Data and Statistics Bill

Data and Statistics Bill

Government Bill

81—1

Explanatory note

General policy statement

Data and statistics, and the insights generated from them, are critical to effective democracy, decision making, and accountability. Data and statistics inform public policy decisions, resource allocation, and service design and delivery. They are relied on to guide decisions made by individuals, families, communities, iwi and Māori organisations, businesses, local government, and other organisations.

This Bill repeals the Statistics Act 1975 (the 1975 Act) and replaces it with a new Data and Statistics Act. The Bill is informed by a review of statistics legislation and public consultation on high-level proposals for new data and statistics legislation.

The 1975 Act constrains the ability to create efficiencies through using existing government-held data, and fails to drive a system-wide approach to addressing data gaps and improving data quality. The Government Statistician has limited tools to identify and prioritise data and statistics across government.

The 1975 Act was designed for a largely paper-based environment and has not kept pace with modern legislation or data development. The Act—

  • does not have the flexibility to respond to advances in digital and data technology and changing data needs and sources; and

  • is silent on the Māori–Crown relationship and the responsibility of the Crown to meet its obligations under te Tiriti o Waitangi/the Treaty of Waitangi.

It can take time and effort to determine what is and is not permissible under the 1975 Act, resulting in a gradual erosion of system integrity and resilience. This increases the likelihood of failure in the system and significant loss of trust and confidence, domestically and internationally.

In order to address these issues, the Bill does the following things:

  • recognises the Crown’s responsibility to consider and provide for Māori interests in data and statistics; and

  • enables more effective system leadership; and

  • strengthens and future-proofs the framework for collecting data for official statistics; and

  • modernises the framework for accessing data for research; and

  • continues to provide appropriate safeguards and protections to ensure public trust and confidence in the collection and use of data for official statistics and research.

The Bill also amends a number of Acts to—

  • remove barriers to the provision of data to Statistics New Zealand (Stats NZ); and

  • provide for equivalent Stats NZ products to be used where specified products are substituted or discontinued.

Recognise the Crown’s responsibility to consider and provide for Māori interests in data and statistics

The 1975 Act is silent on te Tiriti o Waitangi/the Treaty of Waitangi and the Māori–Crown relationship. The Bill recognises and respects the Crown’s responsibility to give effect to te Tiriti o Waitangi/the Treaty of Waitangi by recognising the interests of Māori (including iwi and hapū)—

  • in the collection of data, the production of statistics, and access to and use of data for research as tools for furthering Māori economic, social, cultural, and environmental well-being; and

  • in the way in which data is collected, managed and used for the production of official statistics and research.

The Bill includes principles for engaging with Māori including that it must be early and meaningful, should include early discussion of the most effective ways of engaging, and should include consideration of opportunities for partnering.

The Bill places duties on the Government Statistician to—

  • recognise and respect the Crown’s responsibility to give effect to te Tiriti o Waitangi/the Treaty of Waitangi by recognising the interests of Māori when performing their functions under this Act; and

  • build and maintain Stats NZ’s capability and capacity to—

    • understand te Tiriti o Waitangi/the Treaty of Waitangi and the perspectives of Māori; and

    • engage with Māori about collecting data, producing official statistics, and using data for research; and

  • foster the capability and capacity of Māori to collect and use data for statistics and research, and engage with the Government Statistician; and

  • engage with Māori—

    • when preparing the multi-year data and statistics work programme; and

    • before determining how the census of population and dwellings will be taken and what data will be collected; and

    • before providing written standards.

The criteria and requirements to be used by the Government Statistician when authorising access to data for research are designed to reflect Māori interests in the use of data for research.

Enable more effective system leadership and co-ordination

The 1975 Act recognises the need for, but does not adequately provide for, co-ordination and management of the system across government. Its narrow focus on collecting data via statistical surveys has resulted in insufficient tools for ensuring the supply and quality of administrative data used for producing official statistics.

The Minister of Statistics will continue to have responsibility for specifying data and statistical priorities, approving a multi-year data and statistical programme, and making decisions about what statistics must be produced. The Government Statistician will continue to co-ordinate and ensure best practice across the system, but with additional leadership functions, including establishing and maintaining a multi-year data and statistical programme.

The Bill places new statutory obligations on public sector agencies, including to—

  • follow any applicable standards issued by the Government Statistician; and

  • consult the Government Statistician before making changes to data collections that could affect statistical production or data that is made available for research.

Strengthen and future-proof the framework for collecting data for official statistics

The 1975 Act has a strong focus on collecting data for official statistics via statistical surveys, and places obligations on respondents to respond to any mandatory request for data that is made via a survey. Additionally, many of the provisions about the collection of census data are overly prescriptive and reflect a 1970s New Zealand society that bears little resemblance to 21st-century New Zealand. There are very few tools to ensure continuity of supply of other data sources, such as administrative data collected across government that are critical for producing official statistics.

The Bill will continue the requirement that the Minister of Statistics approve any mandatory request for data. It creates a new framework to support data collection for producing official statistics by—

  • enabling the Government Statistician to make a mandatory request for data in the most appropriate format and from the most appropriate person or source (meaning that the Government Statistician can require provision of any data including administrative data collected by government agencies, businesses, and other organisations); and

  • clarifying that the obligation to provide data for official statistics applies whenever a mandatory data request is made; and

  • clarifying that the Government Statistician can authorise other agencies to collect data on their behalf for the production of official statistics; and

  • modernising census data collection provisions and aligning with general data collection provisions for official statistics, and requiring the Government Statistician to conduct a review of the operation of each census; and

  • removing barriers in other legislation that prohibit or restrict the provision of data to the Government Statistician for official statistics.

Modernise the framework for accessing data for research

The 1975 Act includes a framework for bona fide researchers to safely access data held by Stats NZ for research in the public interest. The framework does not—

  • reflect Māori interests in the use of data for research; or

  • provide sufficient guidance for decision making related to accessing data; or

  • require transparency about who is using government-held data, how it is being used, what it is being used for, and how it is being managed.

The Bill will modernise the framework for accessing data held by Stats NZ by—

  • incorporating domestic and international best practice frameworks for appropriate and safe access, such as Ngā Tikanga Paihere and the Five Safes framework; and

  • ensuring appropriate protections and safeguards when data is being accessed for research; and

  • providing for additional safeguards when overseas-based researchers access data; and

  • requiring the Government Statistician to publish information about who is accessing data, how the data is being accessed, and for what purposes; and

  • requiring researchers to publish research results and methodologies.

Other agencies will be able to adopt the research access framework, with the agreement of the Government Statistician.

Continue to provide appropriate safeguards and protections to ensure public trust and confidence in the collection and use of data for official statistics and research

The Bill will continue to provide appropriate protections and safeguards to protect the interests of the people, communities, and organisations represented in, or by, the data Stats NZ collects for official statistics and research.

The Bill—

  • continues to provide for statistical confidentiality (the internationally recognised requirement to not publish or disclose data in a form that could identify a person or organisation), with a modernised set of exceptions; and

  • replaces the 1975 Act’s statutory declaration of secrecy with a modern, fit-for-purpose certificate of confidentiality; and

  • continues statutory obligations to—

    • provide data for official statistics when required to do so; and

    • keep data safe and use it appropriately; and

  • modernises and updates offences and penalties associated with a failure to comply with the statutory obligations, including new enforcement tools to enable a proportionate response to non-compliance.

Departmental disclosure statement

Statistics New Zealand is required to prepare a disclosure statement to assist with the scrutiny of this Bill. The disclosure statement provides access to information about the policy development of the Bill and identifies any significant or unusual legislative features of the Bill.

Regulatory impact assessment

Statistics New Zealand produced a regulatory impact assessment on 24 February 2020 to help inform the main policy decisions taken by the Government relating to the contents of this Bill.

Clause by clause analysis

Clause 1 is the Title clause.

Clause 2 provides that the Bill comes into force on 1 June 2022.

Part 1Preliminary provisions

Clause 3 is the purpose clause.

Clause 4 sets out ways in which the Bill recognises and respect the Crown’s responsibility to give effect to te Tiriti o Waitangi/the Treaty of Waitangi.

Clause 5 is an overview of the Bill.

Clause 6 defines terms used in the Bill. Of particular note is that the Bill uses the term data, which is defined in clause 6 to include information. Other key defined terms are official statistics and public sector agency (see clause 7).

Clause 7 defines public sector agency.

Clause 8 gives effect to the transitional, savings, and related provisions set out in Schedule 1.

Clause 9 provides that the Bill binds the Crown.

Part 2Roles and responsibilities

Clause 10 continues the department of the public service called Statistics New Zealand.

Clause 11 sets out the functions and powers of the Minister under the Bill.

Government Statistician

Clause 12 provides for the appointment of the Government Statistician (the Statistician). The Statistician is also the chief executive of Statistics New Zealand.

Clause 13 sets out the functions of the Statistician.

Clause 14 sets out the duties of the Statistician relating to te Tiriti o Waitangi/the Treaty of Waitangi.

Clause 15 sets out the principles of the engagement with Māori required by clauses 19, 36, and 91.

Clause 16 provides for the independence of the Statistician in respect of the production, dissemination, and communication of statistics by the Statistician.

Clause 17 provides that the Statistician may delegate the functions and powers of the Statistician (except the powers in the Bill to issue compliance notices and infringement notices).

Multi-year data and statistical programme

Clause 18 provides that the Statistician must establish a multi-year data and statistical programme and sets out the purpose of that programme. The programme must be approved by the Minister.

Clause 19 provides that when preparing a draft multi-year data and statistical programme the Statistician must engage with Māori in ways that the Statistician is satisfied will promote the fulfilment of the Statistician’s duty in clause 14(a).

Clause 20 provides that when preparing a draft multi-year data and statistical programme the Statistician must consult public sector agencies and other persons that the Statistician thinks appropriate.

Clause 21 provides for the review of the multi-year data and statistical programme at least every 5 years. The programme may be amended or replaced in the same way it may be made.

Part 3Collection of data and statistical confidentiality

Subpart 1—Collecting data

Clause 22 sets out the ways in which the Statistician may collect data. These are—

  • by the Statistician making a request (see clause 23). A request may be made to an individual, public sector agency, or organisation (as defined in clause 6):

  • by a public sector agency making a request on behalf of the Statistician (see clause 26):

  • if the Statistician considers the data is necessary or desirable to enable the Statistician to produce official statistics or desirable for research under Part 5,—

    • by the Statistician collecting the data from an individual, public sector agency, or organisation by agreement without a request:

    • by the Statistician collecting the data under any arrangement that the Statistician thinks fit, including observation and publicly available sources.

Subpart 2—Requests for data

Clause 23 authorises the Statistician to make a request for data from an individual, public sector agency, or organisation. The Statistician may specify that the provision of the data is voluntary in whole or in part. Except to any extent it is specified to be voluntary, the request must be complied with as specified in clause 29.

Clause 24 provides that the Statistician may enter into an agreement with 1 or more public sector agencies to collect data jointly with the Statistician. An agreement of this kind is for the collection of data that the agency or agencies involved have authority to collect when performing their functions and that the agency (or agencies) and the Statistician require for official statistics or for research. The manner in which the data will be collected is by the making of requests by the Statistician under clause 23. The request must inform the individual, public sector agency, or organisation being requested to provide the data of the joint nature of the collection. The data collected may be disclosed by the Statistician to an agency that is a party to the agreement for the production by the agency of official statistics or for research by the agency.

Clause 25 provides that the Statistician may authorise a public sector agency to request data on behalf of the Statistician. An authority of this kind will be used where the public sector agency may not otherwise have the authority to collect the data when performing its functions but is better placed (than the Statistician) to collect data that the Statistician requires for the production of official statistics. As such, the authority conferred by the Statistician under this clause would be of a kind referred to in section 24(2) of the Privacy Act 2020.

Clause 26 authorises (but does not require) a public sector agency that is authorised under clause 25 to request data on behalf of the Statistician from an individual, public sector agency, or organisation. The public sector agency is required to protect the data by reasonable security safeguards. The collection of the data by the public sector agency on behalf of the Statistician does not confer any authority on that agency to use the data.

Clause 27 applies to a request made under clause 23 or 26. It sets out the matters to be specified in the request.

Clause 28 provides that a request for information under clause 23 or 26 must not be made unless an approval by the Minister applies to it. There is no requirement for Ministerial approval under this clause—

  • if the request is made to a public sector agency in clause 7(a) to (e); or

  • if, and to the extent that, the provision of data is specified in the request to be voluntary.

Clause 28(3) sets out ways in which the Minister may approve requests for data.

Obligation to comply with request

Clause 29 provides that an individual, public sector agency, or organisation to whom a request for data is made under clause 23 or 26 must provide the data as specified in the request. There are a number of exceptions to this obligation. The obligation to provide the data does not apply—

  • if legislation other than the Bill expressly prevents the provision of the data; or

  • to any data the provision of which is identified in the request or otherwise to be voluntary; or

  • in the case of a request made to a public sector agency, to any data the public sector agency refuses to provide on the grounds in clause 29(3).

Clause 29(3) specifies the grounds on which a public sector agency may refuse to provide information. These are based on certain of the grounds in section 6 of the Official Information Act 1982.

The circumstances in which legislation other than the Bill will prevent the provision of the data is a matter of interpretation in each case. However, it is intended that it will need to be clear in the context that the legislation prevents the provision of the data to the Statistician for the purposes of the production of official statistics or research. For example, if legislation provides a mechanism for the sharing of data between certain public sector agencies but does not have any other provision preventing disclosure of the data, that should not prevent the provision of data to the Statistician. Also relevant in the case of personal information (as defined in the Privacy Act 2020) is that information privacy principle 11 in section 22 of that Act provides specifically that personal information may be disclosed if it will be used for statistical or research purposes and will not be published in a form that could reasonably be expected to identify the individual concerned.

Authority to provide data voluntarily in response to request

Clause 30 applies if a request made under clause 23 or 26 specifies that the provision of data is voluntary. It provides that the individual, public sector agency, or organisation to whom the request is made is authorised to provide data to the Statistician unless—

  • legislation other than the Bill expressly prevents the provision of the data; or

  • the provision of the information is contrary to any instrument, trust, or rule of law (other than in legislation) or an order of a court.

The same intention as for clause 29 applies here regarding when legislation may be interpreted as preventing the provision of the data.

Conditions not to be imposed in response to request

Clause 31 provides that no public sector agency, individual, or organisation may specify conditions on which data is provided by the public sector agency, individual, or organisation to the Statistician in response to a request under clause 23 or 26.

Subpart 3—Collection by agreement with Statistician without request

Clause 32 applies to the collection of data by agreement with the Statistician without a request (that is, as described in clause 22(c)(i)). An individual, public sector agency, or organisation is authorised to provide data to the Statistician for the production of official statistics or research unless—

  • legislation other than the Bill expressly prevents the provision of the data; or

  • the provision of the information is contrary to any instrument, trust, or rule of law (other than in legislation) or an order of a court.

The same intention as for clause 29 applies here regarding when legislation may be interpreted as preventing the provision of the data.

Clause 33 relates to the circumstances in which conditions may be imposed where data is provided to the Statistician by agreement without a request. It provides that—

  • an individual or organisation may specify access conditions in relation to the use of the data for research (see clause 33(1) and (2)):

  • no individual or organisation may specify conditions on which data is provided for the production of official statistics (see clause 33(3)):

  • no public sector agency may specify conditions on which data is provided for the production of official statistics or for research (see clause 33(4)).

Subpart 4—Census of population and dwellings

Clause 34 provides that the Statistician must take a census of population and dwellings of New Zealand in 2023 and in every fifth year after that. The taking of a census may involve the use of any of the methods of collecting data described in clause 22. It will include the making of requests for data by the Statistician under clause 23. It may also include the collection of data by agreement (for example, data collected by public sector agencies in the course of performing their functions) or as described in clause 22(c)(ii) (see clause 34(2)).

