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Data Protection

Contribution Details

Brian Bray

Partner

Law

The Privacy Act 1993 (“Act”) governs how agencies collect, use, disclose, store and give access to personal information. The Act gives the Privacy Commissioner the power to issue codes of practice that modify the operation of the Act in relation to specific industries, agencies, activities or types of personal information. Codes in place as at 31 January 2013 are:

Credit Reporting Privacy Code;
Health Information Privacy Code;
Justice Sector Unique Identifier Code;
Superannuation Schemes Unique Identifier Code;
Telecommunications Information Privacy Code; and
Civil Defence National Emergencies (Information Sharing) Code.

Enforcement is through the Privacy Commissioner.

Definition of agency

Agency” is defined under the Act as any person or body of persons, whether corporate or unincorporated, and whether in the public sector (including a government departments) or the private sector. Certain bodies are specifically excluded from the definition.

Definition of Personal Data

Personal data is “Personal information” under the Act and defined as information about an identifiable individual; and includes information relating to a death that is maintained by the Registrar General pursuant to the Births, Deaths, Marriages, and Relationships Registration Act 1995, or any former Act.

Definition of sensitive Personal Data

No differentiation is made between how different types of personal information are to be treated under the Act.

National Data Protection authority

The Privacy commissioner’s office

Registration

There is no obligation on agencies to notify the Privacy Commissioner that they are processing personal information. However, the Privacy Commissioner may require an agency to supply information for the purpose of publishing or supplementing a directory or to enable the Commissioner to respond to public enquiries in this regard.

The Privacy Commissioner may from time to time publish a directory of personal information

including:

The nature of any personal information held by an agency;

The purpose for which personal information is held by an agency;
The classes of individuals about whom personal information is held by an agency;
The period for which personal information is held by an agency;
The individuals entitled to access personal information held by an agency and the conditions
relating to such access; and
Steps to be taken by an individual wishing to obtain access to personal information held by

Data Protection officers

The Act requires all agencies to appoint a privacy officer. The privacy officer’s responsibilities

include:

■     The encouragement of compliance with personal information privacy principles;

Dealing with requests made to the agency pursuant to the Act;

Working with the Privacy Commissioner in relation to investigations relating to the agency; and

Ensuring compliance with the provisions of the Act.

Collection and Processing

Subject to specific exceptions, agencies may collect, store and process personal data in accordance with any of the following 12 “Privacy Principles”:

  1. 1. The personal information is needed for a lawful purpose connected with the agency’s work;
  1. 2. The personal information is collected directly from the relevant person;
  1. 3. Before the information is collected, the agency has taken reasonable steps to ensure that the person knows that the information is being collected; the purpose for which it is being collected; the intended recipients; the name and address of the agency collecting and holding the information; if the information is authorized or required by law, the applicable law and the consequences if the requested information is not provided; and that the person concerned may access and correct the personal information;
  1. 4. The personal information is not collected in an unlawful or unfair way or in a way that unreasonably invades a person’s privacy;
  1. 5. The personal information must be kept reasonably safe from being lost, accessed, used, modified or disclosed to unauthorized persons;
  1. 6. If the personal information is easily accessible, the relevant person is entitled to know

whether information is held and to have access to it;

  1. 7. Where an agency holds personal information, the relevant person is entitled to request correction of the information. If the agency will not correct the information, the person may provide a statement of the correction sought to be attached to the personal information;
  1. 8. Before it is used, the agency must check the personal information is accurate, up to date,

complete, relevant and not misleading;

  1. 9. The personal information may not be kept for any longer than it is needed;
  1. 10. Subject to certain exceptions, personal information collected for one purpose may not be

used for another purpose;

  1. 11. An agency must not disclose personal information to another person, body or agency except in specific circumstances; and
  1. 12. An agency may only assign a unique identifier to an individual if it is needed for the agency to carry on its work efficiently and may not assign a unique identifier to an individual if the same identifier is used by another agency.

Personal information does not need to be collected directly from the relevant person if:

■     The personal information is publicly available.

■     The relevant person authorizes collection of the personal information from someone else.

■     Non-compliance would not prejudice the interests of the relevant individual.

■     The personal information is being collected for a criminal investigation, enforcement of a

financial penalty, protection of public revenue or the conduct of court proceedings.

Compliance would prejudice the purpose of the collection of the personal information or is

not practical in the circumstances.

■     The personal information will be used in a way which will not identify the person concerned.

Transfer

An agency should not disclose personal information to another entity unless the disclosure of the information is one of the purposes in connection with which the information was obtained or is directly related to the purposes in connection with which the information was obtained. Care must be taken that all safety and security precautions are met to ensure the safeguarding of that personal information to make certain that it is not misused or disclosed to any other party.

