Oversight of Oranga Tamariki System and Children and Young People’s Commission Bill

109 Commission and staff must maintain secrecy

(1)

The Commission and every employee of the Commission must maintain secrecy in respect of all matters that come to the knowledge of the Commission or the employee in the course of any inquiry.

(2)

Despite anything in subsection (1), the Commission or any employee of the Commission acting with the authority of the Commission may disclose any matter that, in the Commission’s opinion, ought to be disclosed for the purposes of giving effect to—

(a)

this Part; or

(b)

the Commission’s obligations under any other enactment; or

(c)

information privacy principle 6 set out in section 22 of the Privacy Act 2020 (which relates to access to personal information).

(3)

The power conferred by subsection (2)(a) does not extend to—

(a)

any matter that might prejudice—

(i)

the security, defence, or international relations of New Zealand (including New Zealand’s relations with the Government of any other country or with any international organisation); or

(ii)

any interest protected by section 7 of the Official Information Act 1982; or

(iii)

the maintenance of the law, including the prevention, investigation, or detection of offences; or

(b)

any matter that might involve the disclosure of the deliberations of Cabinet; or

(c)

any information, answer, document, paper, or thing obtained by the Commission by reason only of compliance with a requirement specified in section 107(1).

(4)

The power conferred by subsection (2)(c) is subject to sections 49 to 53 of the Privacy Act 2020.

Compare: 2003 No 121 s 22