The period of time during which the census will be taken must be appointed by the Governor-General by Order in Council (see clause 34(3)).

Clause 34(4) and (5) requires the Statistician to publish information about a census to be taken.

Clause 35 provides that before determining the manner of taking, and the data to be collected in, a census, the Statistician must consult public sector agencies, the public, and interest groups.

Clause 36 provides that before determining the manner of taking, and the data to be collected in, a census, the Statistician must engage with Māori in ways that the Statistician is satisfied will promote the fulfilment of the Statistician’s duty in clause 14(a).

Clause 37 provides that the Statistician must review the operation of each census and provide a report to the Minister.

Clause 38 provides that an individual must ensure that they obtain a copy of, or other details of how to access and respond to, a request made by the Statistician under clause 23 as part of the census. It is an offence to fail to do this (see clause 89).

Subpart 5—Statistical confidentiality

Clause 39 relates to statistical confidentiality. Clause 39(1) provides that the Statistician must take all reasonable steps to ensure that the Statistician does not publish or otherwise disclose data in a form that could reasonably be expected to identify any individual or organisation. Clause 39(2) sets out a number of circumstances in which the Statistician may publish or otherwise disclose data in a form that may identify an individual or organisation.

Clause 40 provides that the Statistician may disclose identifying data to an individual, public sector agency, or organisation if—

  • the Statistician collected the data from the individual, public sector agency, or organisation; or

  • the individual, public sector agency, or organisation (although it did not provide the data to the Statistician) would be authorised to access the data under a provision in any legislation (other than this clause).

This may arise in circumstances where it would be more efficient for the individual, public sector agency, or organisation to access the data from the Statistician. For example, the data may have been linked with other data that the individual, public sector agency, or organisation is also authorised to access, meaning the data may be higher quality given work done by the Statistician to process the data.

Clause 41 provides that the Statistician may authorise the disclosure of any document or class of documents that the Statistician has, in consultation with the Chief Archivist, classified as a historical document or a class of historical documents.

Clause 42 sets out the circumstances in which a person must complete a certificate of confidentiality. Employees of Statistics New Zealand and individuals accessing data for research must complete the certificate. Other persons may be required by the Statistician to complete the certificate. The certificate must be in the form, and contain the matters, approved by the Statistician.

Part 4Official statistics

Clause 43 provides that official statistics may be produced on any matter relating to New Zealand including, without limitation, its economic, social, cultural, and environmental situation.

Clause 44 provides that the Minister may direct the Statistician to produce statistics, or cease to produce statistics, of any kind. The Statistician must comply with, and give public notice of, the direction.

Clause 45 sets out certain obligations of each public sector agency. These include—

  • providing information when requested by the Statistician about the production of official statistics by that agency:

  • consulting the Statistician about changes to the data the agency collects and holds where those changes could affect the production of official statistics or data available for research under Part 5:

  • participating in reviews of the production of official statistics conducted by the Statistician:

  • when requested by the Statistician, providing information about the agency’s compliance with standards issued under clause 90.

Clause 46 provides that the Statistician may make official statistics available to a person or group of persons on temporary conditions that the statistics not be broadcast or disclosed without further permission.

Use of data collected by agreement for research

Clause 47 provides for circumstances in which data collected from an individual or organisation for research may be used for the purposes of the production of official statistics. Since the data was not originally provided for the production of official statistics it may be used for this purpose only with the approval of the Minister or the authority of the person or organisation that provided it.

Part 5Access to data for research

Subpart 1—Access to data held by Statistics New Zealand

Authorising access to data for research

Clause 48 permits the Statistician to authorise access to data held by Statistics New Zealand for research. Clause 48(1) requires the Statistician to be satisfied, before authorising access to data for research, that—

  • the research is in the public interest; and

  • the individual, public sector agency, or organisation is an appropriate researcher; and

  • access to the data is subject to appropriate measures to protect the privacy, confidentiality, and security of the data; and

  • a certificate of confidentiality has been provided to Statistics New Zealand by each individual who will access the data; and

  • additional considerations under clause 52 are met if the researcher is based overseas.

Clause 48(2) enables the Statistician to impose conditions on the access to and use of the data as well as the publication or disclosure of the results of the research.

Clause 49 sets out the factors that the Statistician may take into account to determine whether the proposed research is in the public interest.

Clause 50 sets out the factors that the Statistician must take into account to determine whether an individual, public sector agency, or organisation seeking access to data for research is an appropriate researcher.

Clause 51 sets out the factors that the Statistician must take into account to determine whether access to the data is subject to appropriate measures to protect the privacy, confidentiality, and security of the data.

Clause 52 requires the Statistician to consider, before authorising access to data for research by an individual or organisation based overseas, whether comparable safeguards apply to the protection of the data as would apply to an individual or organisation based in New Zealand.

Clause 53 requires the Statistician to publish information about who is accessing data for research, what data is being accessed and for what purpose, how the data is being accessed, and any characteristics of the data or limitations that may affect the quality of any research that uses the data.

Researcher obligations

Clause 54 sets out the obligations of researchers authorised to access data under this subpart. Clause 54(1) requires the researchers to—

  • access and use the data only for the research for which access is authorised; and

  • comply with any conditions imposed by the Statistician; and

  • take all reasonable steps to ensure that any data published or otherwise disclosed is in a form that could not reasonably be expected to identify any individual or organisation (subject to the exceptions provided in clause 54(2)); and

  • publish the results of their research and their methodologies.

Clause 54(2) provides that a researcher may disclose identifying data about an individual or organisation if the individual or organisation has authorised the publication or disclosure or, if the data is of a type described in clause 39(2)(b) to (e), with the agreement of the Statistician.

Subpart 2—Access to data held by other public sector agencies

Clause 55 enables the Statistician to determine, on the request of a chief executive of a public sector agency of a type described in clause 7(a) to (e), that the chief executive may authorise access to data held by that public sector agency in accordance with the framework in Part 5. A determination made by the Statistician under clause 55 is secondary legislation (see Part 3 of the Legislation Act 2019 for publication requirements).

Clause 56 provides for the effect of a determination made under clause 55. Clause 56(2) details the provisions of Part 5 that apply to a chief executive of a public sector agency to which the determination applies. Clause 56(1) and (5) require the chief executive to notify researchers seeking access to their data of their intention to opt into the Statistics New Zealand framework and to publish information about who is accessing the data, what data is being accessed and for what purposes, how the data is being accessed, and any characteristics of the data or limitations that may affect the quality of any research that uses the data. Clause 56(3) details the provisions that apply to a researcher that accesses information held by a public sector agency in accordance with the determination.

Part 6Offences and enforcement

Subpart 1—Power of entry and inspection

Clauses 57 to 59 provide that the Statistician may enter a place of business (or require the production of records of the business) for the purpose of obtaining any data that the Statistician considers necessary or desirable to enable the Statistician to produce official statistics. The power of entry may be exercised only with consent or by a warrant issued under clause 58.

Subpart 2—Compliance notices and offences

Compliance notices

Clauses 60 to 67 provide that the Statistician (or the chief executive of a public sector agency in respect of which a notice has been given under clause 55) may issue compliance notices to promote compliance with Part 5. A person to whom a notice is issued may ask for a review of the notice. It is an offence to fail to comply with a notice (see clause 82).

Procedure for infringement offences

Clauses 68 to 75 provide that the Statistician (or the chief executive of a public sector agency in respect of which a notice has been given under clause 55) may issue infringement notices for infringement offences (see the offences in clauses 88 and 89). These clauses prescribe the grounds for issuing an infringement notice for an infringement offence (see clause 70) and set out other provisions relating to the infringement offences under the Act.

Offences relating to failure to provide data

Clause 76 provides that it is an offence to—

  • intentionally fail or refuse to comply with clause 29(1) (which relates to the obligation to comply with a request for data); or

  • intentionally fail or refuse to comply with a requirement imposed under clause 57(1)(b) (which relates to the obligation to produce records for inspection).

Clause 77 provides that it is an offence to knowingly make a false or misleading statement or material omission when responding to a request for data or a requirement to produce documents.

Offences relating to obligation to protect data

Clause 78 makes it an offence to breach a certificate of confidentiality.

Clause 79 provides that a person commits an offence if, while performing a duty or function, or exercising a power under the Bill, the person intentionally obtains, or seeks to obtain, data knowing that the person is not authorised to obtain it.

Clause 80 provides that it is an offence if a person authorised under clause 48 to access data acts contrary to the researcher obligations in clause 54.

Clause 81 creates 2 offences relating to giving or obtaining unauthorised access to data. Clause 81(1) relates to the unauthorised disclosure of data by a person authorised under clause 48 to access data for research. Clause 81(2) relates to a person who obtains data from a person authorised under clause 48 to access data for research.

Other offences

Clause 82 makes it an offence to fail to comply with a compliance notice.

Clause 83 makes it an offence to knowingly or recklessly destroy, deface, remove, mutilate, or render unusable a request for data made under Part 3 or data provided in respect to a request.

Clause 84 makes it an offence to interfere with, hinder, or obstruct the Statistician or any employee of Statistics New Zealand in the exercise of any power conferred by the Bill.

Clause 85 makes it an offence to impersonate the Statistician or an employee of Statistics New Zealand.

Clause 86 makes it an offence to wilfully deceive or attempt to deceive the Statistician or any employee of Statistics New Zealand in the exercise or performance by the Statistician or employee of any of the Statistician’s powers, duties, or functions under the Bill.

Clause 87 makes it an offence to fail to comply with temporary conditions (as to broadcast, publication, etc) imposed under clause 46.

Infringement offences

Clause 88 makes it an infringement offence to fail to comply with clause 29(1) (which relates to the obligation to comply with a request for data).

Clause 89 makes it an infringement offence for an individual to fail to comply with the duty in clause 38 to obtain a copy of, or other details of how to access and respond to, a request made by the Statistician under clause 23 as part of the census.

Part 7General and miscellaneous provisions

Subpart 1—General provisions

Clause 90 provides that the Statistician may provide written standards in relation to a range of matters set out in clause 90(1). The Statistician may apply the standards to all public sector agencies or particular agencies or classes of public sector agencies. The standards are guidance for the agencies to which they apply (see clause 90(3)), but the Statistician may specify that the whole or part of any standard is a mandatory requirement (see clause 90(4)).

Clause 91 provides that before providing standards under clause 90 the Statistician must engage with Māori in ways that the Statistician is satisfied will promote the fulfilment of the Statistician’s duty in clause 14(a).

Clause 92 restricts the power of a chief executive who is authorised to issue an infringement notice or compliance notice under the Bill to delegate these powers. These restrictions are equivalent to the restrictions on the Statistician under clause 17(2).

Clause 93 requires the Statistician to provide an annual report to the Minister on the administration of the Bill.

Clause 94 protects data collected under the Bill from disclosure or use in proceedings. It also provides certain protections for an individual who has competed a certificate of confidentiality from being compelled to give evidence or produce documents regarding the content of data obtained or accessed under the Bill.

Clause 95 relates to the time for filing a charging document for an offence under the Bill.

Clause 96 provides that in proceedings for an offence against the Bill the Statistician may certify that the Minister has under clause 28(3) approved a request for data.

Clause 97 provides that an obligation (under Part 3) to provide data or a requirement (under clause 57(1)(b)) to produce records continues even if the obligation or requirement has not been complied with by the time specified in the request or requirement.

Clause 98 relates to the proof of the signature of the Statistician and certain chief executives exercising powers under the Bill.

Clause 99 is a regulation-making power.

Subpart 2—Amendments to enactments, repeals, and revocations

Clause 100 provides for the repeal of the Statistics Act 1975.

Amendment to Official Information Act 1982

Clauses 101 and 102 provide for an amendment to the Official Information Act 1982 to provide that information provided by an individual or organisation is not official information for the purposes of the Official Information Act 1982.

Amendment to Summary Proceedings Act 1957

Clauses 103 and 104 provide for an amendment to the definition of infringement notice in section 2(1) of the Summary Proceedings Act 1957.

Other amendments and revocation

Clause 105 provides for the amendment of other legislation set out in Schedules 2 to 4. Schedule 2 sets out amendments to other legislation to clarify the relationship between that legislation and the obligations and authorisations to provide data to the Statistician under clauses 29, 30, and 32. Schedule 3 sets out amendments to other legislation to provide for accurate and consistent referencing of products published by Statistics New Zealand and provide for flexibility for the Statistician to certify future replacement products as equivalent to the products currently produced. Schedule 4 sets out consequential amendments to other legislation.

Clause 105(3) makes a consequential revocation.

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:

1 Title

This Act is the Data and Statistics Act 2021.

2 Commencement

This Act comes into force on 1 June 2022.

Part 1 Preliminary provisions

3 Purpose

The purpose of this Act is to—

(a)

ensure that high-quality, impartial, and objective official statistics are produced relating to New Zealand to inform the public and inform decision making; and

(b)

promote consistent and collaborative practices across government in order to—

(i)

enable the trusted collection and use of data for the production of official statistics and for research; and

(ii)

minimise the burden on those providing data for the production of official statistics and for research by avoiding unnecessary duplication of requests; and

(c)

improve the quality of data collected across government, and eliminate gaps in data collected, to promote its usefulness for the production of official statistics and for research; and

(d)

protect the interests of the people and organisations represented in, or by, data that is used for the production of official statistics and for research, by providing for—

(i)

appropriate privacy, confidentiality, and security; and

(ii)

transparency about how the data is used; and

(e)

recognise and respect the Crown’s responsibility to give effect to te Tiriti o Waitangi/the Treaty of Waitangi by providing for the interests of Māori in—

(i)

the collection of data, the production of statistics, and access to, and use of, data for research as tools for furthering the economic, social, cultural, and environmental well-being of Māori (including iwi and hapū); and

(ii)

the way in which data is collected, managed, and used for the production of official statistics and for research.

4 Te Tiriti o Waitangi/Treaty of Waitangi

In order to recognise and respect the Crown’s responsibility to give effect to te Tiriti o Waitangi/the Treaty of Waitangi, this Act—

(a)

imposes duties on the Statistician as set out in section 14:

(b)

sets out in section 15 the principles of the engagement with Māori provided for under sections 19, 36, and 91:

(c)

provides in section 17 the ability for the Statistician to delegate the Statistician’s powers:

(d)

in section 19, requires the Statistician to engage with Māori when preparing a draft multi-year data and statistical programme:

(e)

in section 36, requires the Statistician to engage with Māori before determining the manner of taking, and the data to be collected in, a census of population and dwellings:

(f)

in section 91, requires the Statistician to engage with Māori when preparing standards:

(g)

provides, in Part 5, criteria and requirements (for those authorising access to data for research under that Part) that are designed to reflect Māori interests in the use of data for research.

5 Overview

(1)

Part 1 deals with preliminary matters, including the definitions of terms used in this Act.

(2)

Part 2 provides for roles and responsibilities, including—

(a)

the continuation of Statistics New Zealand (section 10):

(b)

the functions and powers of the Minister under this Act (section 11):

(c)

the appointment, functions, duties, and independence of the Government Statistician (sections 12 to 17):

(d)

the establishment and periodic review of the multi-year data and statistical programme (sections 18 to 21).

(3)

Part 3 provides for the collection of data and for matters concerning statistical confidentiality. It sets out—

(a)

the ways in which data may be collected by the Statistician including the making of requests for data, the provision of data by agreement, and other methods of collection (section 22):

(b)

provisions relating to the power of the Statistician and, in certain cases, public sector agencies authorised by the Statistician, to make requests for data, and the obligation to comply with requests (sections 23 to 31):

(c)

the authority for an individual, public sector agency, or organisation to provide information to the Statistician by agreement without a request (sections 32 and 33):

(d)

specific requirements regarding the taking of the census of population and dwellings (sections 34 to 38):

(e)

statistical confidentiality and the circumstances in which the Statistician may disclose information that identifies any person or organisation (sections 39 to 42).