The Privacy Commissioner is given the power to prohibit a transfer of personal information from New Zealand to another state, territory, province or other part of a country (“State”) by issuing a transfer prohibition notice (“Notice”) if it is satisfied that information has been

received in New Zealand from one State and will be transferred by an agency to a third State which does not provide comparable safeguards to the Act and the transfer would be likely to lead to a contravention of the basic principles of national application set out in Part Two of the OECD Guidelines, which include:

■     The collection limitation principle (there should be limits to the collection of personal data);

■     The data quality principle (personal data should be accurate, complete and kept up to date);

■     The purpose specification principle (the purposes for which personal data are collected should be specified);

■     The use limitation principle (personal data should not be used otherwise than in accordance with the purpose specification principle, except with the consent of the data subject or by authority of law);

■     The security safeguards principle (personal data should be protected by reasonable security

safeguards);

■     The openness principle (there should be a general policy of openness about developments,

practices and policies relating to personal data);

■     The individual participation principle (individuals should have the right to obtain confirmation of whether a data controller holds their personal data, to have that data communicated to him/her, to be given reasons if a request for that data is denied and to be able to challenge that denial, and to challenge data relating to him/her and have that data erased, rectified, completed or amended if successful); and

■     The accountability principle (a data controller should be accountable for complying with the above principles).

In considering whether to issue a Notice, the Privacy Commissioner must have regard to whether the proposed transfer of personal information affects, or would be likely to affect any individual, the desirability of facilitating the free flow of information between New Zealand and other States, and any existing or developing international guidelines relevant to trans border data flows.

On 19 December 2012 the European Commission issued a decision formally declaring that New Zealand law provides a standard of data protection that is adequate for the purposes of EU law. This decision means that personal data can flow from the 27 EU member states to New Zealand for processing without any further safeguards being necessary.

Security

An agency that holds personal information shall ensure that the information is kept securely and protected by such security safeguards as are reasonable in the circumstances to protect against:

■     loss;

■     access, use, modification or disclosure, except with the authority of the agency; and

■     other misuse or unauthorized disclosure.

If it is necessary for the information to be given to a person in connection with the provision of a service to the agency, everything reasonably within the power of the agency must be done to prevent unauthorized use or unauthorized disclosure of the information.

Breach Notification

There is no mandatory requirement in the Act to report an interference with privacy.

Any person may make a complaint to the Privacy Commissioner alleging an action is, or appears to be, an interference with the privacy of an individual. For there to be an interference with privacy, there must be a breach of the law and the breach must lead to financial loss or other injury, an adverse effect on a person’s right, benefit, privilege, obligation or interest or significant humiliation, loss of dignity or injury to a person’s feelings. There is no requirement to show

harm in a complaint about access to, or correction of, personal information. An unauthorized disclosure of personal information is sufficient to breach the Act.

Enforcement

In New Zealand, the Privacy Commissioner is responsible for investigating a breach of privacy laws. The Privacy Commissioner has powers to enquire into any matter if she believes that the privacy of an individual is being, or is likely to be, infringed. The Privacy Commissioner will primarily seek to settle a complaint by conciliation and mediation. If a complaint cannot be settled in this way, a formal investigation may be conducted so that the Privacy Commissioner may form an opinion on how the law applies to the complaint. The Privacy Commissioner’s opinion is not legally binding but is highly persuasive. The Privacy Commissioner is not able to issue a formal ruling or determination and cannot begin prosecution proceedings or impose a fine.

If the Privacy Commissioner is of the opinion that there has been an interference with privacy, she may refer the matter to the Director of Human Rights who may then in turn decide to take the complaint to the Human Rights Review Tribunal. The Tribunal will hear the complaint afresh and its decision is legally binding.

Electronic Marketing

The Act does not differentiate between the collection of and use of any ‘personal information’

for electronic marketing or other forms of direct marketing. The Unsolicited Electronic Messages Act 2007:

■     prohibits unsolicited commercial electronic messages (this includes email, fax, instant messaging, mobile/smart phone text (TXT) and image-based messages of a commercial nature – but does not cover internet pop-ups or voice telemarketing) with a New Zealand link (messages sent to, from or within New Zealand).

■     requires commercial electronic messages to include accurate information about who authorized the message to be sent;

■     requires a functional unsubscribe facility to be included so that the recipient can instruct the

sender not to send the recipient further messages; and

■     prohibits using address-harvesting software to create address lists for sending unsolicited

commercial electronic messages.

The Marketing Association of New Zealand has a Code of Practice for direct marketing which governs compliance by members of the principles of the code. The Code establishes a “Do Not Call” register to which anyone not wanting to receive any direct marketing can register.

Online Privacy (including cookies and Location Data)

Other than compliance with the Act, no additional legislation deals with the collection of location and traffic data by public electronic communications services providers and use of cookies (and similar technologies). The New Zealand Privacy Commissioner has general guidelines on protecting online privacy.

