Reprinted as at
1 December 2020
Children’s Commissioner Act 2003
Part 2 s 22
period (being not less than 20 working days after the notice is given to the person) specified in the notice.
(2)
Subsection (1) does not require a person to provide any information or produce
any document that would be privileged in a court of law.
(3)
Every person commits an offence, and is liable on conviction to a fine not
exceeding $2,000, who, when required to comply with a notice given under
section 20,—
(a)
refuses or fails without reasonable excuse to comply with the notice; or
(b)
knowingly or recklessly provides information that is false or misleading
in any material particular.
Section 21(3): amended, on 1 July 2013, by section 413 of the Criminal Procedure Act 2011 (2011
No 81).
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Commissioner and staff must maintain secrecy
(1)
The Commissioner and every employee of the Commissioner must maintain
secrecy in respect of all matters that come to the knowledge of the Commissioner or the employee in the course of any investigation.
(2)
Despite anything in subsection (1), the Commissioner or any employee of the
Commissioner acting with the authority of the Commissioner may disclose any
matter that, in the Commissioner’s opinion, ought to be disclosed for the purposes of giving effect to—
(3)
(a)
this Act; or
(b)
the Commissioner’s obligations under any other enactment; or
(c)
information privacy principle 6 of the Privacy Act 2020.
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
Commissioner by reason only of compliance with a requirement made
under section 20(1).
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