(4)

Part 4 relates to the production of official statistics, including—

(a)

the matters on which official statistics may be produced (section 43):

(b)

the power of the Minister to direct the Statistician to produce or cease production of statistics (section 44):

(c)

the obligations of a public sector agency to provide information to, consult, and assist the Statistician in relation to matters concerning the production of official statistics and affecting the data that might be made available for research under the Act (section 45):

(d)

the ability of the Statistician to make official statistics available to any person or group of persons subject to temporary conditions about publication and disclosure (section 46).

(5)

Part 5 relates to access to data for research, including—

(a)

the Statistician’s power to authorise access for research to data held by Statistics New Zealand (sections 48 to 52):

(b)

the obligations of researchers who access data for research (section 54):

(c)

the power of the chief executive of a public sector agency authorised to do so by the Statistician to grant access for research in accordance with Part 5 to data held by that agency (sections 55 and 56).

(6)

Part 6 relates to offences and enforcement, including—

(a)

powers of entry for the Statistician to obtain data that the Statistician considers necessary or desirable to enable the Statistician to produce official statistics (sections 57 to 59):

(b)

powers to issue compliance notices and infringement notices to enforce compliance with the provisions of the Bill (sections 60 to 75):

(c)

offences (sections 76 to 89).

(7)

Part 7 contains general and miscellaneous provisions, including—

(a)

the power of the Statistician to issue written standards relating to the production of official statistics and the collection and management of data for official statistics and research under the Act (section 90):

(b)

amendments to other Acts to clarify the extent to which those Acts limit or prevent the provision of data to the Statistician under clauses 29, 30, and 32.

6 Interpretation

In this Act, unless the context otherwise requires,—

authorised person, in sections sections 69 to 73, has the meaning in section 68

data includes information

infringement fee, in relation to an infringement offence, means the infringement fee for the offence specified in the regulations

infringement offence means an offence identified in this Act as being an infringement offence

Minister means the Minister of Statistics

official statistics means statistics—

(a)

produced by the Statistician or a public sector agency; or

(b)

produced by an individual or organisation approved in writing by the Statistician to produce those statistics

organisation includes—

(a)

any body of persons (whether corporate or unincorporated), including whānau, hapū, or iwi, other than a public sector agency; and

(b)

for the purposes of Part 5, a government entity that has its head office or principal place of business outside New Zealand

overseas person has the meaning set out in section 52(3)

produce, in relation to statistics, includes developing and designing statistics, and production has a corresponding meaning

provide, in relation to data requested under Part 3, means providing the data to the Statistician or public sector agency requesting the data or enabling the Statistician or public sector agency to access the data

public sector agency has the meaning in section 7

regulations means regulations made under this Act

Statistician means the Government Statistician referred to in section 12.

7 Meaning of public sector agency

In this Act, unless the context otherwise requires, public sector agency means—

(a)

a public service agency as defined in section 10(a) of the Public Service Act 2020:

(b)

the New Zealand Police:

(c)

the New Zealand Defence Force:

(d)

a statutory entity named in Schedule 1 of the Crown Entities Act 2004:

(e)

the Reserve Bank of New Zealand:

(f)

an organisation named or described in Schedule 4, or a company named in Schedule 4A, of the Public Finance Act 1989:

(g)

a board as defined in section 10(1) of the Education and Training Act 2020:

(h)

an institution as defined in section 10(1) of the Education and Training Act 2020:

(i)

a Crown entity company or Crown entity subsidiary as defined in section 10 of the Crown Entities Act 2004:

(j)

a State enterprise as defined in section 2 of the State-Owned Enterprises Act 1986:

(k)

a mixed ownership model company as defined in section 2(1) of the Public Finance Act 1989:

(l)

an Office of Parliament as defined in section 2(1) of the Public Finance Act 1989:

(m)

the Office of the Clerk of the House of Representatives and the Parliamentary Service:

(n)

the Parliamentary Counsel Office:

(o)

a local authority as defined in section 5(1) of the Local Government Act 2002.

8 Transitional, savings, and related provisions

The transitional, savings, and related provisions set out in Schedule 1 have effect according to their terms.

9 Act binds the Crown

This Act binds the Crown.

Part 2 Roles and responsibilities

10 Statistics New Zealand

(1)

There continues to be a department of State called Statistics New Zealand.

(2)

Statistics New Zealand is the same body as the body of that name existing immediately before the commencement of this section.

11 Functions and powers of Minister

The Minister has the following functions and powers under this Act:

(a)

to specify the Government’s data and statistical priorities:

(b)

to approve the multi-year data and statistical programme required under section 18:

(c)

to approve joint collection agreements under section 24:

(d)

to exercise the power in section 28(3) (certain requests for data require approval by Minister):

(e)

to exercise the power in section 44 (Minister may direct Statistician to produce or cease production of statistics on matter).

Government Statistician

12 Government Statistician

(1)

There must be an officer appointed under the Public Service Act 2020 to be called the Government Statistician.

(2)

The Government Statistician is also the chief executive of Statistics New Zealand.

Compare: 1975 No 1 s 13

13 Functions of Statistician

The functions of the Statistician include—

(a)

to produce and communicate, with or without comments, official statistics:

(b)

to establish and maintain the multi-year data and statistical programme required under section 18:

(c)

to authorise access to data for research in accordance with section 48:

(d)

to guide and direct best practice in the production and communication of official statistics:

(e)

to collaborate with statistics offices or agencies outside New Zealand to produce globally comparable statistics:

(f)

to examine any published statistics and comment on their interpretation and validity, if the Statistician considers it necessary:

(g)

to advise the Minister on data and statistical priorities:

(h)

to provide standards under section 90:

(i)

to review the production of official statistics by other public sector agencies:

(j)

to carry out any other functions conferred on the Statistician under this Act or any other legislation.

14 Duties of Statistician relating to Tiriti o Waitangi/Treaty of Waitangi

The Statistician must,—

(a)

in performing the Statistician’s functions under this Act, recognise and respect the Crown’s responsibility to give effect to te Tiriti o Waitangi/the Treaty of Waitangi by recognising the interests of Māori in—

(i)

the collection of data, the production of statistics, and access to, and use of, data for research as tools for furthering the economic, social, cultural, and environmental well-being of Māori (including iwi and hapū); and

(ii)

the way in which data is collected, managed, and used for the production of official statistics and for research:

(b)

build and maintain the capability and capacity of Statistics New Zealand to—

(i)

understand te Tiriti o Waitangi/the Treaty of Waitangi and the perspectives of Māori (including iwi and hapū) in relation to the collection and use of data for the production of official statistics and for research; and

(ii)

engage with Māori about the collection of data, the production of official statistics, and the use of data for research under this Act to provide useful insights about the economic, social, cultural, and environmental well-being of Māori (including iwi and hapū):

(c)

foster the capability and capacity of Māori to—

(i)

collect and use data for the production of statistics; and

(ii)

access and use data under this Act for research; and

(iii)

engage with the Statistician under this Act.

15 Principles of engagement by the Statistician with Māori

The principles of the engagement required by sections 19, 36, and 91 are that engagement—

(a)

must begin early and be meaningful:

(b)

should include early discussion of the ways in which the Statistician and Māori can most effectively engage in the particular context:

(c)

should include consideration of opportunities for Māori to partner with the Statistician in relation to activities that are the subject of the engagement.

16 Independence of Statistician

(1)

The Statistician has the sole responsibility for deciding on—

(a)

the production of statistics by the Statistician, including the selection of data sources, concepts, definitions, methods, and classifications to be used; and

(b)

the timing, manner, and content of the dissemination and communication of those statistics.

(2)

This section is subject to section 44.

Compare: 1975 No 1 s 15(1)

17 Delegation of functions or powers of Statistician

(1)

The Statistician may delegate in accordance with clauses 2 to 4 of Schedule 6 of the Public Service Act 2020 any of the Statistician’s functions or powers under this Act or any other Act (including functions or powers delegated to the Statistician under this Act or any other Act), except that—

(a)

the delegation of functions or powers delegated to the Statistician by a Minister requires the prior written approval of that Minister; and

(b)

the delegation of functions or powers delegated to the Statistician by the Public Service Commissioner requires the prior written approval of the Public Service Commissioner.

(2)

However, the Statistician must not delegate to a person outside the public service (as described in clause 2(5) of Schedule 6 of the Public Service Act 2020) any of the following:

(a)

the power to issue a compliance notice under section 61:

(b)

the power to issue an infringement notice under section 70.

(3)

Clauses 2 to 4 of Schedule 6 of the Public Service Act 2020 apply to delegations under this section as if those delegations were made under clause 2 of that schedule.

Multi-year data and statistical programme

18 Multi-year data and statistical programme

(1)

The Statistician must establish a multi-year data and statistical programme.

(2)

The purpose of the programme is to identify and prioritise any of the following that may contribute to the purpose in section 3:

(a)

the collection and holding of particular data by public sector agencies (including Statistics New Zealand):

(b)

the production of particular statistics by the Statistician or public sector agencies.

(3)

The Statistician must prepare a draft multi-year data and statistical programme and submit it to the Minister for approval.

(4)

The Statistician must ensure that the programme is published at all times on an Internet site maintained by or on behalf of Statistics New Zealand.

19 Engagement with Māori on multi-year data and statistical programme

When preparing a draft multi-year data and statistical programme, the Statistician must engage with Māori in ways that the Statistician is satisfied will promote the fulfilment of the Statistician’s duty in section 14(a).

20 Consultation on draft multi-year data and statistical programme

When preparing a draft multi-year data and statistical programme, the Statistician must consult public sector agencies and any other person that the Statistician thinks appropriate.

21 Review and amendment of multi-year data and statistical programme

(1)

The multi-year data and statistical programme required under section 18 must be reviewed by the Statistician at intervals not exceeding 5 years.

(2)

The programme may be amended or replaced in the same way as it may be made.

Part 3 Collection of data and statistical confidentiality

Subpart 1—Collecting data

22 Collecting data

Data may be collected by the Statistician under this Act—

(a)

by means of a request under section 23:

(b)

by means of a request on behalf of the Statistician by a public sector agency under section 26:

(c)

if the Statistician considers the data is necessary or desirable to enable the Statistician to produce official statistics, or desirable for research under Part 5,—

(i)

by collection from any individual, public sector agency, or organisation by agreement with the Statistician, without a request having been made under section 23 or 26; or

(ii)

by collection by the Statistician under any arrangement that the Statistician may think fit, including observation and publicly available sources.

Subpart 2—Requests for data

23 Statistician may request data from individual, public sector agency, or organisation

(1)

The Statistician may request data from an individual, public sector agency, or organisation if—

(a)

the individual, public sector agency, or organisation is in a position to provide the data; and

(b)

the Statistician considers the data is necessary or desirable to enable the Statistician to produce official statistics.

(2)

When making a request under this section, the Statistician may, if the Statistician considers it is appropriate to do so, specify that the provision of the data is voluntary in whole or in part.

24 Joint collections

(1)

The Statistician may, with the approval of the Minister, enter into an agreement with 1 or more public sector agencies for the collection, jointly with the Statistician, of data that the agency has, or agencies have, authority to collect for the performance of its, or their, functions or activities.

(2)

The manner in which data to which the agreement applies may be collected is by the making of requests by the Statistician under section 23.

(3)

A request by the Statistician for data to which an agreement applies must—

(a)

state that the data is being collected by the Statistician under an agreement with the agency or agencies; and

(b)

specify—

(i)

that the data may be disclosed to an agency that is a party to the agreement; and

(ii)

the purposes for which the data will or may be used under subsection (5).

(4)

The Statistician may, for the purpose in subsection (5) only, disclose to an agency that is a party to the agreement any data to which the agreement applies that is collected by the Statistician.

(5)

The purpose of the disclosure under subsection (4) is for the production by that agency of official statistics, or for research by the agency.

(6)

An agency to which data is disclosed under subsection (4) may publish or otherwise disclose the data only in a form that could not reasonably be expected to identify any individual or organisation (subject to the exception in subsection (7)).

(7)

Subsection (6) does not prevent the publication or other disclosure of identifying data about an individual or organisation if—

(a)

the individual, or, as the case may be, a competent officer of the organisation has authorised the publication or other disclosure; or

(b)

the Statistician authorises the publication or other disclosure of data and the publication or other disclosure of data is of a type described in section 39(2)(b) to (e).

25 Statistician may authorise public sector agency to request data

(1)

The Statistician may authorise a public sector agency to request data, on behalf of the Statistician, that the Statistician considers is necessary or desirable to enable the Statistician to produce official statistics (whether or not the agency otherwise has authority to collect the data).

(2)

When giving an authority under this section, the Statistician may, if the Statistician considers it is appropriate to do so, specify that the provision of the data in response to any request made under section 26 is to be, either in whole or in part, voluntary.

26 Public sector agency authorised under section 25 may request data

(1)

A public sector agency that is authorised under section 25 to request data may request the data on behalf of the Statistician from an individual, public sector agency, or organisation if the individual, public sector agency, or organisation is in a position to provide it.

(2)

Data obtained by the public sector agency in response to a request under subsection (1) is, when it is provided to the Statistician by the agency, to be treated for all purposes under this Act and any other legislation as data collected by the Statistician under this Act.

(3)

The public sector agency must protect data that has been obtained by it in response to a request under subsection (1) by such security safeguards as are reasonable in the circumstances for the public sector agency to use.

(4)

The fact that data is obtained directly or indirectly by a public sector agency as a result of a request under subsection (1) does not confer any authority on that agency to use that data.

27 Matters to be specified in request

A request under section 23 or 26 must—

(a)

specify that it is a request under this Act and specify which of sections 23 or 26 the request is made under:

(b)

specify the data requested:

(c)

specify the date by which the data is to be provided:

(d)

specify the manner and form in which the data is to be provided:

(e)

in the case of a request under section 23, identify any data the provision of which is voluntary:

(f)

in the case of a request under section 26, if the Statistician has specified that the provision of the data is, either in whole or in part, voluntary, identify the data the provision of which is voluntary:

(g)

if the request is not, in whole, a request for the voluntary provision of information, contain a summary of the legal obligation under section 29 to comply with the request and the consequences of non-compliance.

28 Certain requests for data require approval by Minister

(1)

A request for data under section 23 or 26 must not be made unless an approval given by the Minister under subsection (3) applies to it.

(2)

Subsection (1) does not apply—

(a)

if the request is to a public sector agency in section 7(a) to (e); or

(b)

if, and to the extent that, the provision of data is specified in the request to be voluntary.

(3)

The Minister may approve requests for data under section 23 or 26 by all or any of the following means:

(a)

specifying data that may be requested:

(b)

specifying individuals, organisations, and public sector agencies, (or classes of individuals, organisations, and public sector agencies) to which the making of requests is approved:

(c)

approving the repetition of requests from time to time:

(d)

approving a programme of work requiring the collection of particular data:

(e)

approving a particular request.

Obligation to comply with request

29 Obligation to comply with request

(1)

An individual, public sector agency, or organisation to whom a request for data is made under section 23 or 26 must provide the data by the date, and in the manner and form, specified in the request.

(2)

Subsection (1) does not apply—

(a)

if legislation other than this Act expressly prevents the provision of the data; or

(b)

to any data the provision of which is identified in the request or otherwise to be voluntary; or

(c)

in the case of a request made to a public sector agency, to any data the public sector agency refuses to provide under subsection (3).