(This Act may be cited as the Serious Fraud Office Act 1990.)

Part 6 Crimes affecting the administration of law and justice

Bribery and corruption

99 Interpretations

In this Part, unless the context otherwise requires, —

bribe means any money, valuable consideration, office, or employment, or any benefit, whether direct or indirect judicial officer means a Judge of any Court, or a District Court Judge, Coroner, Justice of the Peace, or Community Magistrate, or any other person holding any judicial office, or any person who is a member of any tribunal authorized by law to take evidence on oath law enforcement officer means any constable, or any person employed in the detection or prosecution or punishment of offenders official means any person in the service of Her Majesty in right of New Zealand (whether that service is honorary or not, and whether it is within or outside New Zealand), or any member or employee of any local authority or public body, or any person employed in the Education service within the meaning of the State Sector Act 1988.

100 Judicial corruptions

(1) Every judicial officer is liable to imprisonment for a term not exceeding 14 years who corruptly accepts or obtains, or agrees or offers to accept or attempts to obtain, any bribe for himself or any other person in respect of any act done or omitted, or to be done or omitted, by him in his judicial capacity.

(2) Every judicial officer, and every Registrar or Deputy Registrar of any Court, is liable to imprisonment for a term not exceeding 7 years who corruptly accepts or obtains, or agrees or offers to accept or attempts to obtain, any bribe for himself or any other person in respect of any act done or omitted, or to be done or omitted, by him in his official capacity, not being an act or omission to which subsection (1) applies.

101 Bribery of judicial officer, etc

(1) Every one is liable to imprisonment for a term not exceeding 7 years who corruptly gives or offers or agrees to give any bribe to any person with intent to influence any judicial officer in respect of any act or omission by him in his judicial capacity.

(2) Every one is liable to imprisonment for a term not exceeding 7 years who corruptly gives or offers or agrees to give any bribe to any person with intent to influence any judicial officer or any Registrar or Deputy Registrar of any Court in respect of any act or omission by him in his official capacity, not being an act or omission to which subsection (1) applies.

102 Corruption and bribery of Minister of the Crown

(1) Every Minister of the Crown or member of the Executive Council is liable to imprisonment for a term not exceeding 14 years who corruptly accepts or obtains, or agrees or offers to accept or attempts to obtain, any bribe for himself or any other person in respect of any act done or omitted, or to be done or omitted, by him in his capacity as a Minister or member of the Executive Council.

(2) Every one is liable to imprisonment for a term not exceeding 7 years who corruptly gives or offers or agrees to give any bribe to any person with intent to influence any Minister of the Crown or member of the Executive Council in respect of any act or omission by him in his capacity as a Minister or member of the Executive Council.

(3) No one shall be prosecuted for an offence against this section without the leave of a Judge of the High Court. Notice of the intention to apply for such leave shall be given to the person whom it is intended to prosecute, and he shall have an opportunity of being heard against the application.

103 Corruption and bribery of Member of Parliament

(1) Every member of Parliament is liable to imprisonment for a term not exceeding 7 years who corruptly accepts or obtains, or agrees or offers to accept or attempts to obtain, any bribe for himself or any other person in respect of any act done or omitted, or to be done or omitted, by him in his capacity as a member of Parliament.

(2) Every one is liable to imprisonment for a term not exceeding 7 years who corruptly gives or offers or agrees to give any bribe to any person with intent to influence any Member of Parliament in respect of any act or omission by him in his capacity as a Member of Parliament

(3) No one shall be prosecuted for an offence against this section without the leave of a Judge of the High Court. Notice of the intention to apply for such leave shall be given to the person whom it is intended to prosecute, and he shall have an opportunity of being heard against the application.

104 Corruption and bribery of law enforcement officer

(1) Every law enforcement officer is liable to imprisonment for a term not exceeding 7 years who corruptly accepts or obtains, or agrees or offers to accept or attempts to obtain, any bribe for himself or any other person in respect of any act done or omitted, or to be done or omitted, by him in his official capacity.

(2) Every one is liable to imprisonment for a term not exceeding 7 years who corruptly gives or offers or agrees to give any bribe to any person with intent to influence any law enforcement officer in respect of any act or omission by him in his official capacity.

105 Corruption and bribery of official

(1) Every official is liable to imprisonment for a term not exceeding 7 years who, whether within New Zealand or elsewhere, corruptly accepts or obtains, or agrees or offers to accept or attempts to obtain, any bribe for himself or any other person in respect of any act done or omitted, or to be done or omitted, by him in his official capacity.

(2) Every one is liable to imprisonment for a term not exceeding 7 years who corruptly gives or offers or agrees to give any bribe to any person with intent to influence any official in respect of any act or omission by him in his official capacity.

105A corrupt use of official information.

