188 Disclosure of information

(1)

This section applies to—

(a)

any person, being a Standards Committee or a person who holds, or has held, office as a member of a Standards Committee:

(b)

any person to whom any of the functions and powers of a Standards Committee are, or have been, delegated under this Act:

(c)

any person who holds, or has held, office as an investigator:

(d)

any person, being a person or body that is employed or has been employed under section 147(2)(c):

(e)

any person, being an employee or former employee or officer or former officer of a person or body that is employed or has been employed under section 147(2)(c).

(2)

No person to whom this section applies may communicate any matter that came to the knowledge of that person or the employer of that person in the course of the exercise by that person, or the employer of that person, of powers conferred by this Act on that person, or the employer of that person, in relation to any complaint made, or inquiry or investigation conducted, under this Act except—

(a)

for the purposes of the inquiry or investigation; or

(b)

in the course of any report to a Standards Committee; or

(c)

in accordance with a direction for publication given under section 142(2) by a Standards Committee; or

(d)

in evidence in any proceedings before—

(i)

a Standards Committee; or

(ii)

the Legal Complaints Review Officer; or

(iii)

the Disciplinary Tribunal; or

(iv)

the Disciplinary Tribunal of the New Zealand Institute of Chartered Accountants or a disciplinary tribunal, committee, or other body of any other accredited body (within the meaning of section 6(1) of the Auditor Regulation Act 2011); or

(e)

to a Police employee or member of the Serious Fraud Office acting in the performance of his or her duty; or

(f)

to any person who—

(i)

holds office under section 109 as a person appointed to examine the accounts of lawyers or firms of lawyers or incorporated law firms or as a person appointed to examine the accounts of conveyancing practitioners or firms of conveyancing practitioners or incorporated conveyancing firms; and

(ii)

is acting in the performance of his or her duty under section 109; or

(g)

to the Registrar-General of Land for the purpose of enabling the Registrar-General of Land to discharge his or her duties under the Land Transfer Act 1952 or any other enactment; or

(h)

in evidence in any court.

Compare: 1982 No 123 s 85(6)

Section 188(2)(d)(iv): amended, on 1 July 2015, by section 17 of the Financial Reporting Amendment Act 2014 (2014 No 64).

Section 188(2)(d)(iv): amended, on 7 July 2010, by section 10 of the New Zealand Institute of Chartered Accountants Amendment Act 2010 (2010 No 74).

Section 188(2)(e): amended, on 1 October 2008, by section 130(1) of the Policing Act 2008 (2008 No 72).