(3)

A public sector agency may refuse to provide data if providing the data to the Statistician for the production of official statistics would be likely—

(a)

to prejudice the security or defence of New Zealand or the international relations of the Government of New Zealand; or

(b)

to prejudice the entrusting of information to the Government of New Zealand on a basis of confidence by—

(i)

the Government of any other country or any agency of the Government of any other country; or

(ii)

any international organisation; or

(c)

to prejudice the maintenance of the law, including the prevention, investigation, and detection of offences, and the right to a fair trial.

(4)

Except with the prior approval of the Statistician, responding to a request by referring to another document from which the data can be obtained does not constitute compliance with the request.

Authority to provide data voluntarily in response to request

30 Authority to provide data voluntarily in response to request

(1)

This section applies to the provision of data in response to a request under section 23 or 26 if the provision of the data is specified to be voluntary.

(2)

The individual, public sector agency, or organisation to whom the request is made is authorised to provide data to the Statistician under this Act unless—

(a)

legislation other than this Act expressly prevents the provision of the data; or

(b)

the provision of the information is contrary to any instrument, trust, or rule of law (other than in legislation) or an order of a court.

Conditions not to be imposed in response to request

31 Conditions not to be imposed in response to request

(1)

This section applies to the provision of data in response to a request under section 23 or 26.

(2)

No public sector agency, individual, or organisation may specify conditions on which data is provided by the public sector agency, individual, or organisation to the Statistician in response to the request.

Subpart 3—Collection by agreement with Statistician without request

32 Authority to provide data by agreement with Statistician without request

(1)

This section applies to the collection of data as described in section 22(c)(i).

(2)

An individual, public sector agency, or organisation is authorised to provide data to the Statistician under this Act for the production of official statistics or research unless—

(a)

legislation other than this Act expressly prevents the provision of the data; or

(b)

the provision of the information is contrary to any instrument, trust, or rule of law (other than in legislation) or an order of a court.

33 Circumstances where data may be collected as described in section 22(c)(i) subject to access conditions

(1)

If data is collected from an individual or organisation as described in section 22(c)(i) for research, the individual or organisation may specify access conditions in relation to the use of the data for research.

(2)

The access conditions may—

(a)

provide for—

(i)

additional requirements that must be satisfied before the Statistician may authorise access to the data under section 48; or

(ii)

additional factors the Statistician must or may take into account before determining whether to authorise access to the data under section 48; or

(b)

permit the Statistician to authorise access to the data according to criteria that are less restrictive than those that would otherwise apply under section 48.

(3)

No individual or organisation may specify conditions on which data is provided by the individual or organisation to the Statistician as described in section 22(c)(i) for the production of official statistics.

(4)

No public sector agency may specify conditions on which data is provided by the public sector agency to the Statistician as described in section 22(c)(i) for the productions of official statistics or for research.

Subpart 4—Census of population and dwellings

34 Census of population and dwellings

(1)

The Statistician must take a census of population and dwellings of New Zealand in 2023 and in every fifth year after that.

(2)

Taking a census may involve the collection of data by any means described in section 22.

(3)

The period of time during which the census will be taken must be appointed by the Governor-General by Order in Council on the recommendation of the Minister.

(4)

At a suitable time after the Order in Council made under subsection (3), the Statistician must publish the information specified in subsection (5)

(a)

on an Internet site that is administered by or on behalf of Statistics New Zealand; and

(b)

by any other additional means the Statistician considers sufficient for notifying the public of New Zealand.

(5)

The information referred to in subsection (4) is—

(a)

the period during which the census will be taken:

(b)

details of where to seek help and support related to the census:

(c)

details of—

(i)

how an individual may access a request made by the Statistician under section 23 as part of the census, or obtain a copy of the request; and

(ii)

how an individual may respond to a request made by the Statistician under section 23 as part of the census:

(d)

the legal obligation under section 29 to provide the data requested.

(6)

An order made under this section is secondary legislation (see Part 3 of the Legislation Act 2019 for publication requirements).

Compare: 1975 No 1 s 23(1)–(3)

35 Consultation on census

Before determining the manner of taking, and the data to be collected in, a census of population and dwellings, the Statistician must—

(a)

consult public sector agencies:

(b)

consult the public generally:

(c)

consult interest groups as the Statistician thinks fit.

36 Engagement with Māori on census

Before determining the manner of taking, and the data to be collected in, a census of population and dwellings, the Statistician must engage with Māori in ways that the Statistician is satisfied will promote the fulfilment of the Statistician’s duty in section 14(a).

37 Review after each census

(1)

Within 12 months after the last day in the period appointed under section 34(3), the Statistician must—

(a)

conduct a review of the operation of the census; and

(b)

present a report on the review to the Minister.

(2)

The Statistician must publish the review on an Internet site maintained by or on behalf of Statistics New Zealand.

38 Duty to obtain details regarding request for data in census

An individual must ensure that they obtain a copy of, or other details of how to access and respond to, a request made by the Statistician under section 23 as part of the census.

Compare: 1975 No 1 s 25(1)

Subpart 5—Statistical confidentiality

39 Statistician authorised to publish or otherwise disclose certain data

(1)

The Statistician must take all reasonable steps to ensure that the Statistician does not publish or otherwise disclose data in a form that could reasonably be expected to identify any individual or organisation.

(2)

Despite subsection (1), the Statistician may publish or otherwise disclose—

(a)

data in a form that may identify an individual or organisation if the publication or other disclosure is authorised in writing by the individual to whom, or the organisation to which, the data relates:

(b)

data that is publicly available under any Act or publicly available from other sources if the Statistician is satisfied that, in the circumstances of the case, it would not be unfair or unreasonable to disclose the data:

(c)

data about a business entity that the Statistician is satisfied is non-sensitive, including (but not limited to) the name, address, and contact details of the business entity, its location, its business type or structure, the industry and sector type it belongs to, and indicators of the size of the business such as the number of employees:

(d)

details of external trade (other than personal information within the meaning of the Privacy Act 2020), including the value and quantities of commodities, countries traded with, ports and airports of departure and arrival, and modes of transport used:

(e)

data about locations of individuals, organisations, and things in a form that could not reasonably be expected to identify any individual:

(f)

data for the purposes of a prosecution or a proposed prosecution under this Act.

(3)

No provision in subsection (2) limits or affects any other provision in that subsection.

(4)

An authorisation by an organisation for the purpose of subsection (2)(a) may be given by a competent officer of the organisation.

(5)

The disclosure of data to a person who has completed a certificate of confidentiality under section 42(3) is not disclosure of data for the purpose of subsection (1).

(6)

This section—

(a)

does not limit any other provision of this Act that provides for the Statistician to publish or otherwise disclose data; and

(b)

applies despite anything in the Customs and Excise Act 2018, sections 17 to 17M of the Tax Administration Act 1994, or any other Act.

(7)

In this section, business entity means any person or body of persons (whether corporate or unincorporated) carrying on any undertaking, whether for gain or reward or not.

Compare: 1975 No 1 ss 37(1), (6), 37A

40 When Statistician may disclose identifying data to individual, public sector agency, or organisation

(1)

The Statistician may disclose identifying data to an individual, public sector agency, or organisation (individual, agency, or organisation A) if—

(a)

the Statistician collected the data from individual, agency, or organisation A under this Act; or

(b)

the Statistician collected the data from another individual, public sector agency, or organisation but individual, agency, or organisation A is authorised, under a provision contained in any legislation (other than this section), to access the data.

(2)

Before disclosing identifying data as described in subsection (1), the Statistician may modify the data.

(3)

Before disclosing identifying data as described in subsection (1)(b), the Statistician must obtain the agreement of the individual, public sector agency, or organisation that provided the identifying data to the Statistician.

(4)

In this section, identifying data means data that identifies any individual or organisation.

41 Disclosure of historical documents

(1)

The Statistician may authorise the disclosure of any document or class of documents that the Statistician has, in consultation with the Chief Archivist, classified as a historical document or a class of historical documents.

(2)

A response to a request made to an individual under Part 3 is, for the purposes of the Public Records Act 2005,—

(a)

a restricted access record, until it is classified as a historical document by the Statistician under this section; and

(b)

an open access record, after it is classified as a historical document by the Statistician under this section.

Compare: 1975 No 1 s 37D

42 Certificate of confidentiality

(1)

An employee of Statistics New Zealand, before commencing their duties, must complete a certificate of confidentiality.

(2)

An individual seeking to access data held by the Statistician for research, before accessing data under Part 5 for the first time, must complete a certificate of confidentiality.

(3)

Any of the following individuals must complete a certificate of confidentiality if the Statistician requires the person to do so:

(a)

an individual (including an employee of a public sector agency) who is engaged in the collection of data for, or engaged in, the production of official statistics:

(b)

an individual who has access to data provided to the Statistician under this Act:

(c)

an individual who is seeking access to data held by Statistics New Zealand for research and has previously completed a certificate of confidentiality under subsection (2).

(4)

Subsections (2) and (3) apply whether or not the individual has given a declaration, certificate, or other undertaking of confidentiality in any form under any other Act.

(5)

A certificate must be in a form, and contain the matters, approved by the Statistician.

(6)

An obligation undertaken in a certificate of confidentiality does not come to an end only because the individual who completed the certificate ceases to—

(a)

hold the employment or contractual position in respect of which they were required to complete the certificate; or

(b)

undertake the activity in accordance with this Act that they were undertaking at the time of completion of the certificate.

(7)

The certificate must be provided to the Statistician or kept in a form acceptable to the Statistician by the individual (or the public sector agency or organisation that employs or appoints, or contracts services from, the individual).

Part 4 Official statistics

43 Matters on which official statistics may be produced

Official statistics may be produced on any matter relating to New Zealand including, without limitation, its economic, social, cultural, and environmental situation.

44 Minister may direct Statistician to produce or cease production of statistics on matter

(1)

The Minister may direct the Statistician to produce statistics, or cease to produce statistics, of any kind.

(2)

The Statistician must comply with a direction given under subsection (1).

(3)

The Statistician must give public notice of any direction by the Minister.

Compare: 1975 No 1 s 15(2)

45 Obligations of public sector agencies

A public sector agency must—

(a)

provide information when requested by the Statistician about the production of official statistics by that agency; and

(b)

raise any material concerns with the Statistician regarding the quality, production, or timeliness of—

(i)

statistics identified in the multi-year data and statistical programme maintained under section 18; or

(ii)

statistics notified to the agency from time to time by the Statistician; and

(c)

when requested by the Statistician, advise the Statistician about data it holds that is being, or is proposed to be, used as a source for official statistics; and

(d)

consult the Statistician before making changes to the data it collects, the data or statistical collections it holds, the content of its data or statistical collections, or the manner of collecting or managing data if those changes could affect—

(i)

the data used by the Statistician or any public sector agency for statistical production; or

(ii)

the statistics produced from data held by the agency; or

(iii)

data that is made available by the Statistician for research under Part 5; and

(e)

within a reasonable time after receiving notice in writing from the Statistician that the Statistician is conducting a review of the production of official statistics, provide any reasonable facilities that are necessary to facilitate completion of the review; and

(f)

when requested by the Statistician, provide information about that agency’s compliance with standards issued under section 90.

Compare: 1975 No 1 ss 5(1), 7(2)

46 Statistician may make official statistics available subject to temporary conditions relating to broadcast, publication, or other disclosure

(1)

The Statistician may make official statistics available to any person or group of persons subject to either or both of the following temporary conditions:

(a)

that the statistics not be broadcast, or published, for a period specified by the Statistician; or

(b)

that for a period specified by the Statistician the statistics not be disclosed to any other person without the permission of the Statistician.

(2)

The Statistician must provide notice in writing of the conditions to the person or group of persons to whom they apply.

(3)

The Statistician must publish information about—

(a)

the persons to whom official statistics have been made available in accordance with this section; and

(b)

what official statistics have been made available; and

(c)

the purposes for which the official statistics have been made available; and

(d)

the conditions imposed under subsection (1).

(4)

Information required to be published under subsection (3) may be published in summary form.

Use of data collected by agreement for research

47 Use of data provided by individual or organisation as described in section 22(c)(i)

(1)

This section applies if data is collected from an individual or organisation as described in section 22(c)(i) for research.

(2)

The data must not be used for the purposes of the production of official statistics unless—

(a)

the Minister approves the use of the data for the production of official statistics; or

(b)

the individual from whom or organisation from which the data was collected authorises the use of the data for the production of official statistics.

Part 5 Access to data for research

Subpart 1—Access to data held by Statistics New Zealand

Authorising access to data for research

48 When Statistician may authorise access to data for research

(1)

The Statistician may authorise an individual, public sector agency, or organisation to access, for research, data that is held by Statistics New Zealand if the Statistician is satisfied that—

(a)

the proposed research is in the public interest (see section 49); and

(b)

the individual, public sector agency, or organisation seeking access to the data is an appropriate researcher (see section 50); and

(c)

the access to the data is subject to appropriate measures to protect the privacy, confidentiality, and security of the data (see section 51); and

(d)

a certificate of confidentiality has been provided to Statistics New Zealand in accordance with section 42(2) by,—

(i)

in the case of an individual, the individual:

(ii)

in the case of a public sector agency or organisation, each individual seeking access to the data on behalf of the public sector agency or organisation; and

(e)

in the case of an individual or organisation that is an overseas person, the requirements of section 52 have been met.

(2)

The Statistician may impose conditions relating to the following on any access authorised under subsection (1):

(a)

access to and use of the data:

(b)

publication or disclosure of the results of the research.

(3)

The Statistician’s decision under this section is subject to any applicable access conditions specified under section 33.

49 Statistician must be satisfied research is in public interest

In determining under section 48(1)(a) whether the proposed research is in the public interest, the Statistician may take into account—

(a)

the nature and extent of any likely benefit to the public from the proposed research; and

(b)

the nature and extent of any likely contribution to the economic, social, cultural, and environmental well-being of Māori (including iwi and hapū) from the proposed research; and

(c)

the nature and extent of any risk to public confidence in the protection of the data or any risk of harm to any individual or organisation from the proposed access; and

(d)

the method by which the Statistician collected the data under section 22; and

(e)

to the extent practicable, information known to the Statistician about—

(i)

the purpose for which the data was originally collected by the Statistician or the individual, public sector agency, or organisation that provided it to the Statistician; and

(ii)

any information provided to any individual, public sector agency, or organisation to which the data relates at the time of that original collection about the purposes for which the data might be used; and

(f)

any other matters that the Statistician considers relevant.

50 Statistician must be satisfied individual, public sector agency, or organisation seeking access to data is appropriate researcher

In determining under section 48(1)(b) whether an individual, public sector agency, or organisation seeking access to data for research is an appropriate researcher, the Statistician—

(a)

must take into account whether the individual, public sector agency, or organisation (or, in the case of a public sector agency or organisation, each individual within the agency or organisation whom the Statistician considers to be a relevant individual) has the experience, knowledge, and skills to—

(i)

access and use the data for the proposed research; and

(ii)

access and use the data in an ethically and culturally appropriate manner; and

(iii)

protect the privacy, confidentiality, and security of the data; and

(b)

may, to the extent relevant, take into account any 1 or more of the following:

(i)

whether the individual, public sector agency, or organisation will engage with the individual, public sector agency, or organisation that provided the data to the Statistician if it is desirable to do so:

(ii)

whether the individual, public sector agency, or organisation has appropriate connections to, understanding of, or support from the individuals who are the subject of the data or the communities to which the data relates:

(iii)

whether the individual, public sector agency, or organisation will share the results of the research with the individuals who are the subject of the data or the communities to which the data relates.