Every official is liable to imprisonment for a term not exceeding 7 years who, whether within New Zealand or elsewhere, corruptly uses or discloses any information, acquired by him in his official capacity, to obtain, directly or indirectly, an advantage or a pecuniary gain for himself or any other person.

105B Use or disclosure of personal information disclosed in breach of section 105A

(1) Every person is liable to imprisonment for a term not exceeding 7 years who, —

(a) Having received personal information (being information that comes into that person’s possession as a result of the commission of an offence against section 105A); and

(b) Knowing that the information has been disclosed in contravention of that section, — uses or discloses that information to obtain, directly or indirectly, an advantage or pecuniary gain for that person or any other person.

(2) It is a defense to a charge under this section if the person charged proves that the person was legally authorized to use or disclose the information.

(3) In this section, the term personal information means any information about an identifiable natural person, including a deceased natural person.

105C Bribery of foreign public official

(1) In this section and in sections 105D and 105E, —

Benefit means any money, valuable consideration, office, or employment, or any benefit, whether direct or indirect foreign country includes—

(a) A territory for whose international relations the government of a foreign country is responsible; and

(b) an organized foreign area or entity including an autonomous territory or a separate customs territory foreign government includes all levels and subdivisions of government, such as local, regional, and national government foreign public agency means any person or body, wherever situated, that carries out a public function under the laws of a foreign country foreign public enterprise means—

(a) A company, wherever incorporated, that—

(I) a foreign government is able to control or dominate (whether by reason of its ownership of shares in the company, its voting powers in the company, or its ability to appoint 1 or more directors (however described), or by reason that the directors (however described) are accustomed or under an obligation to act in accordance with the directions of that government, or otherwise); and

(ii) enjoys subsidies or other privileges that are enjoyed only by companies, persons, or bodies to which subparagraph (I) or paragraph (b)(I) apply; or

(b) A person or body (other than a company), wherever situated, that—

(I) a foreign government is able to control or dominate (whether by reason of its ability to appoint the person or 1 or more members of the body, or by reason that the person or members of the body are accustomed or under an obligation to act in accordance with the directions of that government, or otherwise); and

(ii) Enjoys subsidies or other privileges that are enjoyed only by companies, persons, or bodies to which subparagraph (I) or paragraph (a) (I) apply foreign public official includes any of the following:

(a) A member or officer of the executive, judiciary, or legislature of a foreign country:

(b) A person who is employed by a foreign government, foreign public agency, foreign public enterprise, or public international organization:

(c) a person, while acting in the service of or purporting to act in the service of a foreign government, foreign public agency, foreign public enterprise, or public international organization public international organization means any of the following organizations,

Wherever situated:

(a) An organization of which 2 or more countries or 2 or more governments are members, or represented on the organization:

(b) An organization constituted by an organization to which paragraph (a) applies or by persons representing 2 or more such organizations:

(c) An organization constituted by persons representing 2 or more countries or 2 or more governments:

(d) An organization that is part of an organization referred to in any of paragraphs (a) to (c) routine government action, in relation to the performance of any action by a foreign public official, does not include—

(a) Any decision about—

(I) whether to award new business; or

(ii) Whether to continue existing business with any particular person or body; or

(iii) The terms of new business or existing business; or

(b) Any action that is outside the scope of the ordinary duties of that official.

(2) Every one is liable to imprisonment for a term not exceeding 7 years who corruptly gives or offers or agrees to give a bribe to a person with intent to influence a foreign public official in respect of any act or omission by that official in his or her official capacity (whether or not the act or omission is within the scope of the official’s authority) in order to—

(a) Obtain or retain business; or

(b) Obtain any improper advantage in the conduct of business.

(3) This section does not apply if—

(a) The act that is alleged to constitute the offence was committed for the sole or primary purpose of ensuring or expediting the performance by a foreign public official of a routine government action; and

(b) The value of the benefit is small.

(4) This section is subject to section 105E.

105D Bribery outside New Zealand of foreign public official

(1) Every one commits an offence who, being a person described in subsection

(2), does, outside New Zealand, any act that would, if done in New Zealand, constitute an offence against section 105C.

(2) Subsection (1) applies to a person who is—

(a) A New Zealand citizen; or

(b) Ordinarily resident in New Zealand; or

(c) A body corporate incorporated in New Zealand; or

(d) A corporation sole incorporated in New Zealand.

(3) Every one who commits an offence against this section is liable to the same penalty to which the person would have been liable if the person had been convicted of an offence against section 105C.

(4) This section is subject to section 105E.

105E Exception for acts lawful in country of foreign public official

(1) Sections 105C and 105D do not apply if the act that is alleged to constitute an offence under either of those sections—

(a) Was done outside New Zealand; and

(b) Was not, at the time of its commission, an offence under the laws of the foreign country in which the principal office of the person, organization, or other body for whom the foreign public official is employed or otherwise provides services, is situated.

