Worker Protection (Migrant and Other Employees) Bill

5 New sections 294AAA and 294AAB inserted

After the cross-heading above section 294, insert:

294AAA Obligation of immigration officer and Department not to disclose information

An immigration officer who is provided with a document (or a copy of a document) under section 275A and the Department may not disclose any information obtained as a result, unless the disclosure is—

(a)

in accordance with section 294AAB; and

(b)

for the purposes of one of the following Acts:

(i)

this Act:

(ii)

the Employment Relations Act 2000:

(iii)

the Equal Pay Act 1972:

(iv)

the Holidays Act 2003:

(v)

the Home and Community Support (Payment for Travel Between Clients) Settlement Act 2016:

(vi)

the Minimum Wage Act 1983:

(vii)

the Parental Leave and Employment Protection Act 1987:

(viii)

the Support Workers (Pay Equity) Settlements Act 2017:

(ix)

the Volunteers Employment Protection Act 1973:

(x)

the Wages Protection Act 1983.

Compare: 2000 No 24 s 233A

294AAB Information sharing

(1)

An immigration officer and the Department may provide to a regulatory agency any information, or a copy of any document, described in section 294AAA that the officer or Department considers may assist the regulatory agency in the performance or exercise of the regulatory agency’s functions, duties, or powers under or in relation to any enactment listed in section 294AAA(b).

(2)

A regulatory agency may provide an immigration officer or the Department with any information, or a copy of any document, that the regulatory agency—

(a)

holds in relation to the performance or exercise of its functions, duties, or powers under or in relation to any enactment; and

(b)

considers may assist the officer or the Department in the performance or exercise of the officer’s or the Department’s functions, duties, or powers under or in relation to this Act.

(3)

An immigration officer who or the Department that provides information or a copy of a document under this section may impose conditions relating to the provision of the information, including conditions relating to—

(a)

the storage and use of, or access to, anything provided:

(b)

the copying, returning, or disposing of any documents provided.

(4)

This section applies subject to any other enactment, including the Privacy Act 2020.

(5)

This section overrides provisions in contracts, deeds, and other documents that are inconsistent with this section.

(6)

In this section, regulatory agency means—

(a)

the department responsible for compliance and enforcement under the Residential Tenancies Act 1986:

(b)

the Inland Revenue Department:

(c)

a Labour Inspector under the Employment Relations Act 2000:

(d)

the New Zealand Police:

(e)

the Registrar of Companies:

(f)

WorkSafe New Zealand and any agency designated under section 191 of the Health and Safety at Work Act 2015:

(g)

any other department of State, person, or organisation defined in regulations as a regulatory agency for the purposes of this section.

Compare: 2000 No 24 s 233B