51 Statistician must be satisfied access to data is subject to appropriate measures to protect privacy, confidentiality, and security of data

In determining under section 48(1)(c) whether access to the data is subject to appropriate measures to protect the privacy, confidentiality, and security of the data, the Statistician must take into account—

(a)

the nature of the data and the form in which it is being accessed, including—

(i)

the sensitivity (including cultural sensitivity) of the data; and

(ii)

the likelihood and potential impact of any individual or organisation being identified from the data; and

(b)

the likelihood and potential impact of any individual or organisation being identified from the data in light of the other data that may be available to the individual, public sector agency, or organisation accessing the data; and

(c)

the extent to which the data will be modified by Statistics New Zealand before access is authorised to reduce the risk of any individual or organisation being identified from the data; and

(d)

the manner in which the data will be accessed, stored, and used, including—

(i)

the location where the data will be accessed, stored, and used; and

(ii)

the security and technical safeguards that the individual, public sector agency, or organisation seeking to access the data has in place to ensure that the data remains secure and not subject to unauthorised access; and

(iii)

the means by which the individual, public sector agency, or organisation seeking to access the data will ensure that the data is used in a culturally appropriate and ethical manner and protected from inappropriate use.

52 Additional consideration if overseas person seeking access to data

(1)

If an individual or organisation seeking to access data is an overseas person, the Statistician must consider whether the overseas person is required to protect the data in a way that, overall, provides comparable safeguards to those in this Act, taking into account—

(a)

the laws that apply in the relevant jurisdiction; and

(b)

the relationship between Statistics New Zealand and the overseas person; and

(c)

any means available to the Statistician to ensure that the overseas person complies with any conditions imposed under section 48(2).

(2)

For the purpose of subsection (1)(b) and (c), the Statistician may take into account any agreement entered into between the overseas person and the Statistician or any other individual, public sector agency, or organisation.

(3)

In this Act,—

(a)

an individual is an overseas person if the individual is not present in New Zealand:

(b)

an organisation is an overseas person if—

(i)

the organisation is incorporated outside New Zealand; or

(ii)

the organisation has its head office or principal place of business outside New Zealand; or

(iii)

individuals will access data on behalf of the organisation from outside New Zealand.

53 Statistician must publish information about access to data under this subpart

(1)

The Statistician must publish information about—

(a)

who is accessing data held by Statistics New Zealand in accordance with this subpart; and

(b)

what data is being accessed; and

(c)

the purposes for which the data is being accessed; and

(d)

how the data is being accessed (including any access conditions agreed under section 33); and

(e)

any characteristics of the data being accessed or limitations that may affect the quality of any research using the data.

(2)

Information required to be published under subsection (1) may be published in summary form.

Researcher obligations

54 Researcher obligations in relation to data accessed for research

(1)

An individual, public sector agency, or organisation that is authorised to access data under section 48 (and, in the case of a public sector agency or organisation, each individual within the agency or organisation who has completed a certificate of confidentiality under section 42) must—

(a)

access and use the data only for the research for which access is authorised under section 48(1); and

(b)

comply with any conditions imposed by the Statistician under section 48(2); and

(c)

take all reasonable steps to ensure that any data published or otherwise disclosed is in a form that could not reasonably be expected to identify any individual or organisation; and

(d)

publish or otherwise disclose the results of their research and their methodologies.

(2)

Subsection (1)(c) does not apply if—

(a)

the individual, or, as the case may be, a competent officer of the organisation has authorised in writing to that publication or other disclosure; or

(b)

the Statistician agrees to the publication or disclosure of data and the publication or disclosure of data is of a type described in section 39(2)(b) to (e).

(3)

The publication of results and methodologies under subsection (1)(d) may be in summary form.

(4)

Nothing in subsection (1)(d) requires—

(a)

a public sector agency to disclose data if a request for that data could be refused under section 18 of the Official Information Act 1982 (other than for the reason set out in section 18(d) of that Act); or

(b)

disclosing the data would be contrary to any legislation.

Subpart 2—Access to data held by other public sector agencies

55 Statistician may determine that certain public sector agencies may authorise access for research in accordance with this Part

(1)

This section applies to a public sector agency of a type described in section 7(a) to (e).

(2)

The Statistician may, if requested by the chief executive of the public sector agency, determine that the chief executive may authorise access, for research, to data held by the public sector agency in accordance with section 56.

(3)

A determination under subsection (2) may specify the manner in which the chief executive must notify any person seeking to access data of the chief executive’s intention to authorise access under this Part.

(4)

A determination made under this section is secondary legislation (see Part 3 of the Legislation Act 2019 for publication requirements).

(5)

In this section and section 56, chief executive means,—

(a)

in relation to a public service agency as defined in section 10(a) of the Public Service Act 2020, a public service chief executive as defined in section 5 of that Act:

(b)

in relation to the New Zealand Police, the Commissioner of Police appointed under section 12 of the Policing Act 2008:

(c)

in relation to the New Zealand Defence Force, the Chief of Defence Force:

(d)

in relation to a statutory entity named in Schedule 1 of the Crown Entities Act 2004, its board (as defined in section 10 of that Act):

(e)

in relation to the Reserve Bank, the Governor (as defined in section 5(1) of the Reserve Bank Act 2021).

56 Effect of determination under section 55

(1)

The chief executive of the public sector agency to which a determination under section 55 applies—

(a)

may authorise access for research purposes to data held by the public sector agency in accordance with this section; and

(b)

must, if intending to authorise an individual, organisation, or another public sector agency to access data in accordance with this section, notify that individual, organisation, or public sector agency of their intention to do so in accordance with any requirements specified in the determination.

(2)

Sections 48(1) and (2) and 49 to 52 apply to the chief executive of the public sector agency to which the determination applies with the following modifications:

(a)

all references to the Statistician must be read as references to the chief executive of the public sector agency to which the determination applies; and

(b)

all references to Statistics New Zealand must be read as references to the public sector agency to which the determination applies.

(3)

The following sections (as modified by subsection (4)) apply to an individual, organisation, or public sector agency that is authorised to access data by the chief executive of the public sector agency to which the determination applies following notification in accordance with subsection (1)(b) of the chief executive’s intention to authorise access in accordance with this section:

(a)

section 42(2), (5), and (7) (relating to certificates of confidentiality):

(b)

section 54(1), (2)(a), (3), and (4) (relating to researcher obligations in relation to data accessed for research).

(4)

The sections listed in subsection (3)(a) and (b) must be read as if all references to the Statistician were references to the chief executive of the public sector agency to which the determination applies.

(5)

The chief executive of the public sector agency to which the determination applies must publish information about—

(a)

who is accessing the data held by the public sector agency for research in accordance with this section; and

(b)

what data is being accessed; and

(c)

the purposes for which the data is being accessed; and

(d)

how the data is being accessed; and

(e)

any characteristics of the data being accessed or limitations that may affect the quality of any research using the data.

(6)

Information required to be published under subsection (5) may be published in summary form.

(7)

Nothing in this section limits or affects a provision contained in any legislation that—

(a)

authorises or requires data to be made available; or

(b)

imposes a prohibition or restriction on the availability of data; or

(c)

otherwise regulates the manner in which data may be obtained from or made available by the public sector agency.

Part 6 Offences and enforcement

Subpart 1—Power of entry and inspection

57 Power of entry and inspection

(1)

For the purpose of obtaining any data that the Statistician considers necessary or desirable to enable the Statistician to produce official statistics, the Statistician, or any employee of Statistics New Zealand authorised in writing for the purpose of this section by the Statistician (an authorised employee), may—

(a)

enter any place of business (other than a private dwelling or marae), and may inspect any part of the premises, any goods that are being stored or offered for sale, and any relevant records; and

(b)

require any person who by reason of that person’s role relating to the business has custody of or access to any relevant records to produce for inspection, or facilitate the inspection of, the relevant records within any reasonable period that may be specified by the Statistician or authorised employee.

(2)

The Statistician or authorised employee may exercise the powers under subsection (1) only if—

(a)

the occupier of the place, or, as the case may be, the person referred to in subsection (1)(b), consents; or

(b)

the Statistician or authorised employee obtains a warrant under section 58.

(3)

The provisions of subparts 1, 2, 4, 5, 7, and 10 of Part 4 of the Search and Surveillance Act 2012 (except for sections 118 and 119) apply to the exercise of the power of entry and inspection under this section.

(4)

In this section,—

business means any undertaking whether carried on for gain or reward or not, but does not include a public sector agency

relevant records, in relation to a business, means accounts or records or other business information of the business.

Compare: 1975 No 1 s 35(1), (2)

58 Search warrant

(1)

An issuing officer may, on an application made as specified in subsection (2), issue a search warrant in relation to a place of business or enterprise (other than a private dwelling or marae), if the issuing officer is satisfied that there are reasonable grounds for believing that it is necessary or desirable for the purpose of enabling the Statistician to produce official statistics, to exercise,—

(a)

in relation to any place of business or enterprise, any of the powers in section 57(1)(a); or

(b)

in relation to any person, any of the powers in section 57(1)(b).

(2)

The application referred to in subsection (1)

(a)

may be made only by the Statistician or an authorised employee (as defined in section 57); and

(b)

must be made in the manner provided by subpart 3 of Part 4 of the Search and Surveillance Act 2012.

Compare: 1975 No 1 s 35(3), (4)

59 Data obtained using power of entry treated as data obtained under Act

Data obtained using the powers in section 57 (including under a search warrant issued under section 58) must be treated for all purposes under this Act and any other legislation as data provided to the Statistician under this Act.

Subpart 2—Compliance notices and offences

Compliance notices

60 Interpretation

In sections 61 to 67, authorised person means—

(a)

the Statistician; or

(b)

the chief executive (as defined in section 55(5)) of a public sector agency in respect of which a notice has been given under section 55.

61 Power to issue compliance notice

An authorised person may issue a compliance notice to a person—

(a)

requiring the person to cease doing something being done by the person, or to cause something being done on behalf of that person to cease, if the authorised person has reasonable grounds to believe that the thing being done contravenes Part 5; or

(b)

prohibiting the person from doing something, or from causing something to be done on behalf of that person, if the authorised person has reasonable grounds to believe the thing to be done is likely to contravene Part 5; or

(c)

requiring the person to do something that the authorised person has reasonable grounds to believe is necessary to ensure that the person complies with Part 5.

62 Content

A compliance notice must state—

(a)

the name of the person to whom it is issued; and

(b)

the reasons why the authorised person issued it; and

(c)

the requirement or prohibition in section 61 imposed by the authorised person; and

(d)

one of the following:

(i)

for a requirement, the period within which the action must be taken or must cease, being a reasonable period within which to take the action required or to cease the action; or

(ii)

for a prohibition, the time and date, if any, from which the prohibition is to take effect; and

(e)

the conditions, if any, imposed by the authorised person; and

(f)

the consequences of not complying with the notice; and

(g)

the right of review in section 66; and

(h)

the name and address of the public sector agency whose chief executive issued the notice.

63 Service of compliance notice

(1)

The authorised person must ensure that the compliance notice is served on the person to whom it is issued.

(2)

Section 73(1), (2), and (3)(a) applies with all necessary modifications to the service of a compliance notice as if it were an infringement notice.

(3)

Unless the contrary is shown, a compliance notice sent to a valid electronic address is to be treated as having been served at the time the electronic communication first enters an information system that is outside the control of the public sector agency on behalf of which the compliance notice is issued.

64 Compliance

(1)

The person to whom a compliance notice is issued must—

(a)

comply with the notice; and

(b)

do so within the period stated in the notice, if a period is stated; and

(c)

pay all the costs and expenses of complying with the notice, unless the notice states otherwise.

(2)

This section is subject to the right of review in section 66.

65 Authorised person may amend or cancel compliance notice

(1)

A compliance notice may be amended or cancelled at any time by the authorised person who issued it.

(2)

The power in subsection (1) is subject to any decision under section 66.

66 Review of compliance notice

(1)

A person to whom a compliance notice is issued may apply to the authorised person who issued it for a review of the notice.

(2)

The application must state—

(a)

the reasons why the applicant thinks the notice should be reviewed; and

(b)

the outcome the applicant is seeking.

(3)

The compliance notice remains in force until the decision on the review is notified to the applicant under section 67.

67 How review must be conducted

(1)

The authorised person who issued the compliance notice must ensure that the review applied for under section 66 is conducted by a person (the reviewer) who was not involved in issuing the compliance notice concerned.

(2)

The reviewer must review the compliance notice on the papers within 20 working days after the date on which the application for review was lodged.

(3)

The reviewer may—

(a)

confirm or vary the compliance notice; or

(b)

cancel the compliance notice; or

(c)

cancel the compliance notice and substitute another compliance notice that the reviewer considers appropriate.

(4)

The reviewer must give the applicant written notice of the reviewer’s decision.

Procedure for infringement offences

68 Interpretation

In sections 69 to 73,—

authorised person means—

(a)

the Statistician; or

(b)

the chief executive of a public sector agency that is authorised under section 25 to request data on behalf of the Statistician.

69 Infringement offences

(1)

A person who is alleged to have committed an infringement offence may—

(a)

be proceeded against by the filing of a charging document under section 14 of the Criminal Procedure Act 2011; or

(b)

be issued with an infringement notice under section 70.

(2)

Proceedings commenced in the way described in subsection (1)(a) do not require the leave of a District Court Judge or Registrar under section 21(1)(a) of the Summary Proceedings Act 1957.

(3)

See section 21 of the Summary Proceedings Act 1957 for the procedure that applies if an infringement notice is issued.

70 When infringement notice may be issued

An authorised person may issue an infringement notice to a person if the authorised person believes on reasonable grounds that the person is committing, or has committed, an infringement offence.

71 Revocation of infringement notice before payment made

(1)

An authorised person may revoke an infringement notice before—

(a)

the infringement fee is paid; or

(b)

an order for payment of a fine is made or deemed to be made by a court under section 21 of the Summary Proceedings Act 1957.

(2)

The authorised person must take reasonable steps to ensure that the person to whom the notice was issued is made aware of the revocation of the notice.

(3)

The revocation of an infringement notice before the infringement fee is paid is not a bar to any further action as described in section 69(1)(a) or (b) against the person to whom the notice was issued in respect of the same matter.

72 What infringement notice must contain

An infringement notice must be in the form prescribed in the regulations and must contain the following particulars:

(a)

details of the alleged infringement offence that fairly inform a person of the time, place, and nature of the alleged offence:

(b)

the amount of the infringement fee:

(c)

the name and address of the agency whose chief executive issued the notice:

(d)

how the infringement fee may be paid:

(e)

the time within which the infringement fee must be paid:

(f)

a summary of the provisions of section 21(10) of the Summary Proceedings Act 1957:

(g)

a statement that the person served with the notice has a right to request a hearing:

(h)

a statement of what will happen if the person served with the notice neither pays the infringement fee nor requests a hearing:

(i)

any other matters prescribed in the regulations.

73 How infringement notice may be served

(1)

An infringement notice may be served on the person who the authorised person believes is committing or has committed the infringement offence by—

(a)

delivering it to the person or, if the person refuses to accept it, bringing it to the person’s notice; or

(b)

leaving it for the person at the person’s last known place of residence with another person who appears to be of or over the age of 14 years; or

(c)

leaving it for the person at the person’s place of business or work with another person; or

(d)

sending it to the person by prepaid post addressed to the person’s last known place of residence or place of business or work; or

(e)

sending it to an electronic address of the person in any case where the person does not have a known place of residence or business in New Zealand.

(2)

Service on an officer of a body, or on the body’s registered office, is deemed to be service on the body.

(3)

Unless the contrary is shown,—

(a)

an infringement notice (or a copy of it) sent by prepaid post to a person under subsection (1) is to be treated as having been served on that person on the fifth working day after the date on which it was posted; and

(b)

an infringement notice sent to a valid electronic address is to be treated as having been served at the time the electronic communication first enters an information system that is outside the control of the authorised person.

74 Payment of infringement fees

All infringement fees paid for infringement offences must be paid into a Crown Bank Account.