(2) If a person is charged with an offence under section 105C or section 105D, it is to be presumed, unless the person charged puts the matter at issue, that the act was an offence under the laws of the foreign country referred to in subsection (1) (b).

117 Corrupting juries and witnesses

Every one is liable to imprisonment for a term not exceeding 7 years who—

(a) dissuades or attempts to dissuade a person, by threats, bribes, or other corrupt means, from giving evidence in any cause or matter (whether civil or criminal, and whether tried or to be tried in New Zealand or in an overseas jurisdiction); or

(b) influences or attempts to influence, by threats or bribes or other corrupt means, a member of a jury in his or her conduct as such (whether in a cause or matter tried or to be tried in New Zealand or in an overseas jurisdiction, and whether the member has been sworn as a member of a particular jury or not); or

(c) Accepts any bribe or other corrupt consideration to abstain from giving evidence (whether in a cause or matter tried or to be tried in New Zealand or in an overseas jurisdiction); or

(d) Accepts any bribe or other corrupt consideration on account of his or her conduct as a member of a jury (whether in a cause or matter tried or to be tried in New Zealand or in an overseas jurisdiction, and whether the member has been sworn as a member of a particular jury or not); or

(e) Willfully attempts in any other way to obstruct, prevent, pervert, or defeat the course of justice in New Zealand or the course of justice in an overseas jurisdiction.

1990 No 51

An Act—

(a) To facilitate the detection and investigation by the Serious Fraud Office of cases of serious or complex fraud; and

(b) To enable proceedings relating to such fraud to be taken expeditiously; and

(c) To provide for matters incidental upon the establishment of the Serious Fraud Office

3 July 1990

ANALYSIS

(List of Sections)
1. Short Title

2.Interpretation

3. Act to bind the Crown
PART 1 — DETECTION OF SERIOUS OR COMPLEX FRAUD

4. Exercise of powers under this Part

5. Power to require production of documents

6. Power to obtain search warrant

PART 2 — INVESTIGATION OF SUSPECTED OFFENCES INVOLVING SERIOUS OR COMPLEX FRAUD

7. Exercise of powers under this Part

8. Factors to which Director may have regard

9. Power to require attendance before Director, production of documents, etc

10. Power to obtain search warrant

11. Power to assume from Police the responsibility for investigating certain cases of fraud

PART 3 — GENERAL PROVISIONS RELATING TO WARRANTS AND EXERCISE OF POWERS UNDER PARTS 1 AND 2

General provisions relating to warrants

12. Effect of warrant

13. Return of documents

14. Disclosure of previous applications

15. Persons by whom warrant may be executed

16. Production of warrant

17. Notice that warrant has been executed, etc

General provisions relating to exercise of powers under Parts 1 and 2

18. Form and content of notices

19. Possession of documents

Challenge to exercise of Director’s powers

20. Review of Director’s decisions

21. Effect of proceedings

22. Effect of final decision that exercise of powers unlawful

Effect of powers on duty of confidentiality

23. Act to apply to persons with duty of confidentiality to clients

24. Legal professional privilege

Miscellaneous provisions

25. Certain provisions not to apply to Police, Inland Revenue, and Statistics Department officers

26. Admissibility of evidence

27. Privilege against self-incrimination no excuse

28. Admissibility of self-incriminating statements

PART 4 — MISCELLANEOUS PROVISIONS

Provisions relating to State Sector Act 1988 and other matters

29. Responsible Minister

30. Independence in matters relating to investigations

31. Chief Executive of Serious Fraud Office

32. Judicial notice of signature of Director

33. Delegation of functions or powers

34. Exercise of powers by outside investigators

35. Indemnity Secrecy

36. Secrecy of certain information relating to Serious Fraud Office business

37. Secrecy of information protected under Inland Revenue Department Act 1974

38. Disclosure to Serious Fraud Office of information protected under other Acts

39. Secrecy of information protected under other Acts

40. Obligation to inform that protected information is secret

41. Secrecy to be observed by other persons to whom protected information is disclosed under this Act

42. Authorisations to disclose protected information

43. Protected information may cease to be secret

44. Persons ceasing to be members of Serious Fraud Office under continuing obligation of secrecy

Miscellaneous offences and penalties

45. Offence to obstruct investigation, etc

46. Offence to destroy, alter, or conceal records, etc

47. Offence to resist search

Miscellaneous provisions

48. Serious Fraud Prosecutors Panel

49. No obligation to investigate, etc

50. Exercise of powers not precluded by certain matters

51. Agreements with overseas agencies

52. Giving of notices

53. Regulations

Amendments to other Acts

54. Amendment to Summary Proceedings Act 1957

55. Amendment to Inland Revenue Department Act 1974

56. Amendments to Wanganui Computer Centre Act 1976 (Repealed)

(Came into effect on: 2 May 2001)

The Parliament of New Zealand enacts as follows:

1 Title

(1) This Act may be cited as the Crimes (Bribery of Foreign Public Officials) Amendment Act 2001.

