New Zealand Legislation: Acts

22 Commissioner and staff must maintain secrecy

• (1) The Commissioner and every employee of the Commissioner must maintain secrecy in respect of all matters that come to the knowledge of the Commissioner or the employee in the course of any investigation.

  (2) Despite anything in subsection (1), the Commissioner or any employee of the Commissioner acting with the authority of the Commissioner may disclose any matter that, in the Commissioner's opinion, ought to be disclosed for the purposes of giving effect to—

  • (a) this Act; or

  • (b) the Commissioner's obligations under any other enactment; or

  • (c) information privacy principle 6 of the Privacy Act 1993.

  (3) The power conferred by subsection (2)(a) does 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 maintenance of the law, including 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, paper, or thing obtained by the Commissioner by reason only of compliance with a requirement made under section 20(1).

  (4) The power conferred by subsection (2)(c) is subject to sections 27 to 29 of the Privacy Act 1993.

  Compare: 1993 No 28 s 116