75 Reminder notices

A reminder notice must be in the form prescribed in the regulations, and must include the same particulars, or substantially the same particulars, as the infringement notice.

Offences relating to failure to provide data

76 Failing or refusing to provide data

(1)

A person commits an offence if the person—

(a)

intentionally fails or refuses to comply with section 29(1):

(b)

intentionally fails or refuses to comply with a requirement imposed under section 57(1)(b).

(2)

It is not a defence to a prosecution under this section that neither a copy of, nor other details of how to access and respond to, a request made by the Statistician under section 23 as part of the census was delivered or given to the defendant.

(3)

A person who commits an offence against subsection (1) is liable on conviction to a fine not exceeding,—

(a)

in the case of an individual, $2,000; and

(b)

in any other case, $12,000.

Compare: 1975 No 1 ss 43(1), 25(3)

77 False or misleading statement

(1)

A person commits an offence if the person knowingly makes a false or misleading statement or knowingly makes any material omission when responding to—

(a)

a request for data made to the person under Part 3; or

(b)

a requirement imposed under section 57(1)(b).

(2)

A person who commits an offence against subsection (1) is liable on conviction to a fine not exceeding,—

(a)

in the case of an individual, $2,000; and

(b)

in any other case, $12,000.

Compare: 1975 No 1 s 44

Offences relating to obligation to protect data

78 Breach of certificate of confidentiality

(1)

A person commits an offence if the person, having completed a certificate of confidentiality under section 42,—

(a)

knowingly breaches the certificate of confidentiality; or

(b)

knowingly makes a false statement about whether the person has breached the certificate of confidentiality.

(2)

A person who commits an offence against subsection (1) is liable on conviction to a fine not exceeding,—

(a)

in the case of an individual, $5,000; and

(b)

in any other case, $15,000.

Compare: 1975 No 1 s 40(a), (c)

79 Wrongfully obtaining data while performing duty or function or exercising power under Act

(1)

A person commits an offence if, while performing, or purporting to perform, any duty or function, or exercising, or purporting to exercise, any power under this Act, the person intentionally obtains, or seeks to obtain, data knowing that the person is not authorised to obtain it.

(2)

A person who commits an offence against subsection (1) is liable on conviction to a fine not exceeding,—

(a)

in the case of an individual, $5,000; and

(b)

in any other case, $15,000.

Compare: 1975 No 1 s 40(b)

80 Acting contrary to obligations under section 54

(1)

A person who is authorised under section 48 to access data for research commits an offence if the person—

(a)

knowingly contravenes section 54(1)(a) or (b); or

(b)

knowingly publishes or discloses data—

(i)

knowing that the reasonable steps required by section 54(1)(c) have not been taken; or

(ii)

being reckless as to whether the reasonable steps required by section 54(1)(c) have been taken.

(2)

A person who commits an offence against subsection (1) is liable on conviction to a fine not exceeding,—

(a)

in the case of an individual, $5,000; and

(b)

in any other case, $15,000.

Compare: 1975 No 1 s 45A

81 Giving or obtaining unauthorised access to data

(1)

A person commits an offence if the person—

(a)

is authorised under section 48 to access data for research; and

(b)

discloses data obtained under that authority to any other person—

(i)

knowing that the other person is not authorised under section 48 to access the data for research; or

(ii)

being reckless as to whether the other person is authorised under section 48 to access the data for research.

(2)

A person (person A) commits an offence if—

(a)

person A knowingly obtains data from a person (person B) who is authorised under section 48 to access data for research; and

(b)

person A knows that, when person B provided the data, person B—

(i)

knew that person A was not authorised under section 48 to access the data for research; or

(ii)

was reckless as to whether person A was authorised under section 48 to access the data for research; and

(c)

person A retains or uses the data.

(3)

A person who commits an offence against subsection (1) or (2) is liable on conviction to a fine not exceeding,—

(a)

in the case of an individual, $5,000; and

(b)

in any other case, $15,000.

Other offences

82 Penalties for non-compliance with compliance notice

(1)

A person commits an offence if, without reasonable excuse, the person fails to comply with section 64(1)(a) or (b).

(2)

A person who commits an offence against this section is liable on conviction to a fine not exceeding,—

(a)

in the case of an individual, $5,000; or

(b)

in any other case, $15,000.

83 Mutilation or defacement, etc, of data or request

(1)

A person commits an offence if the person knowingly or recklessly destroys, defaces, removes, mutilates, or renders unusable—

(a)

a request for data made under Part 3; or

(b)

data provided in response to a request under Part 3.

(2)

A person who commits an offence against subsection (1) is liable on conviction to a fine not exceeding,—

(a)

in the case of an individual, $5,000; and

(b)

in any other case, $15,000.

84 Obstruction of Statistician or employee of Statistics New Zealand

(1)

A person commits an offence if the person intentionally interferes with, hinders, or obstructs the Statistician or any employee of Statistics New Zealand in the exercise of any power conferred by this Act.

(2)

A person who commits an offence against this section is liable on conviction to a fine not exceeding,—

(a)

in the case of an individual, $5,000; or

(b)

in any other case, $15,000.

Compare: 1975 No 1 s 41

85 Impersonation of Statistician or employee of Statistics New Zealand

(1)

A person commits an offence if the person, not being an employee of Statistics New Zealand, by words, conduct, or demeanour pretends that the person is an employee of Statistics New Zealand or assumes the name, designation, or description of an employee of Statistics New Zealand.

(2)

A person who commits an offence against this section is liable on conviction to a fine not exceeding,—

(a)

in the case of an individual, $5,000; or

(b)

in any other case, $15,000.

Compare: 1975 No 1 s 42

86 Deceiving Statistician or employee of Statistics New Zealand

(1)

A person commits an offence if the person wilfully deceives or attempts to deceive the Statistician or any employee of Statistics New Zealand in the exercise or performance by the Statistician or employee of any of the Statistician’s powers, duties, or functions under this Act.

(2)

A person who commits an offence against this section is liable on conviction to a fine not exceeding,—

(a)

in the case of an individual, $5,000; or

(b)

in any other case, $15,000.

Compare: 1975 No 1 s 46(b)

87 Penalties for non-compliance with condition imposed under section 46

(1)

A person commits an offence if the person—

(a)

is a person to whom (or is in a group of persons to which) any condition applies under section 46; and

(b)

without reasonable excuse, fails to comply with the condition.

(2)

A person who commits an offence against this section is liable on conviction to a fine not exceeding,—

(a)

in the case of an individual, $5,000; or

(b)

in any other case, $15,000.

Infringement offences

88 Infringement offence for failing to provide data

A person who fails to comply with section 29(1) commits an infringement offence and is liable to—

(a)

an infringement fee of the amount prescribed in the regulations; or

(b)

a fine imposed by a court not exceeding the amount prescribed in the regulations.

89 Infringement offence for failing to obtain request for data in census

A person who fails to comply with section 38 commits an infringement offence and is liable to—

(a)

an infringement fee of the amount prescribed in the regulations; or

(b)

a fine imposed by a court not exceeding the amount prescribed in the regulations.

Part 7 General and miscellaneous provisions

Subpart 1—General provisions

90 Statistician may provide written standards

(1)

The Statistician may provide written standards in relation to—

(a)

the production and communication of official statistics; and

(b)

data or statistical collections held by public sector agencies that—

(i)

could be used by the Statistician or any public sector agency for statistical production; or

(ii)

could be made available by the Statistician for research under Part 5; and

(c)

the manner of collecting or managing data that—

(i)

could be used by the Statistician or any public sector agency for statistical production; or

(ii)

could be made available by the Statistician for research under Part 5; and

(d)

the access and use of data for research under Part 5 and the publication of results and methodologies of the research.

(2)

The Statistician may apply the whole or any part of the standards, with any variations that the Statistician thinks fit in any particular case, to the following by written notice to each agency concerned:

(a)

all public sector agencies; or

(b)

particular public sector agencies or classes of public sector agencies.

(3)

The standards applied under subsection (2) are guidance for the agencies to which they apply.

(4)

Despite subsection (3), the Statistician may specify in a notice under subsection (2) that the whole or any part of any standard, subject to any variations specified by the Statistician under that subsection, is a mandatory requirement.

91 Engagement with Māori on written standards

Before providing standards under section 90, the Statistician must engage with Māori in ways that the Statistician is satisfied will promote the fulfilment of the Statistician’s duty in section 14(a).

92 Restrictions on delegation by chief executive of public sector agency of certain powers under Act

(1)

The chief executive of a public sector agency that is authorised under section 25 to request data on behalf of the Statistician must not delegate to a person outside the public service (as described in clause 2(5) of Schedule 6 of the Public Service Act 2020) the power to issue an infringement notice under Part 6.

(2)

The chief executive of a public sector agency in respect of which a notice has been given under section 55 must not delegate to a person outside the public service (as described in clause 2(5) of Schedule 6 of the Public Service Act 2020) the power to issue a compliance notice under Part 6.

(3)

This section applies despite clauses 2 to 4 of Schedule 6 of the Public Service Act 2020.

93 Annual report

(1)

The Statistician must, as soon as practicable after the close of each financial year, provide to the Minister a report on the administration of this Act.

(2)

The report must include information about actions taken by the Statistician to fulfil the Statistician’s duties under section 14.

(3)

The Minister must present the annual report to the House of Representatives as soon as practicable after the Minister receives it.

(4)

In this section, financial year has the meaning given to it in section 2(1) of the Public Finance Act 1989.

94 Data is privileged

(1)

The following must not be disclosed, or used as evidence, in any proceedings:

(a)

data collected by the Statistician under this Act:

(b)

data that was provided to the Statistician in response to a request under section 23 or 26 and that is in the possession of an individual who, or organisation or public sector agency that, provided it.

(2)

Subsection (1) does not apply in relation to data provided to the Statistician in response to a request under section 23 or 26 if the individual, organisation, or public sector agency that provided it agrees to its disclosure.

(3)

No individual who has completed a certificate of confidentiality under section 42 is compellable in any proceedings to—

(a)

give oral testimony regarding the content of any data obtained or accessed under this Act; or

(b)

produce any document or record with respect to the content of the data.

(4)

Subsections (1) and (3)(b) do not apply if the disclosure, use, or production is—

(a)

in respect of a prosecution under this Act; or

(b)

otherwise permitted under section 39 or 41.

Compare: 1975 No 1 s 38

95 Time for filing charging document

Despite anything to the contrary in section 25 of the Criminal Procedure Act 2011, no charging document may be filed in respect of an offence against this Act after the date that is 12 months after the date on which the offence was committed.

Compare: 1975 No 1 s 48

96 Evidence in proceedings for offences

In any proceedings for an offence against this Act, a certificate by the Statistician that under section 28(3) the Minister has approved a request for data is, in the absence of proof to the contrary, sufficient evidence that the Minister has approved the request.

Compare: 1975 No 1 s 46A

97 Obligation continues even if data not provided by particular time

(1)

Subsection (2) applies if—

(a)

an obligation is imposed on an individual, public sector agency, or organisation under Part 3 to provide data before a particular time; or

(b)

a person is required to comply with a requirement imposed under section 57(1)(b) before a particular time.

(2)

The obligation to provide the data or comply with the requirement continues even if the obligation or requirement has not been complied with at or before the particular time referred to in subsection (1).

Compare: 1975 No 1 s 43(2A)

98 Proof of signature of Statistician and certain other persons

(1)

The written, printed, or electronic signature of any of the following may be used on any document in relation to the exercise or performance by that person of the person’s powers, duties, and functions under this Act:

(a)

the Statistician:

(b)

the chief executive of a public sector agency that is authorised under section 25 to request data on behalf of the Statistician:

(c)

the chief executive of a public sector agency in respect of which a notice has been given under section 55.

(2)

An electronic signature referred to in subsection (1) must—

(a)

adequately identify the signatory and adequately indicate the signatory’s approval of the information to which the signature relates; and

(b)

be as reliable as is appropriate given the purpose for which, and the circumstances in which, the signature is required.

(3)

Any document purporting to bear the written, printed, or electronic signature of a person referred to in subsection (1) is, until the contrary is proved, to be treated as having been duly signed by the person whose signature it purports to bear.

(4)

Judicial notice must be taken of every signature referred to in this section and of the fact that the person whose signature it purports to be holds or has held the office referred to in subsection (1)(a), (b), or (c), as the case may be.

99 Regulations

(1)

The Governor-General may, by Order in Council, make regulations for the following purposes:

(a)

prescribing fees for infringement offences under this Act, which,—

(i)

in the case of an individual, must not exceed $1,000; and

(ii)

in any other case, must not exceed $3,000:

(b)

prescribing maximum fines for infringement offences under this Act, which,—

(i)

in the case of an individual, must not exceed $2,000; and

(ii)

in any other case, must not exceed $6,000:

(c)

prescribing infringement notices and reminder notices:

(d)

providing for anything this Act says may or must be provided for by regulations:

(e)

providing for anything incidental that is necessary for carrying out, or giving full effect to, this Act.

(2)

Regulations made under this section are secondary legislation (see Part 3 of the Legislation Act 2019 for publication requirements).

Subpart 2—Amendments to enactments, repeals, and revocations

100 Repeal

The Statistics Act 1975 (1975 No 1) is repealed.

Amendment to Official Information Act 1982

101 Principal Act

Section 102 amends the Official Information Act 1982.

102 Section 2 amended (Interpretation)

In section 2(1), definition of official information, after paragraph (l), insert:

(m)

does not include information provided to the Government Statistician solely for research by or on behalf of an individual or an organisation (as defined in section 6 of the Data and Statistics Act 2021).

Amendment to Summary Proceedings Act 1957

103 Principal Act

Section 104 amends the Summary Proceedings Act 1957.

104 Section 2 amended (Interpretation)

In section 2(1), definition of infringement notice, after paragraph (jg), insert:

(jh)

section 70 of the Data and Statistics Act 2021; or

Compare: SC 14

Other amendments and revocation

105 Other amendments and revocation

(1)

Amend the Acts specified in Schedules 2 and 3 and Part 1 of Schedule 4 as set out in those schedules.

(2)

Amend the secondary legislation specified in Part 2 of Schedule 4 as set out in that schedule.

(3)

The Education (Statistics New Zealand Authorised to Use National Student Numbers) Regulations 2008 (SR 2008/134) are revoked.

Schedule 1 Transitional, savings, and related provisions

s 8

Part 1 Provisions relating to this Act as enacted

1 Interpretation

In this Part,—

commencement date means the date on which this Act comes into force

former Act means the Statistics Act 1975.

2 Multi-year data and statistical programme

For the purpose of section 18(1), the Statistician must establish the first multi-year data and statistical programme as soon as practicable after the commencement date.

3 Declarations

A person who, before the commencement date, made a declaration of secrecy under section 21 of the former Act is to be treated for the purpose of this Act as having completed a certificate of confidentiality under section 42.

4 Application of Act to 2023 census

(1)

Consultation carried out by the Statistician before the commencement date in relation to the 2023 census is treated as consultation for the purpose of section 34.

(2)

Section 35 does not apply to the 2023 census.

5 Information collected under former Act

This Act applies to information collected by the Statistician under the former Act as if it were data collected by the Statistician under this Act.

6 Decisions of Minister and other matters under former Act

(1)

Any agreement between the Statistician and a government department, local authority, or statutory body made in accordance with section 9 of the former Act and in effect immediately before the commencement date is to be treated as an agreement entered into with the approval of the Minister under section 24.

(2)

Any approval given by the Minister under section 6(1) of the former Act is to be treated as an approval given under section 28 to collect the same information.

(3)

Any direction of the Minister of a kind referred to in section 15(2) of the former Act and in effect immediately before the commencement date is to be treated as a direction of the Minister given under section 44(1).

