Sustainable Biofuel Obligation Bill

29 Obligation to maintain confidentiality

(1)

This section applies—

(a)

to the chief executive of the EPA, the EPA, an enforcement officer, and any other person who performs functions or exercises powers of the chief executive, the EPA, or an enforcement officer under this Act; and

(b)

at the time during which, and any time after which, those functions are performed or those powers are exercised.

(2)

A person to whom this section applies—

(a)

must keep confidential all information that comes into the person’s knowledge when performing any function or exercising any power under this Act; and

(b)

must not disclose any information specified in paragraph (a), except—

(i)

with the consent of the person to whom the information relates or of the person to whom the information is confidential; or

(ii)

to the extent that the information is already in the public domain; or

(iii)

for the purposes of, or in connection with, the exercise of powers conferred by this Act or for the administration of this Act; or

(iv)

for the purposes of, or in connection with, reporting requirements of the Public Finance Act 1989; or

(v)

as provided under this Act or any other Act; or

(vi)

in connection with any investigation or inquiry (whether or not preliminary to any proceedings) in respect of, or any proceedings for, an offence against this Act or any other Act or a civil pecuniary penalty under this Act or any other Act.

(3)

Nothing in subsection (2) may be treated as prohibiting the chief executive of the EPA or the EPA from—

(a)

providing or publishing general guidance in relation to the operation of this Act; or

(b)

preparing and supplying statistical information to any person in a form that does not identify any individual.

Compare: 2002 No 40 s 99