(2) In this Act, the Crimes Act 1961 is called ‘‘the principal Act’’.

2 Commencements

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

3 Purposes

The purpose of this Act is to implement the Convention on Combating Bribery of Foreign Public Officials in International Business Transactions.

Bribery of public officials

4 Bribery of judicial officer, etc

Section 101(2) of the principal Act is amended by omitting the expression ‘‘5 years’’, and substituting the expression ‘‘7 years’’.

5 Corruption and bribery of Member of Parliament

Section 103(2) of the principal Act is amended by omitting the expression ‘‘3 years’’, and substituting the expression ‘‘7 years’’.

6 Corruption and bribery of law enforcement officer

Section 104(2) of the principal Act is amended by omitting the expression ‘‘3 years’’, and substituting the expression ‘‘7 years’’.

7 Corruption and bribery of official

Section 105(2) of the principal Act is amended by omitting the expression ‘‘3 years’’, and substituting the expression ‘‘7 years’’.

8 New sections 105C to 105E inserted

The principal Act is amended by inserting, after section 105B, the following sections: ‘‘105C Bribery of foreign public official ‘‘(1) in this section and in sections 105D and 105E,—

‘‘Benefit means any money, valuable consideration, office, or employment, or any benefit, whether direct or indirect

‘‘Foreign country includes—

‘‘(a) a territory for whose international relations the government of a foreign country is responsible; and

‘‘(b) An organized foreign area or entity including an autonomous territory or a separate customs territory

‘‘Foreign government includes all levels and subdivisions of government, such as local, regional, and national government

‘‘Foreign public agency means any person or body, wherever situated, that carries out a public function under the laws of a foreign country

‘‘Foreign public enterprise means—

‘‘(a) a company, wherever incorporated, that—

‘‘(I) a foreign government is able to control or dominate (whether by reason of its ownership of shares in the company, its voting powers in the company, or its ability to appoint 1 or more directors (however described), or by reason that the directors (however described) are accustomed or under an obligation to act in accordance with the directions of that government, or otherwise); and

‘‘(ii) enjoys subsidies or other privileges that are enjoyed only by companies, persons, or bodies to which subparagraph (I) or paragraph (b)(I) apply; or

‘‘(b) a person or body (other than a company), wherever situated, that—

‘‘(I) a foreign government is able to control or dominate (whether by reason of its ability to appoint the person or 1 or more members of the body, or by reason that the person or members of the body are accustomed or under an obligation to act in accordance with the directions of that government, or otherwise); and

‘‘(ii) enjoys subsidies or other privileges that are enjoyed only by companies, persons, or bodies to which subparagraph (I) or paragraph (a)(I) apply’ foreign public official includes any of the following:

‘‘(a) a member or officer of the executive, judiciary, or legislature of a foreign country:

‘‘(b) a person who is employed by a foreign government, foreign public agency, foreign public enterprise, or public international organization:

‘‘(c) A person, while acting in the service of or purporting to act in the service of a foreign government, foreign public agency, foreign public enterprise, or public international organization

‘‘Public international organization means any of the following organizations, wherever situated:

‘‘(a) an organization of which 2 or more countries or 2 or more governments are members, or represented on the organization:

‘‘(b) an organization constituted by an organization to which paragraph (a) applies or by persons representing 2 or more such organizations:

‘‘(C) an organization constituted by persons representing 2 or more countries or 2 or more governments:

‘‘(D) an organization that is part of an organization referred to in any of paragraphs (a) to (c)

‘‘Routine government action, in relation to the performance of any action by a foreign public official, does not include—

‘‘(A) any decision about—

‘‘(I) whether to award new business; or

‘‘(ii) whether to continue existing business with any particular person or body; or

‘‘(iii) the terms of new business or existing business; or

‘‘(b) Any action that is outside the scope of the ordinary duties of that official.

‘‘(2) Every one is liable to imprisonment for a term not exceeding 7 years who corruptly gives or offers or agrees to give a bribe to a person with intent to influence a foreign public official in respect of any act or omission by that official in his or her official capacity (whether or not the act or omission is within the scope of the official’s authority) in order to—

‘‘(a) obtain or retain business; or

‘‘(b) Obtain any improper advantage in the conduct of business.

‘‘(3) This section does not apply if—

‘‘(a) the act that is alleged to constitute the offence was committed for the sole or primary purpose of ensuring

‘‘(b) The value of the benefit is small.

‘‘(4) This section is subject to section 105E.

