Financial Market Infrastructures Bill

139 Disclosure of information by RBNZ or FMA to other persons

(1)

This section applies to the following:

(a)

information provided to the RBNZ, the FMA, or both of them, 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 or the FMA may publish or disclose any information to which this section applies only if—

(a)

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

(b)

the information is in a statistical or summary form; or

(c)

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

(f)

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

(g)

in the case of the FMA, the disclosure is made in accordance with section 59 of the Financial Markets Authority Act 2011.

(3)

Neither the RBNZ nor the FMA mayThe RBNZ must not 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).

(4)

A director, an officer, a member, or an employee of the RBNZ or the FMA must not 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 or the Financial Markets Authority Act 2011, requires the RBNZ, the FMA, or any person to whom information has been disclosed under this section to make that information available to any other person.

(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.