7 Research or statistical projects for which information disclosed under former Act

(1)

This clause applies if before the commencement date the Statistician disclosed information in accordance with section 37C of the former Act for a research or statistical project.

(2)

The former Act applies in respect of the research or statistical project as if this Act had not been enacted.

Schedule 2 Amendments to Acts relating to provision of data to Statistician

s 105(1)

Biosecurity Act 1993 (1993 No 95)

After section 100ZC(5), insert:

(6)

Nothing in a readiness or response levy order limits or prevents the provision of information to the Government Statistician for the production of official statistics or research under the Data and Statistics Act 2021.

After section 142C(2)(h), insert:

(i)

to provide it to the Government Statistician for the production of official statistics or research under the Data and Statistics Act 2021.

Citizenship Act 1977 (1977 No 61)

After section 26C, insert:

26D Provision of information to Government Statistician

Nothing in this Act limits or prevent the provision of information recorded under this Act to the Government Statistician for the production of official statistics or research under the Data and Statistics Act 2021.

Commodity Levies Act 1990 (1990 No 127)

In section 7, insert as subsection (2):

(2)

Nothing in a levy order limits or prevents the provision of information to the Government Statistician for the production of official statistics or research under the Data and Statistics Act 2021.

Education and Training Act 2020 (2020 No 38)

In Schedule 24, after clause 5, insert:

6 National student numbers may be provided to Government Statistician

Nothing in this schedule limits or prevents the provision of information (including national student numbers) to the Government Statistician for the production of official statistics or research under the Data and Statistics Act 2021.

Electoral Act 1993 (1993 No 87)

After section 112, insert:

112A Provision of electoral information to Government Statistician

(1)

Nothing in this Act limits or prevents the provision of any of the following information to the Government Statistician for the production of official statistics or research under the Data and Statistics Act 2021:

(a)

a list of electors in a particular age group as defined in section 114(9):

(b)

a list of electors of Māori descent:

(c)

a list of electors whose birthdays fall within a period of 12 months:

(d)

a list of electors as at a date specified by the Statistician:

(e)

a list of electors on the dormant roll:

(f)

in relation to each elector on a list described in paragraphs (a) to (e), the elector’s name, date of birth, postal address, residential address, occupation (if any), preferred honorific (if any), and meshblock:

(g)

information about any elector appearing to be entitled to vote in—

(i)

1 or more named electoral districts; or

(ii)

all electoral districts; or

(iii)

1 or more named regions or constituencies of a region; or

(iv)

1 or more named territorial authority districts; or

(v)

1 or more named wards; or

(vi)

1 or more named community board areas; or

(vii)

1 or more named local board areas:

(h)

any other information that the Electoral Commission agrees to provide to the Government Statistician for the production of official statistics or research.

(2)

Despite subsection (1), the Electoral Commission must not provide to the Government Statistician information that is subject to a direction under section 115(1).

Energy Efficiency and Conservation Act 2000 (2000 No 14)

After section 38(5), insert:

(5A)

Nothing in this section limits or prevents the provision of information to the Government Statistician for the production of official statistics or research under the Data and Statistics Act 2021.

Forests Act 1949 (1949 No 19)

After section 15B(5), insert:

(6)

Nothing in this section limits or prevents the provision of information to the Government Statistician for the production of official statistics or research under the Data and Statistics Act 2021.

National Animal Identification and Tracing Act 2012 (2012 No 2)

After section 23A, insert:

23B Provision of information to Government Statistician

Nothing in this Act limits, prevents, or permits a fee to be charged for, the provision of information to the Government Statistician for the production of official statistics or research under the Data and Statistics Act 2021.

Schedule 3 Amendments relating to references to products published by Statistics New Zealand

s 105(1)

Part 1Amendments to Acts

Accident Compensation Act 2001 (2001 No 49)

In section 6(1), insert in its appropriate alphabetical order:

Consumers Price Index means the Consumers Price Index (all groups) published by Statistics New Zealand or, if that index ceases to be published, any measure certified by the Government Statistician as being equivalent to that index

In section 116, replace “Consumer” with “Consumers” in each place.

In section 388(4)(a), replace “Consumer” with “Consumers”.

Child Support Act 1991 (1991 No 142)

In section 2(1), insert in its appropriate alphabetical order:

Consumers Price Index means the Consumers Price Index (all groups) published by Statistics New Zealand or, if that index ceases to be published, any measure certified by the Government Statistician as being equivalent to that index

In section 2(1), definition of inflation percentage, delete “New Zealand”.

In section 112(4)(b) and (8), replace “New Zealand Consumer” with “Consumers”.

In section 236(1)(a), after “combined)”, insert “ or any measure certified by the Government Statistician as being equivalent to that index”.

In section 236(1)(b) and (2)(b)(ii), replace “the all groups index number of the Consumer” with “the index number of the Consumers”.

In Schedule 3, replace the item below the table relating to average weekly earnings with:

* Average weekly earnings (for all industries, males and females combined), published by Statistics New Zealand (or if that index ceases to be published, any measure certified by the Government Statistician as being equivalent to that index) for the June quarter in the immediately preceding child support year. The weekly earnings are annualised.

Commerce Act 1986 (1986 No 5)

In section 2(1), insert in its appropriate alphabetical order:

Consumers Price Index means the Consumers Price Index (all groups) published by Statistics New Zealand or, if that index ceases to be published, any measure certified by the Government Statistician as being equivalent to that index

In section 53O(b), replace “Consumer” with “Consumers”.

In section 55F(2), replace “New Zealand Consumer” with “Consumers”.

Companies Act 1993 (1993 No 105)

In Schedule 7, clause 3(2)(c), replace “Quarterly Employment Survey published by Statistics New Zealand (or, if that survey ceases to be published, any measure certified by the Government Statistician as an equivalent to that survey)” with “QES”.

In Schedule 7, clause 3(2)(g), replace “Quarterly Employment Survey” with “QES”.

In Schedule 7, after clause 3(4)(c), insert:

(d)

QES means the Quarterly Employment Survey published by Statistics New Zealand or, if that survey ceases to be published, any measure certified by the Government Statistician as being an equivalent to that survey.

Customs and Excise Act 2018 (2018 No 4)

In Schedule 3, clause 21(4),—

(a)

replace “Index number of the Consumers Price Index All Groups excluding credit services issued by the Government Statistician” with “index number of the Consumers Price Index (less credit services subgroup)”; and

(b)

replace “Index number of the quarterly Consumers Price Index All Groups excluding credit services issued by the Government Statistician” with “index number of the Consumers Price Index (less credit services subgroup)”.

In Schedule 3, clause 21(6), insert in its appropriate alphabetical order:

Consumers Price Index (less credit services subgroup) means the Consumers Price Index (less credit services subgroup) published by Statistics New Zealand or, if that index ceases to be published, any measure certified by the Government Statistician as being equivalent to that index

Education and Training Act 2020 (2020 No 38)

In section 645(10), replace the definition of CPI with:

CPI means the Consumers Price Index (all groups) published by Statistics New Zealand or, if that index ceases to be published, any measure certified by the Government Statistician as being equivalent to that index

Electoral Act 1993 (1993 No 87)

Replace section 266A(7) with:

(7)

In this section, CPI means the Consumers Price Index (all groups) published by Statistics New Zealand or, if that index ceases to be published, any measure certified by the Government Statistician as being equivalent to that index.

Financial Reporting Act 2013 (2013 No 101)

Replace section 48(5) with:

(5)

In this section, CPI means the Consumers Price Index (all groups) published by Statistics New Zealand or, if that index ceases to be published, any measure certified by the Government Statistician as being equivalent to that index.

Government Superannuation Fund Act 1956 (1956 No 47)

In section 2(1), insert in its appropriate alphabetical order:

Consumers Price Index means the Consumers Price Index (all groups) published by Statistics New Zealand or, if that index ceases to be published, any measure certified by the Government Statistician as being equivalent to that index.

In section 61L(6), (7)(b), and (8), replace “all groups index number of the New Zealand Consumer” with “index number of the Consumers” in each place.

In section 61Q(7),—

(a)

replace “all groups index number of the New Zealand Consumer” with “index number of the Consumers”; and

(b)

replace “all groups index number of the Consumer” with “index number of the Consumers”.

In section 61R(9)(b), replace “all groups index number of the New Zealand Consumer” with “index number of the Consumers”.

In section 61S(7)(b), replace “all groups index number of the New Zealand Consumer” with “index number of the Consumers”.

In section 71K(9)(b)(ii), replace “all groups index number of the New Zealand Consumer” with “index number of the Consumers”.

In section 81O(6),—

(a)

replace “all groups index number of the New Zealand Consumer” with “index number of the Consumers”; and

(b)

replace “all groups index number of the Consumer” with “index number of the Consumers”.

In section 81T(a), replace “all groups index number of the New Zealand Consumer” with “index number of the Consumers”.

In section 86E(8), replace “all groups index number of the New Zealand Consumer” with “index number of the Consumers” in each place.

In section 88P(2)(b), replace “all groups index number of the New Zealand Consumer” with “index number of the Consumers”.

Government Superannuation Fund Amendment Act 1969 (1969 No 38)

In section 5(1A), (1C), and (1D), replace “all groups index number of the New Zealand Consumers” with “index number of the Consumers” in each place.

After section 5(5), insert:

(6)

In this section, Consumers Price Index means the Consumers Price Index (all groups) published by Statistics New Zealand or, if that index ceases to be published, any measure certified by the Government Statistician as being equivalent to that index.

Income Tax Act 2007 (2007 No 97)

In section EY 28(8)(b)(i) and (c)(ii), replace “consumer price index” with “Consumers Price Index (all groups)”.

After section EY 28(8), insert:

(9)

In this section, Consumers Price Index (all groups) means the Consumers Price Index (all groups) published by Statistics New Zealand or, if that index ceases to be published, any measure certified by the Government Statistician as being equivalent to that index.

In section EY 30(2)(c), (3)(e)(i), and (5BA)(c), replace “consumer price index” with “Consumers Price Index (all groups)”.

After section EY 30(15), insert:

(16)

In this section, Consumers Price Index (all groups) means the Consumers Price Index (all groups) published by Statistics New Zealand or, if that index ceases to be published, any measure certified by the Government Statistician as being equivalent to that index.

In section MF 7(1), (2), (2BA), and (2B), replace “New Zealand Consumers Price Index” with “Consumers Price Index (all groups)” in each place.

In section MF 7(2B), replace “New Zealand Consumers Price Index all groups excluding cigarettes and other tobacco products” with “Consumers Price Index (less cigarettes and tobacco subgroup)” in each place.

After section MF 7(5), insert:

Definitions

(6)

In this section,—

Consumers Price Index (all groups) means the Consumers Price Index (all groups) published by Statistics New Zealand or, if that index ceases to be published, any measure certified by the Government Statistician as being equivalent to that index

Consumers Price Index (less cigarettes and tobacco subgroup) means the Consumers Price Index (less cigarettes and tobacco subgroup) published by Statistics New Zealand or, if that index ceases to be published, any measure certified by the Government Statistician as being equivalent to that index.

Infrastructure Funding and Financing Act 2020 (2020 No 47)

In section 92(2), delete “(All Groups) published by Statistics New Zealand”.

After section 92(2), insert:

(3)

In this section, Consumers Price Index means the Consumers Price Index (all groups) published by Statistics New Zealand or, if that index ceases to be published, any measure certified by the Government Statistician as being equivalent to that index.

Insolvency Act 2006 (2006 No 55)

In section 3, insert in its appropriate alphabetical order:

Consumers Price Index means the Consumers Price Index (all groups) published by Statistics New Zealand or, if that index ceases to be published, any measure certified by the Government Statistician as being equivalent to that index

In section 158(4), replace “New Zealand Consumers” with “Consumers”.

In section 164(2), replace “Consumer” with “Consumers”.

In section 276(2)(c), replace “Quarterly Employment Survey published by Statistics New Zealand (or, if that survey ceases to be published, a survey certified by the Government Statistician as an equivalent to that survey)” with “QES”.

In section 276(2)(g), replace “Quarterly Employment Survey” with “QES”.

After section 276(4)(c), insert:

(d)

QES means the Quarterly Employment Survey published by Statistics New Zealand or, if that survey ceases to be published, any measure certified by the Government Statistician as being equivalent to that survey.

In section 343(4), replace “New Zealand Consumers” with “Consumers”.

In section 363(3), replace “Consumer” with “Consumers”.

In Schedule 1AA, clause 12, replace “New Zealand Consumers” with “Consumers”.

Legislation Act 2019 (2019 No 58)

In section 96(3)(b), replace “New Zealand Consumers” with “Consumers”.

After section 96(3), insert:

(3A)

In subsection (3)(b), Consumers Price Index means the Consumers Price Index (all groups) published by Statistics New Zealand or, if that index ceases to be published, any measure certified by the Government Statistician as being equivalent to that index.

Local Government Act 2002 (2002 No 84)

In section 106(2C)(a)(i), replace “Producers Price Index Outputs for Construction provided by Statistics New Zealand” with “PPI”.

Replace section 106(7) with:

(7)

In this section,—

capital expenditure includes any funding provided by a responsible levy authority to contribute to the construction costs of eligible infrastructure that has been, or is intended to be, transferred to the authority under section 90 of the Infrastructure Funding and Financing Act 2020

PPI means the Producers Price Index Outputs for Construction provided by Statistics New Zealand or, if that index ceases to be published, any measure certified by the Government Statistician as being equivalent to that index.

In section 259(3)(a)(ii), after “Consumers Price Index”, insert: “(all groups) or, if that index ceases to be published, any measure certified by the Government Statistician as being equivalent to that index”.

New Zealand Superannuation and Retirement Income Act 2001 (2001 No 84)

In section 15(1), replace the definition of CPI with:

Consumers Price Index (all groups) means the Consumers Price Index (all groups) published by Statistics New Zealand or, if that index ceases to be published, any measure certified by the Government Statistician as being equivalent to that index

In section 15(2) and (2A), replace “CPI” with “Consumers Price Index (all groups)” in each place.

In section 15(2A)(a), replace “consumers price index-all groups published by Statistics New Zealand” with “Consumers Price Index (all groups)”.

In section 15(2A)(b), replace “consumers price index-all groups excluding cigarettes and other tobacco products published by Statistics New Zealand” with “Consumers Price Index (less cigarettes and tobacco subgroup) published by Statistics New Zealand or, if that index ceases to be published, any measure certified by the Government Statistician as being equivalent to that index”.

In section 16(1)(a), replace “Quarterly Employment Survey of wages published by the Department of Statistics” with “QES”.

Replace section 16(2) with:

(2)

In this section,—

earner levies means the levies payable under section 219(1) of the Accident Compensation Act 2001

QES means the Quarterly Employment Survey of wages published by Statistics New Zealand or, if that survey ceases to be published, any measure certified by the Government Statistician as being equivalent to that survey.

Oranga Tamariki Act 1989 (1989 No 24)

In section 363(5) and (6), replace “CPI” with “Consumers Price Index (all groups)” in each place.

In section 363(6)(a), replace “consumers price index-all groups published by Statistics New Zealand” with “Consumers Price Index (all groups)”.

In section 363(6)(b), replace “consumers price index-all groups excluding cigarettes and other tobacco products published by Statistics New Zealand” with “Consumers Price Index (less cigarettes and tobacco subgroup) published by Statistics New Zealand or, if that index ceases to be published, any measure certified by the Government Statistician as being equivalent to that index”.

Replace section 363(9) with:

(9)

In this section, Consumers Price Index (all groups) means the Consumers Price Index (all groups) published by Statistics New Zealand or, if that index ceases to be published, any measure certified by the Government Statistician as being equivalent to that index.