‘‘105D Bribery outside New Zealand of foreign public official

‘‘(1) Every one commits an offence who, being a person described in subsection (2), does, outside New Zealand, any act that would, if done in New Zealand, constitute an offence against section 105C.

‘‘(2) Subsections (1) applies to a person who is—

‘‘(a) a New Zealand citizen; or

‘‘(b) ordinarily resident in New Zealand; or

‘‘(c) a body corporate incorporated in New Zealand; or

‘‘(d) A corporation sole incorporated in New Zealand.

‘‘(3) Every one who commits an offence against this section is liable to the same penalty to which the person would have been liable if the person had been convicted of an offence against section 105C.

‘‘(4) This section is subject to section 105E.

‘‘105E Exception for acts lawful in country of foreign public official

‘‘(1) Sections 105C and 105D do not apply if the act that is alleged to constitute an offence under either of those sections—

‘‘(a) was done outside New Zealand; and

‘‘(b) was not, at the time of its commission, an offence under the laws of the foreign country in which the principal office of the person, organization, or other body for whom the foreign public official is employed or otherwise provides services, is situated.

‘‘(2) If a person is charged with an offence under section 105C or section 105D, it is to be presumed, unless the person charged puts the matter at issue, that the act was an offence under the laws of the foreign country referred to in subsection (1)(b).’’

9 Restrictions on prosecution

Section 106(1) of the principal Act is amended by omitting the expression ‘‘and 105B of this Act’’, and substituting the expression ‘‘105B, 105C, and 105D’’.

Extradition of offenders

10 Crimes against sections 105C and 105D deemed to be included in extradition treaties

(1) For the purposes of the Extradition Act 1999 and any Order in Council in force under section 15 or section 104 of that Act, the crimes described in sections 105C and 105D are deemed to be offences described in any extradition treaty concluded before the commencement of this section and for the time being in force between New Zealand and any foreign country that is a party to the Bribery Convention.

(2) If subsection (1) deems a crime to be an offence described in an extradition treaty, a person whose surrender is sought under the Extradition Act 1999 in respect of an act that amounts to that crime is liable to be surrendered in accordance with the provisions of that Act, whether the act occurred before or after the date on which the crime was deemed to be an offence described in the extradition treaty.

(3) This section does not apply in respect of an act that, had it occurred within the jurisdiction of New Zealand, would not at that time have constituted an offence under New Zealand law.

(4) A certificate given under the hand of the Minister of Foreign Affairs and Trade that any foreign country is a party to the Bribery Convention is, in the absence of proof to the contrary, sufficient evidence of that fact.

(5) For the purposes of this section,—

Bribery Convention means the Convention on Combating Bribery of Foreign Public Officials in International Business Transactions, done at Paris on 17 December 1997

Foreign country includes any territory for whose international relations the government of a foreign country is responsible and to which the extradition treaty and the Bribery Convention extends. Amendments to Mutual Assistance in Criminal Matters

11 Amendments to Mutual Assistance in Criminal Matters

(1) Section 24A of the Mutual Assistance in Criminal Matters Act 1992 is amended by adding the following subsection:

‘‘(7) If a convention country requests assistance under this Part in accordance with a convention specified in Part 7 of Schedule 1, the request must relate to criminal matters arising from the commission or suspected commission of an offence that, if committed within the jurisdiction of New Zealand, would correspond to an offence against section 105C or section 105D of the Crimes Act 1961.’’

(2) Section 24B (2) (b) of the Mutual Assistance in Criminal Matters Act 1992 is amended by inserting, after the expression ‘‘24A (6)’’, the expression ‘‘or section 24A (7)’’.

(3) Section 24B (3) of the Mutual Assistance in Criminal Matters Act 1992 is amended by inserting, after the expression ‘‘section 24A (6)’’, the expression ‘‘or section 24A (7)’’.

(4) Schedule 1 of the Mutual Assistance in Criminal Matters Act 1992 is amended by adding the Part 7 set out in Schedule 1.

12 Amendments to Extradition Act 1999

The Extradition Act 1999 is amended in the manner indicated in Schedule 2.

New Part added to Schedule 1 of Mutual Assistance in Criminal Matters Act 1992 Part 7

The Convention on Combating Bribery of Foreign Public Officials in International Business Transactions, done at Paris on 17 December 1997.

Enactment amended

Extradition Act 1999 (1999 No 55)

Insert, after section 101, the following section:

‘‘101A Treaties deemed to incorporate crimes

‘‘(1) an extradition treaty between New Zealand and an extradition country must be construed to give effect to every specified provision (being a provision relating to the inclusion of offences within certain treaties by operation of law).

