New Zealand Acts

DATA AND STATISTICS ACT 2022

- As at 8 August 2022
- Act 39 of 2022

TABLE OF PROVISIONS

   1.      Title
   2.      Commencement

   PART 1 - Preliminary provisions

   3.      Purpose
   4.      Te Tiriti o Waitangi/Treaty of Waitangi
   5.      Overview
   6.      Interpretation
   7.      Meaning of public sector agency
   8.      Transitional, savings, and related provisions
   9.      Act binds the Crown

   PART 2 - Roles and responsibilities

   10.     Statistics New Zealand
   11.     Functions and powers of Minister
   12.     Government Statistician
   13.     Functions of Statistician
   14.     Duties of Statistician relating to Tiriti o Waitangi/Treaty of Waitangi
   15.     Principles of engagement by Statistician with Māori
   16.     Independence of Statistician
   17.     Delegation of functions or powers of Statistician
   18.     Multi-year data and statistical programme
   19.     Engagement with Māori on multi-year data and statistical programme
   20.     Consultation on draft multi-year data and statistical programme
   21.     Review of multi-year data and statistical programme

   PART 3 - Collection of data and statistical confidentiality

           SUBPART 1 - Collecting data

   22.     Collecting data

           SUBPART 2 - Requests for data

   23.     Statistician may request data from individual, public sector agency, or organisation to produce official statistics
   24.     Joint collections
   25.     Statistician may authorise public sector agency to request data for Statistician to produce official statistics
   26.     Public sector agency authorised under section 25 may request data
   27.     Matters to be specified in request under this Part
   28.     Certain requests for data under this Part require approval by Minister
   29.     Obligation to comply with request
   30.     Authority to provide data voluntarily in response to request
   31.     Conditions not to be imposed in response to request

           SUBPART 3 - Collection by agreement with Statistician without request

   32.     Authority to provide data by agreement with Statistician without request
   33.     Circumstances in which data may be collected as described in section 22(c)(i) subject to access conditions

           SUBPART 4 - Census of population and dwellings

   34.     Census of population and dwellings
   35.     Engagement with Māori on census
   36.     Consultation on census
   37.     Review after each census
   38.     Duty to obtain details regarding request for data in census

           SUBPART 5 - Statistical confidentiality

   39.     Statistician authorised to publish or otherwise disclose certain data
   40.     When Statistician may disclose identifying data to individual, public sector agency, or organisation
   41.     Disclosure of historical data
   42.     Certificate of confidentiality

   PART 4 - Official statistics

   43.     Matters on which official statistics may be produced
   44.     Minister may direct Statistician to produce or cease production of statistics on matter
   45.     Obligations of public sector agencies
   46.     Statistician may make official statistics available subject to temporary conditions relating to broadcast, publication, or other disclosure
   47.     Use of data provided by individual or organisation as described in section 22(c)(i)

   PART 5 - Access to data for research

           SUBPART 1 - Access to data held by Statistics New Zealand

   48.     When Statistician may authorise access to data for research
   49.     Statistician must be satisfied research is in public interest
   50.     Statistician must be satisfied individual, public sector agency, or organisation seeking access to data is appropriate researcher
   51.     Statistician must be satisfied access to data is subject to appropriate measures to protect privacy, confidentiality, and security of data
   52.     Additional consideration if overseas person seeking access to data
   53.     Statistician must publish information about access to data under this subpart
   54.     Researcher obligations in relation to data accessed for research

           SUBPART 2 - Access to data held by other public sector agencies

   55.     Statistician may determine that certain public sector agencies may authorise access to data for research in accordance with this Part
   56.     Effect of determination under section 55

   PART 6 - Offences and enforcement

           SUBPART 1 - Power of entry and inspection

   57.     Power of entry and inspection
   58.     Search warrant
   59.     Data obtained using power of entry treated as data obtained under Act

           SUBPART 2 - Compliance notices and offences

   60.     Interpretation
   61.     Power to issue compliance notice
   62.     Content
   63.     Service of compliance notice
   64.     Compliance
   65.     Authorised person may amend or cancel compliance notice
   66.     Review of compliance notice
   67.     How review must be conducted
   68.     Interpretation
   69.     Infringement offences
   70.     When infringement notice may be issued
   71.     Revocation of infringement notice before payment made
   72.     What infringement notice must contain
   73.     How infringement notice may be served
   74.     Payment of infringement fees
   75.     Reminder notices
   76.     Failing or refusing to provide data
   77.     False or misleading statement
   78.     Breach of certificate of confidentiality
   79.     Wrongfully obtaining data while performing duty or function or exercising power under Act
   80.     Acting contrary to obligations under section 54
   81.     Giving or obtaining unauthorised access to data
   82.     Penalties for non-compliance with compliance notice
   83.     Mutilation or defacement, etc, of data or request
   84.     Obstruction of Statistician or employee of Statistics New Zealand
   85.     Impersonation of Statistician or employee of Statistics New Zealand
   86.     Deceiving Statistician or employee of Statistics New Zealand
   87.     Penalties for non-compliance with condition imposed under section 46
   88.     Infringement offence for failing to provide data
   89.     Infringement offence for failing to obtain request for data in census

   PART 7 - General and miscellaneous provisions

           SUBPART 1 - General provisions

   90.     Statistician may set standards
   91.     Engagement with Māori on standards
   92.     Consultation on standards
   93.     Restrictions on delegation by chief executive of public sector agency of certain powers under Act
   94.     Annual report
   95.     Data is privileged
   96.     Authorisation by organisation
   97.     Time for filing charging document
   98.     Evidence in proceedings for offences
   99.     Obligation continues even if data not provided by particular date
   100.    Proof of signature of Statistician and certain other persons
   101.    Regulations

           SUBPART 2 - Amendments to enactments, repeals, and revocations

   102.    Repeal
   103.    Principal Act
   104.    Section 2 amended (Interpretation)
   105.    Principal Act
   106.    Section 2 amended (Interpretation)
   107.    Other amendments and revocation
           SCHEDULE 1
           SCHEDULE 2
           SCHEDULE 3
           SCHEDULE 4