)

comes directly or indirectly from a source that is, or was at the time of collection, available to the public; or

(b)

the Director-General believes on reasonable grounds is available to the public.

Section 142C: inserted, on 18 September 2012, by section 59 of the Biosecurity Law Reform Act 2012 (2012 No 73).

Section 142C(1) heading: replaced, on 26 March 2015, by section 7(1) of the Biosecurity Amendment Act 2015 (2015 No 8).

Section 142C(1): amended, on 26 March 2015, by section 7(2) of the Biosecurity Amendment Act 2015 (2015 No 8).

Section 142C(2) heading: replaced, on 26 March 2015, by section 7(3) of the Biosecurity Amendment Act 2015 (2015 No 8).

Section 142C(2): amended, on 26 March 2015, by section 7(4) of the Biosecurity Amendment Act 2015 (2015 No 8).

Section 142C(2)(g): inserted, on 26 March 2015, by section 7(5) of the Biosecurity Amendment Act 2015 (2015 No 8).

Section 142C(2)(h): inserted, on 26 March 2015, by section 7(5) of the Biosecurity Amendment Act 2015 (2015 No 8).

Section 142C(4): amended, on 26 March 2015, by section 7(4) of the Biosecurity Amendment Act 2015 (2015 No 8).

Section 142C(5): amended, on 26 March 2015, by section 7(4) of the Biosecurity Amendment Act 2015 (2015 No 8).

Section 142C(7) heading: inserted, on 26 March 2015, by section 7(6) of the Biosecurity Amendment Act 2015 (2015 No 8).

Section 142C(7): inserted, on 26 March 2015, by section 7(6) of the Biosecurity Amendment Act 2015 (2015 No 8).