New Zealand Legislation: Bills

10 Access to information relevant to safeguard investigation and treatment of confidential information

• (1) All interested persons are entitled to access all information relevant to a safeguard investigation, except for—

  • (a) confidential information (unless the submitter of the confidential information consents to the confidential information being made available); or

  • (b) other information that the chief executive considers should be withheld under the Official Information Act 1982.

  (2) The chief executive may request a submitter of information to provide to the chief executive—

  • (a) a summary, for access by all interested persons, of confidential information or other information that the chief executive considers should be withheld under the Official Information Act 1982; or

  • (b) reasons why such a summary cannot be provided.

  (3) If no document is provided after a request under subsection (2), or if the chief executive is not satisfied with such a document, the chief executive may disregard the relevant information.

  (4) For the purposes of this section, confidential information means information about which the submitter of the information has shown a good reason for the chief executive to believe 1 or more of the following:

  • (a) making the information available would give a significant competitive advantage to a competitor of the submitter of confidential information:

  • (b) making the information available would have a significantly adverse effect upon the submitter of confidential information:

  • (c) the information should be treated as confidential for reasons other than the reasons described in paragraph (a) or (b).

  Compare: 1987 No 88 s 5(4)–(8)