Inspector-General of Defence Bill

36 Duty of confidentiality

(1)

This section applies to any information, document, or other thing that is—

(a)

obtained by the Inspector-General under any of sections 23 to 31; or

(b)

otherwise received for the purposes of, or in the course of performing, the investigation function or the assessment function.

(protected material).

(2)

The people specified in subsection (3) must not use, make a record of, or disclose protected material unless the use, record, or disclosure—

(a)

is for or to the Minister, or is for the purpose of performing the Inspector-General’s functions or working for, or providing a service to, the Inspector-General; and

(b)

does not contravene subsection (4).

(3)

The people are—

(a)

the Inspector-General:

(b)

the Deputy Inspector-General:

(c)

an employee or a contractor of, or a secondee to, the Inspector-General:

(d)

an independent person to whom any information, document, or other thing is referred under section 40:

(e)

a member of an advisory panel:

(f)

an advisor appointed under section 49:

(g)

a person who was formerly a person within any of paragraphs (a) to (f).

(4)

The people specified in subsection (3) must not disclose protected material if—

(a)

the Minister has certified under subsection (5) that it should not be disclosed; or

(b)

the Minister has certified under subsection (5) that it should be disclosed only on specified terms and conditions and the disclosure would not be on those terms and conditions.

(5)

The Minister may certify that protected material should not be disclosed, or that it should be disclosed only on terms and conditions specified in the certificate, if the Minister considers that the disclosure of the material, or its disclosure otherwise than on those terms or conditions, would be likely to—

(a)

endanger the safety of any person; or

(b)

infringe the privacy of a natural person (including a deceased natural person); or

(c)

prejudice—

(i)

the continued performance of the functions of the Defence Force or the Ministry; or

(ii)

the security or defence of New Zealand; or

(iii)

the international relations of the New Zealand Government; or

(iv)

the entrusting of information to the New Zealand Government on a basis of confidence by the Government of another country or by a foreign public agency or an international organisation.

(6)

The Minister must not give a certificate under subsection (5) unless the Minister has consulted—

(a)

the Chief of Defence Force; and

(b)

anyone else the Minister considers capable of helping determine the relevant circumstances and information.