Civil Aviation Bill

Disclosure or publication of information by CAA

456 Disclosure or publication of information

(1)

This section applies if the the CAA obtains information or gains access to a document in performing or exercising any function, duty, or power under civil aviation legislation.

(2)

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

(a)

the publication or disclosure of the information or document is for the purpose of promoting any of the main or additional purposes of this Act, and the CAA or the person ensures that the information does not identify, and could not reasonably be expected to identify, any particular person; or

(b)

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

(c)

the information is in a statistical or summary form; or

(d)

the publication or disclosure of the information or document is—

(i)

for the purposes of, or in connection with, the performance or exercise of any function, duty, or power conferred or imposed on the CAA or the Director under this Act or any other Act; or

(ii)

to—

(A)

a regulatory agency or an overseas agency in accordance with section 457; or

(B)

TAIC in accordance with section 50; or

(iii)

to a person who the CAA is satisfied has a proper interest in receiving the information or document; or

(iv)

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

(v)

required or authorised by law or an order of a court; or

(vi)

required to meet New Zealand’s obligations in relation to reporting of an accident involving aircraft, or a serious incident in accordance with the provisions of the Convention.

(3)

The person must not publish or disclose, or direct a person to publish or disclose, any information or document under subsection (2)(d)(iii) unless the person 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).