Data and Statistics Bill

Hon Dr David Clark

Data and Statistics Bill

Government Bill

81—1

Contents

Explanatory note
1Title
2Commencement
3Purpose
4Te Tiriti o Waitangi/Treaty of Waitangi
5Overview
6Interpretation
7Meaning of public sector agency
8Transitional, savings, and related provisions
9Act binds the Crown
10Statistics New Zealand
11Functions and powers of Minister
12Government Statistician
13Functions of Statistician
14Duties of Statistician relating to Tiriti o Waitangi/Treaty of Waitangi
15Principles of engagement by the Statistician with Māori
16Independence of Statistician
17Delegation of functions or powers of Statistician
18Multi-year data and statistical programme
19Engagement with Māori on multi-year data and statistical programme
20Consultation on draft multi-year data and statistical programme
21Review and amendment of multi-year data and statistical programme
22Collecting data
23Statistician may request data from individual, public sector agency, or organisation
24Joint collections
25Statistician may authorise public sector agency to request data
26Public sector agency authorised under section 25 may request data
27Matters to be specified in request
28Certain requests for data require approval by Minister
29Obligation to comply with request
30Authority to provide data voluntarily in response to request
31Conditions not to be imposed in response to request
32Authority to provide data by agreement with Statistician without request
33Circumstances where data may be collected as described in section 22(c)(i) subject to access conditions
34Census of population and dwellings
35Consultation on census
36Engagement with Māori on census
37Review after each census
38Duty to obtain details regarding request for data in census
39Statistician authorised to publish or otherwise disclose certain data
40When Statistician may disclose identifying data to individual, public sector agency, or organisation
41Disclosure of historical documents
42Certificate of confidentiality
43Matters on which official statistics may be produced
44Minister may direct Statistician to produce or cease production of statistics on matter
45Obligations of public sector agencies
46Statistician may make official statistics available subject to temporary conditions relating to broadcast, publication, or other disclosure
47Use of data provided by individual or organisation as described in section 22(c)(i)
48When Statistician may authorise access to data for research
49Statistician must be satisfied research is in public interest
50Statistician must be satisfied individual, public sector agency, or organisation seeking access to data is appropriate researcher
51Statistician must be satisfied access to data is subject to appropriate measures to protect privacy, confidentiality, and security of data
52Additional consideration if overseas person seeking access to data
53Statistician must publish information about access to data under this subpart
54Researcher obligations in relation to data accessed for research
55Statistician may determine that certain public sector agencies may authorise access for research in accordance with this Part
56Effect of determination under section 55
57Power of entry and inspection
58Search warrant
59Data obtained using power of entry treated as data obtained under Act
60Interpretation
61Power to issue compliance notice
62Content
63Service of compliance notice
64Compliance
65Authorised person may amend or cancel compliance notice
66Review of compliance notice
67How review must be conducted
68Interpretation
69Infringement offences
70When infringement notice may be issued
71Revocation of infringement notice before payment made
72What infringement notice must contain
73How infringement notice may be served
74Payment of infringement fees
75Reminder notices
76Failing or refusing to provide data
77False or misleading statement
78Breach of certificate of confidentiality
79Wrongfully obtaining data while performing duty or function or exercising power under Act
80Acting contrary to obligations under section 54
81Giving or obtaining unauthorised access to data
82Penalties for non-compliance with compliance notice
83Mutilation or defacement, etc, of data or request
84Obstruction of Statistician or employee of Statistics New Zealand
85Impersonation of Statistician or employee of Statistics New Zealand
86Deceiving Statistician or employee of Statistics New Zealand
87Penalties for non-compliance with condition imposed under section 46
88Infringement offence for failing to provide data
89Infringement offence for failing to obtain request for data in census
90Statistician may provide written standards
91Engagement with Māori on written standards
92Restrictions on delegation by chief executive of public sector agency of certain powers under Act
93Annual report
94Data is privileged
95Time for filing charging document
96Evidence in proceedings for offences
97Obligation continues even if data not provided by particular time
98Proof of signature of Statistician and certain other persons
99Regulations
100Repeal
101Principal Act
102Section 2 amended (Interpretation)
103Principal Act
104Section 2 amended (Interpretation)
105Other amendments and revocation

The Parliament of New Zealand enacts as follows: