109A Confidentiality of information and documents

(1)

This section applies if the Agency obtains information or gains access to a document when performing or exercising any function, power, or duty under this Act or any other land transport Act.

(2)

The Agency may publish or disclose, or direct any person to publish or disclose, any information or document to which this section applies only if—

(a)

publishing or disclosing the information or document is for the purposes of, or in connection with, the Agency performing or exercising a function, power, or duty under this Act or any other Act; or

(b)

the information or document is available to the public under any enactment or is otherwise publicly available; or

(c)

the information is in a statistical or summary form; or

(d)

the person to whom the information or document relates, or to whom the information or document is confidential, consents; or

(e)

the Agency is required or authorised by law to do so (including by a court order); or

(f)

publishing or disclosing the information or document is—

(i)

in accordance with section 109B; or

(ii)

to a person who the Agency is satisfied has a proper interest in receiving the information or document.

(3)

The Agency must not publish or disclose, or direct a person to publish or disclose, any information or document to a person under subsection (2)(f)(ii) unless the Agency is satisfied that appropriate protections are or will be in place for the purpose of maintaining the confidentiality of the information or document (in particular, information that is personal information within the meaning of the Privacy Act 2020).

(4)

In relation to personal information, this section applies subject to the Privacy Act 2020.

(5)

To avoid doubt, in this section and section 109B, Agency includes, for example,—

(a)

the Director or any other statutory officer who carries out work for the Agency; and

(b)

the Agency acting in any capacity.

Section 109A: inserted, on 1 September 2020, by section 21 of the Land Transport (NZTA) Legislation Amendment Act 2020 (2020 No 48).

Section 109A(3): amended, on 1 April 2021, by section 57(8) of the Regulatory Systems (Transport) Amendment Act 2021 (2021 No 9).

Section 109A(4): amended, on 1 April 2021, by section 57(8) of the Regulatory Systems (Transport) Amendment Act 2021 (2021 No 9).

Section 109A(5)(a): amended, on 1 April 2021, by section 175(1) of the Land Transport (NZTA) Legislation Amendment Act 2020 (2020 No 48).