Financial Market Infrastructures Bill

  • enacted
139 Disclosure of information by RBNZ to other persons

(1)

This section applies to the following:

(a)

information provided to the RBNZ under this Act:

(b)

information derived from or based on information referred to in paragraph (a):

(c)

information relating to the exercise, or possible exercise, of the powers conferred by this Act.

(2)

The RBNZ may publish or disclose any information to which this section applies only if—

(a)

the information is available to the public under an enactment (other than the Official Information Act 1982) or is otherwise publicly available information; or

(b)

the information is in a statistical or summary form; or

(c)

the disclosure publication or disclosure is for the purposes of, or in connection with, a person’s functions under this Act or the functions of the RBNZ or the FMA under any other enactment; or

(d)

the disclosure publication or disclosure is to a central bank, authority, or body in any jurisdiction whose functions correspond with, or are similar to, the regulator’s functions under this Act, and the RBNZ is satisfied that the information will be used by that central bank, authority, or body for the purposes of, or in connection with, those corresponding or similar functions; or

(e)

the disclosure publication or disclosure is to a person who the RBNZ is satisfied has a proper interest in receiving the information; or

(f)

the disclosure publication or disclosure is with the consent of the person to whom the information relates or of the person to whom the information is confidential.

(3)

The RBNZ must not disclose publish or disclose information under subsection (2)(d) or (e) unless satisfied that satisfactory provision exists to protect the confidentiality of the information (in particular, information that is personal information as defined in section 2(1) of the Privacy Act 1993 section 7(1) of the Privacy Act 2020).

(4)

A director, an officer, a member, or an employee of the RBNZ must not disclose publish or disclose any information to which this section applies except for the purposes of, or in connection with, a person’s functions under this Act or the functions of the RBNZ or the FMA under any other enactment.

(5)

Nothing in any enactment, other than this Act or the Official Information Act 1982, requires the RBNZ or any person to whom information has been disclosed published or disclosed under this section to make that information available to any other person.

(5A)

The RBNZ may make information to which this section applies available under the Official Information Act 1982 only if 1 or more grounds under subsection (2) apply.

(6)

See sections 59 and 60 of the Financial Markets Authority Act 2011, which relate to the confidentiality of information supplied or disclosed to, or obtained by, the FMA.