The Parliamentary Counsel Office has made editorial and format changes to this version using the powers under subpart 2 of Part 3 of the Legislation Act 2019.

Note 4 at the end of this version provides a list of the amendments included in it.

This Act is administered by Statistics New Zealand.

1	Title
2	Commencement
3	Principal Act amended
4	Disclosure of individual schedules to other government departments for bona fide research or statistical purposes
5	New section 45A inserted
	45A	Offence to use information for unauthorised purpose or fail to comply with directions
	Notes

The Parliament of New Zealand enacts as follows:

1 Title

This Act is the Statistics Amendment Act 2012.

2 Commencement

This Act comes into force on the day after the date on which it receives the Royal assent.

3 Principal Act amended

This Act amends the Statistics Act 1975.

4 Disclosure of individual schedules to other government departments for bona fide research or statistical purposes

(1)

The heading to section 37C is amended by omitting “to other government departments”.

(2)

Section 37C is amended by repealing subsections (1) and (2) and substituting the following subsections:

(1)

Despite section 37, the Statistician may disclose individual schedules to any person if—

(a)

the information contained in the schedules is to be used by that person solely for bona fide research or statistical purposes in relation to a matter of public interest; and

(b)

the Statistician is satisfied that the person has the necessary research experience, knowledge, and skills to access and use the information contained in the schedules; and

(c)

the disclosure is not prevented by subsection (2).

(2)

An individual schedule must not be disclosed under this section unless—

(a)

the name and address of the person or undertaking by whom or by which the schedule was supplied are deleted; and

(b)

every person involved in the research or statistical project has made a statutory declaration of secrecy (similar to that prescribed in section 21) declaring that the schedule or any information contained in it will be used only for the purposes of that research or statistical project; and

(c)

the Statistician is satisfied that the security of the schedule and any information contained in it will not be impaired.

(3)

Section 37C is amended by repealing subsection (4) and substituting the following subsection:

(4)

Every person to whom individual schedules are disclosed under this section must—

(a)

use the schedules and the information contained in them only for the purposes of the research or statistical project; and

(b)

comply with any directions given by the Statistician relating to the schedules and the information contained in them.

5 New section 45A inserted

The following section is inserted after section 45:

45A Offence to use information for unauthorised purpose or fail to comply with directions

(1)

Every person to whom individual schedules are disclosed under section 37C commits an offence who knowingly contravenes—

(a)

section 37C(4)(a); or

(b)

section 37C(4)(b).

(2)

A person who commits an offence against subsection (1) is liable on summary conviction to a fine not exceeding $500 or, in the case of a body corporate, not exceeding $2,000.

Notes

1 General

This is a consolidation of the Statistics Amendment Act 2012 that incorporates the amendments made to the legislation so that it shows the law as at its stated date.

2 Legal status

A consolidation is taken to correctly state, as at its stated date, the law enacted or made by the legislation consolidated and by the amendments. This presumption applies unless the contrary is shown.

Section 78 of the Legislation Act 2019 provides that this consolidation, published as an electronic version, is an official version. A printed version of legislation that is produced directly from this official electronic version is also an official version.

3 Editorial and format changes

The Parliamentary Counsel Office makes editorial and format changes to consolidations using the powers under subpart 2 of Part 3 of the Legislation Act 2019. See also PCO editorial conventions for consolidations.

4 Amendments incorporated in this consolidation

Data and Statistics Act 2022 (2022 No 39): section 102

Statistics Amendment Act 2012