Public Works Act 1981 (1981 No 35)

In section 72E(2)(c), replace “New Zealand Consumer Price Index” with “Consumers Price Index (all groups) published by Statistics New Zealand or, if that index ceases to be published, any measure certified by the Government Statistician as being equivalent to that index”.

Residential Care and Disability Support Services Act 2018 (2018 No 33)

In the heading to section 75, delete New Zealand.

In section 75(1), (2), and (3)(a), replace “Consumers Price Index (All Groups) published by Statistics New Zealand” with “Consumers Price Index (all groups)”.

In section 75(3)(b), replace “(All Groups Excluding Cigarettes and Other Tobacco Products) published by Statistics New Zealand” with “(less cigarettes and tobacco subgroup) published by Statistics New Zealand or, if that index ceases to be published, any measure certified by the Government Statistician as being equivalent to that index”.

After section 75(5), insert:

(6)

In this section, Consumers Price Index (all groups) means the Consumers Price Index (all groups) published by Statistics New Zealand or, if that index ceases to be published, any measure certified by the Government Statistician as being equivalent to that index.

Social Security Act 2018 (2018 No 32)

In section 452A(6), definition of average ordinary time weekly earnings, replace “Quarterly Employment Survey of wages published (as original, or revised, statistics) by Statistics New Zealand” with “QES”.

In section 452A(6), insert in its appropriate alphabetical order:

QES means the Quarterly Employment Survey of wages published (as original, or revised, statistics) by Statistics New Zealand or, if that survey ceases to be published, any measure certified by the Government Statistician as being equivalent to that survey

In section 453(1) and (3), replace “CPI” with “Consumers Price Index (all groups)” in each place.

In section 453(3)(a), replace “Consumers Price Index (All Groups) published by Statistics New Zealand” with “Consumers Price Index (all groups)”.

In section 453(3)(b), replace “Consumers Price Index (All Groups Excluding Cigarettes and Other Tobacco Products) published by Statistics New Zealand” with “CPI (less cigarettes and tobacco subgroup) published by Statistics New Zealand or, if that index ceases to be published, any measure certified by the Government Statistician as being equivalent to that index”.

Replace section 453(6) with:

(6)

In this section, Consumers Price Index (all groups) means the Consumers Price Index (all groups) published by Statistics New Zealand or, if that index ceases to be published, any measure certified by the Government Statistician as being equivalent to that index.

Telecommunications Act 2001 (2001 No 103)

In section 5, replace the definition of CPI with:

CPI means the Consumers Price Index (all groups) published by Statistics New Zealand or if that index ceases to be published, any measure certified by the Government Statistician as being equivalent to that index

Veterans’ Support Act 2014 (2014 No 56)

In section 7, insert in its appropriate alphabetical order:

QES means the Quarterly Employment Survey of wages published by Statistics New Zealand or, if that survey ceases to be published, any measure certified by the Government Statistician as being equivalent to that survey

In the heading to section 31, delete New Zealand.

In section 31(3)(a) and (4)(a) and (b), replace “New Zealand Consumers” with “Consumers”.

After section 31(4), insert:

(5)

In this section, Consumers Price Index (all groups) means the Consumers Price Index (all groups) published by Statistics New Zealand or, if that index ceases to be published, any measure certified by the Government Statistician as being equivalent to that index.

Replace section 61(2) with:

(2)

In this section, average wage means the before tax average ordinary time weekly wage (all sectors, male and female combined) as at 1 April each year, as specified in the latest QES.

In section 170(2), definition of average wage, replace “Quarterly Employment Survey of wages published by Statistics New Zealand” with “QES”.

In section 170(2), replace the definition of CPI with:

Consumers Price Index (all groups) means the Consumers Price Index (all groups) published by Statistics New Zealand or, if that index ceases to be published, any measure certified by the Government Statistician as being equivalent to that index.

In section 170(3), replace “CPI” with “Consumers Price Index (all groups)” in each place.

In section 170(4), replace “despite subsections (2) and (3), be calculated using index numbers of the CPI, excluding cigarettes and other tobacco products, published by Statistics New Zealand” with “despite subsection (3), be calculated using index numbers of the Consumers Price Index less cigarettes and tobacco subgroup published by Statistics New Zealand or, if that index ceases to be published, any measure certified by the Government Statistician as being equivalent to that index”.

In Schedule 2, replace clause 25(2) with:

(2)

In this clause, average wage means the before tax average ordinary time weekly wage (all sectors, male and female combined) as at 1 July each year, as specified in the latest QES.

In Schedule 2, replace clause 37(6) with:

(6)

In this clause, average wage means the before tax average ordinary time weekly wage (all sectors, male and female combined) as at 1 July each year, as specified in the latest QES.

Part 2Amendments to secondary legislation

Crown Minerals (Royalties for Minerals Other than Petroleum) Regulations 2013 (SR 2013/206)

In regulation 4(1), definition of PPI, after “New Zealand”, insert “or, if that index ceases to be published, any measure certified by the Government Statistician as being equivalent to that index”.

Crown Pastoral Land (Method for Calculating Dollar-Per-Stock-Unit Rates) Regulations 2012 (SR 2012/167)

In regulation 3, definition of permitted farm input prices series, paragraph (b), after “Statistics New Zealand”, insert “or, if that index ceases to be published, any measure certified by the Government Statistician as being equivalent to that index”.

Government Superannuation Fund (Ceasing Contributions) Regulations 1995 (SR 1995/172)

In regulation 2(1), insert in its appropriate alphabetical order:

Consumers Price Index means the Consumers Price Index (all groups) published by Statistics New Zealand or, if that index ceases to be published, any measure certified by the Government Statistician as being equivalent to that index

In regulation 2(1), definition of increased in accordance with CPI, replace “New Zealand Consumer” with “Consumers”.

In regulation 36(5), replace “New Zealand Consumer” with “Consumers”.

In regulation 37(4), replace “New Zealand Consumer” with “Consumers”.

In regulation 38(5), replace “New Zealand Consumer” with “Consumers”.

Injury Prevention, Rehabilitation, and Compensation (Indexation of Maximum Weekly Compensation) Regulations 2004 (SR 2004/187)

In regulation 3, replace the definition of Labour Cost Index with:

Labour Cost Index means the Labour Cost Index All Salary and Wage Rates (including overtime), all industries and sectors combined published by Statistics New Zealand or, if that index ceases to be published, any measure certified by the Government Statistician as being equivalent to that index

Injury Prevention, Rehabilitation, and Compensation (Indexation) Regulations 2002 (SR 2002/127)

In regulation 3(1), replace the definition of CPI with:

CPI means the Consumers Price Index (all groups) published by Statistics New Zealand or, if that index ceases to be published, any measure certified by the Government Statistician as being equivalent to that index

In regulation 3(1), replace the definition of Labour Cost Index with:

Labour Cost Index means the Labour Cost Index All Salary and Wage Rates (including overtime), all industries and sectors combined published by Statistics New Zealand or, if that index ceases to be published, any measure certified by the Government Statistician as being equivalent to that index

Land Transport Management (Road Tolling Scheme for Northern Gateway) Order 2005 (SR 2005/92)

In clause 9(4), definition of CPI, replace “New Zealand Consumers Price Index (All Groups) published by Statistics New Zealand” with “Consumers Price Index (all groups) published by Statistics New Zealand or, if that index ceases to be published, any measure certified by the Government Statistician as being equivalent to that index”.

Land Transport Management (Road Tolling Scheme for Takitimu Drive (Route K)) Order 2015 (LI 2015/160)

In clause 7(4), definition of CPI, replace “New Zealand Consumers Price Index (All Groups) published by Statistics New Zealand” with “Consumers Price Index (all groups) published by Statistics New Zealand or, if that index ceases to be published, any measure certified by the Government Statistician as being equivalent to that index”.

Land Transport Management (Road Tolling Scheme for Tauranga Eastern Link) Order 2015 (LI 2015/43)

In clause 8(5), definition of CPI, replace “New Zealand Consumers Price Index (All Groups) published by Statistics New Zealand” with “Consumers Price Index (all groups) published by Statistics New Zealand or, if that index ceases to be published, any measure certified by the Government Statistician as being equivalent to that index”.

Social Security Regulations 2018 (LI 2018/202)

In regulation 182, definition of relevant survey, replace paragraph (b) with:

(b)

if the survey referred to in paragraph (a) ceases to be published, any measure certified by the Government Statistician as an equivalent to that survey

Veterans’ Support Regulations 2014 (LI 2014/369)

Replace regulation 15A(3) with:

(3)

In subclause (2), LCI means the Labour Cost Index All Salary and Wage Rates (including overtime), all industries and sectors combined published by Statistics New Zealand or, if that index ceases to be published, any measure certified by the Government Statistician as being equivalent to that index.

Replace regulation 16(3)(a) with:

(a)

means the Consumers Price Index (all groups) published by Statistics New Zealand or, if that index ceases to be published, any measure certified by the Government Statistician as being equivalent to that index; but

Replace regulation 16A(3) with:

(3)

In subclause (2), CPI means the Consumers Price Index (all groups) published by Statistics New Zealand or, if that index ceases to be published, any measure certified by the Government Statistician as being equivalent to that index.

Wine (Non-grape Wine Levy) Order 2015 (LI 2015/260)

In clause 9(3)(b)(i), replace “(All Groups) published by Statistics New Zealand” with “(all groups) published by Statistics New Zealand (or, if that index ceases to be published, any measure certified by the Government Statistician as being equivalent to that index)”.

Schedule 4 Consequential amendments to legislation

s 105(1), (2)

Part 1Consequential amendments to Acts

Accident Compensation Act 2001 (2001 No 49)

Replace section 288 with:

288 Injury-related statistics are official statistics under Data and Statistics Act 2021

Injury-related statistics are official statistics for the purposes of the Data and Statistics Act 2021.

In section 289(6)(c), replace “section 11 of the Statistics Act 1975” with “the Data and Statistics Act 2021.

In section 289(8)(b), replace “Statistics Act 1975” with “Data and Statistics Act 2021.

Building Societies Act 1965 (1965 No 22)

In section 122A(2), replace “Statistics Act 1975” with “Data and Statistics Act 2021.

Child Poverty Reduction Act 2018 (2018 No 57)

In section 5, definition of Statistician, replace “section 2 of the Statistics Act 1975” with section 6 of the Data and Statistics Act 2021.

In section 5, definition of Statistics New Zealand, replace “established under that name by the Statistics Act 1975”, with “continued by the Data and Statistics Act 2021.

In section 33(3)(b), replace “section 15 of the Statistics Act 1975” with section 16 of the Data and Statistics Act 2021.

In section 34(3), replace “Statistics Act 1975” with “Data and Statistics Act 2021.

Corporations (Investigation and Management) Act 1989 (1989 No 11)

In sections 71(7) and 71A(2), replace “Statistics Act 1975” with “Data and Statistics Act 2021.

Electoral Act 1993 (1993 No 87)

In section 3(1), definition of census, replace “the Department of Statistics pursuant to the Statistics Act 1975” with “Statistics New Zealand under the Data and Statistics Act 2021.

Replace section 33(3) with:

(3)

The Statistician may appoint a deputy to perform all the functions, duties, and powers of the chief executive in his or her capacity as a member of the Representation Commission.

In section 33(6), replace “subsection (1) or subsection (5)” with “subsection (1), (3), or (5)”.

Environmental Reporting Act 2015 (2015 No 87)

In section 4, definition of Minister of Statistics, replace “Statistics Act 1975” with “Data and Statistics Act 2021.

In section 4, definition of Statistics New Zealand, replace “established under that name by the Statistics Act 1975” with “continued by the Data and Statistics Act 2021.

Financial Service Providers (Registration and Dispute Resolution) Act 2008 (2008 No 97)

In section 37(4), replace “Statistics Act 1975” with “Data and Statistics Act 2021.

Incorporated Societies Act 1908 (1908 No 212)

In section 34A(2), replace “Statistics Act 1975” with “Data and Statistics Act 2021.

Industrial and Provident Societies Act 1908 (1908 No 81)

In section 13A(2), replace “Statistics Act 1975” with “Data and Statistics Act 2021.

Land Transfer Act 2017 (2017 No 30)

In section 82A(1), replace “section 2 of the Statistics Act 1975” with section 6 of the Data and Statistics Act 2021 .

In section 82A(1), replace “for the purposes of the Statistics Act 1975” with “for the purposes of the Data and Statistics Act 2021.

In section 86(2), definition of authorised person, paragraph (aa), replace “Statistician or employee of the department (as those terms are defined in section 2 of the Statistics Act 1975)” with “Statistician (as defined in section 6 of the Data and Statistics Act 2021) or an employee of Statistics New Zealand”.

Limited Partnerships Act 2008 (2008 No 1)

In section 78(3), replace “Statistics Act 1975” with “Data and Statistics Act 2021.

Local Electoral Act 2001 (2001 No 35)

In section 5(1), definition of census, replace “Statistics Act 1975” with “Data and Statistics Act 2021.

New Zealand Infrastructure Commission/Te Waihanga Act 2019 (2019 No 51)

In section 23(7)(b), replace “Statistics Act 1975” with “Data and Statistics Act 2021.

New Zealand Productivity Commission Act 2010 (2010 No 136)

Repeal section 15.

New Zealand Superannuation and Retirement Income Act 2001 (2001 No 84)

In section 16(1)(a), replace “the Department of Statistics” with “Statistics New Zealand”.

Privacy Act 2020 (2020 No 31)

In section 29(2), replace “Statistics New Zealand under the Statistics Act 1975” with “the Government Statistician under the Data and Statistics Act 2021.

Public Records Act 2005 (2005 No 40)

In section 4, definition of Statistician, replace “section 2 of the Statistics Act 1975” with section 6 of the Data and Statistics Act 2021.

Repeal section 22(1)(a).

Repeal section 22(2).

Repeal section 22(3).

Remuneration Authority Act 1977 (1977 No 110)

In section 15(5), replace “pursuant to the Statistics Act 1975” with “under the Data and Statistics Act 2021.

Retirement Villages Act 2003 (2003 No 112)

In section 97(2), replace “Statistics Act 1975” with “Data and Statistics Act 2021.

Search and Surveillance Act 2012 (2012 No 24)

In the Schedule, after the item relating to the Dairy Industry Restructuring Act 2001, insert:

ActSectionBrief description of powerWhich provisions in Part 4 apply
Data and Statistics Bill 2021section 57Statistician or authorised employee may enter and inspect any place of business (other than private dwelling or marae) or require records to be produced for the purpose of obtaining any data that the Statistician considers necessary or desirable to enable the Statistician to produce official statisticsSubparts 1, 2, 4, 5, 7, and 10 (except for sections 118 and 119)
section 58Statistician or authorised employee may obtain a search warrant in relation to a place of business or enterprise if satisfied that there are reasonable grounds for believing that it is necessary or desirable for the purpose of enabling the Statistician to produce official statisticsSubpart 3
Serious Fraud Office Act 1990 (1990 No 51)

In section 38(1), replace “Statistics Act 1975” with “Data and Statistics Act 2021.

Tax Administration Act 1994 (1994 No 166)

In Schedule 7, Part C, replace clause 20 with:

20 Statistics New Zealand

Section 18 does not prevent the Commissioner disclosing information to the Government Statistician for the production of official statistics or research under the Data and Statistics Act 2021 if the Commissioner considers that it is not undesirable to disclose the information.

Part 2Consequential amendments to secondary legislation

Privacy (Information Sharing Agreement Between Ministry of Justice and Statistics New Zealand) Order 2017 (LI 2017/51)

In clause 6(a), replace “Statistics Act 1975” with “Data and Statistics Act 2021.

Public Lending Right for New Zealand Authors Regulations 2008 (SR 2008/423)

In regulation 3, definition of Statistician, replace “section 2 of the Statistics Act 1975” with section 6 of the Data and Statistics Act 2021 .