Immigration Advisers Licensing Act 2007

92 Disclosure of personal information overseas
  • (1) The Registrar may disclose any personal information specified in subsection (10) to an overseas or international agency, body, or person whose functions include the regulation of immigration advisers.

    (2) The disclosure of personal information under subsection (1) must be—

    • (a) in accordance with an agreement between the Registrar and the agency, body, or person concerned that complies with subsections (3) and (4); or

    • (b) in accordance with subsection (8).

    (3) The Registrar must not enter into an agreement under subsection (2)(a) unless satisfied that its purpose is to help the Authority carry out its functions under this Act, or to help the person, agency, or body carry out its functions relating to—

    • (a) the registration or regulation of immigration advisers; or

    • (b) the taking of any investigative, disciplinary, or enforcement action against immigration advisers.

    (4) An agreement under subsection (2)(a)—

    • (a) must be in writing; and

    • (b) must state the purpose of the agreement; and

    • (c) must state the personal information that can be disclosed; and

    • (d) must state, in respect of personal information to be disclosed, the use the agency, body, or person may make of it and either—

      • (i) that the agency, body, or person must not disclose it to any other agency, body, or person; or

      • (ii) the other agencies, bodies, or persons to which the agency, body, or person may disclose any of it, and the extent to which and conditions subject to which the agency, body, or person may do so; and

    • (e) may state—

      • (i) the form in which personal information may be disclosed:

      • (ii) the method by which personal information may be disclosed; and

    • (f) may be varied from time to time.

    (5) The Registrar—

    • (a) must consult the Privacy Commissioner before entering into an agreement under this section, or varying such an agreement; and

    • (b) must provide the Privacy Commissioner with a copy of any agreement or variation promptly after it has been entered into; and

    • (c) if the Privacy Commissioner so requires, must undertake a review of the agreement under this section, and the arrangements for disclosure under it; and

    • (d) as soon as practicable after conducting a review required to be undertaken under paragraph (c), must report the result to the Privacy Commissioner.

    (6) The Privacy Commissioner must not require the Registrar to undertake a review of an agreement under subsection (5)(c) within 12 months of last doing so.

    (7) This section does not limit the general powers of the Registrar or the Authority to enter into agreements not related to the disclosure of personal information with any overseas agency, body, or person.

    (8) The Registrar may disclose personal information to an overseas agency, body, or person without a written agreement under subsection (2)(a) if—

    • (a) the functions of the agency, body, or person include the regulation of immigration advisers; and

    • (b) the personal information is disclosed subject to conditions stating the use the agency, body, or person may make of it and either—

      • (i) that the agency, body, or person must not disclose it to any other agency, body or person; or

      • (ii) the other agencies, bodies, or persons to which the agency, body, or person may disclose any of it, and the extent to which and conditions subject to which the agency, body, or person may do so; and

    • (c) the Registrar makes and keeps record of—

      • (i) the personal information that was disclosed; and

      • (ii) the agency, body, or person to which it was disclosed; and

      • (iii) the conditions subject to which it was disclosed.

    (9) The Registrar must not disclose any personal information under subsection (8) unless satisfied that it relates to—

    • (a) any application, request, or other action taken by the person to whom the personal information relates, to undertake functions or be formally recognised as an immigration adviser; or

    • (b) any investigation, or any disciplinary or enforcement action that is proposed to be taken, or being taken, by the agency, body, or person in relation to the person to whom the personal information relates (where that investigation or that disciplinary or enforcement action relates to the person's actions or alleged actions as an immigration adviser).

    (10) The personal information that may be disclosed under this section is—

    • (a) whether a person is licensed, or has applied to be licensed, as an immigration adviser:

    • (b) if a person is licensed, whether the person has been granted a full licence, a limited licence, or a provisional licence, and the details of the licence:

    • (c) if a person is not licensed—

      • (i) whether the person is prohibited from being licensed and the reason for any such prohibition:

      • (ii) whether the person is restricted from being licensed and the reasons for such restriction:

      • (iii) information about matters otherwise relevant to the person's fitness for licensing in New Zealand:

    • (d) whether the person has been, or is currently, subject to an inspection by the Registrar:

    • (e) if the person has been, or is currently, subject to an inspection by the Registrar,—

      • (i) the reason for the inspection; and

      • (ii) the results of the inspection, if completed:

    • (f) the details of any disciplinary proceedings taken or being taken against the person, and any disciplinary sanctions imposed on the person:

    • (g) the details of any convictions against the person (whether under this Act or any other enactment).

    (11) In this section,—

    immigration adviser means a person who provides, or purports to provide (whether lawfully or unlawfully), immigration advice, whether or not that advice concerns an immigration matter under New Zealand law and whether or not relating to New Zealand

    personal information means information about an identifiable person.