‘‘(2) for the purposes of subsection (1), each of the following provisions is a specified provision:

‘‘(A) sections 7 and 7A of the Aviation Crimes Act 1972:

‘‘(B) section 35 of the Misuse of Drugs Act 1975:

‘‘(C) sections 10 and 10A of the Crimes (Internationally Protected Persons, United Nations and Associated Personnel, and Hostages) Act 1980:

‘‘(D) section 8 of the Crimes of Torture Act 1989:

‘‘(E) section 14 of the Maritime Crimes Act 1999:

‘‘(f) section 10 of the Crimes (Bribery of Foreign Public Officials) Amendment Act 2001:’’.

Legislative history

29 November 2000 Reported from Law and Order Committee (formerly

Part of Crimes Amendment Bill (No 6))

(Bill 322–2A)

3 April 2001 Consideration of report

4 April 2001 Committee of the whole House (Bill 322–3A)

1 May 2001 Third reading

Police Background Check Procedures

Who can apply?

•  Individual applicants.
•  Prospective UK employers cannot apply.
•  Third party representatives can apply (individuals or power of attorney), with the consent of theindividuals.

Third party representatives must:

•  Have known applicant for more than 12 months
•  Be aged over 18
•  Have a daytime telephone number
•  Not be a relative
•  Not live at the same address
•  Be contactable during business hours

Where?

•  Local and overseas applicants must apply to the Ministry of Justice via post only.

What must the applicant supply?

•  Individuals must fill out a Priv/F1
•  Third party representatives must fill out a Priv/F2
•  The following must be supplied by both parties:
•  Completed relevant application form; printed
•  Signature of subject
•  Copy of subject’s driving licence or passport
•  Request a Standard Disclosure Form

What are the costs / turnaround times?

•  No charge
•  20 working days in receipt of application
•  Results are obtained in hard copy through post, or PDF format via e-mail. Collection cannot be made in person or online.

Contact Details

•  Useful website-http://www.justice.govt.nz/services/criminal-records
•  Individuals Priv/F1 form:http://www.justice.govt.nz/services/criminal-records/get-a-copy-of-yourcriminal-record
•  Third Party Priv/F2 form:http://www.justice.govt.nz/services/criminal-records/forms/request-by-thirdparty.pdf
The Criminal Records Unit
Ministry of Justice
National Office
PO Box 2750
Wellington
Tel: (+64) 491-888-00
Fax: (+64) 491-889-74

New Zealand – Know Your Customer (KYC) Rules

New Zealand is not a major regional or offshore financial center. Money laundering cases are infrequent in New Zealand. However, authorities note that it is difficult to estimate the extent of money laundering activities, since every serious crime that generates proceeds could lead to a money laundering offense.

Money laundering generally occurs through the financial system, but the purchase of real estate and other high value assets as well as the use of foreign exchange dealers have become increasingly popular methods of laundering money. Narcotics proceeds (mostly from methamphetamine and cannabis sales) and fraud-associated activity (primarily Internet-banking fraud) are the primary sources of illicit funds. International organized criminal elements, mostly from Asia, are known to operate in New Zealand, but not to a wide extent. New Zealand is a low threat environment for terrorist finance.

New Zealand has a small number of casinos, which operate gaming machines and a variety of table games.

KNOW-YOUR-CUSTOMER (KYC) RULES:

Enhanced due diligence procedures for PEPs:

A PEP is an abbreviation for Politically Exposed Person, a term that describes a person who has been entrusted with a prominent public function, or an individual who is closely related to such a person. The terms PEP, Politically Exposed Person and Senior Foreign Political Figure are often used interchangeably

    • Foreign PEP: YES
    • Domestic PEP: YES

New Zealand – KYC covered entities

The following is a list of Know Your Customer entities covered by New Zealand Law:

    • Banks exchange offices, and money service businesses
    • Credit card companies
    • Mortgage lenders
    • Casinos
    • Securities brokers/dealers
    • Safekeeping providers
    • Asset and individual or collective portfolio managers
    • Life insurance or other investment related insurance

New Zealand – Suspicious Transaction Reporting (STR) Requirements:

Number of STRs received and time frame: 4,357 in 2010

Number of CTRs received and time frame: Not available

The following is a list of STR covered entities covered by New Zealand Law:

    • Banks exchange offices, and money service businesses
    • Credit card companies
    • Mortgage lenders
    • Casinos
    • Securities brokers/dealers
    • Safekeeping providers
    • Asset and individual or collective portfolio managers
    • Life insurance or other investment related insurance

MONEY LAUNDERING CRIMINAL PROSECUTIONS/CONVICTIONS:

Prosecutions: 156 in 2009
Convictions: 55 in 2009

ENFORCEMENT AND IMPLEMENTATION ISSUES AND COMMENTS:

The Government of New Zealand (GONZ) is actively taking measures to comply with international standards and strengthening its ability to detect and deter money laundering and terrorist financing. New Zealand‘s Anti-Money Laundering/Counter-Terrorist Financing Act of 2009 sets reporting requirements for financial service providers and casinos and establishes a risk-based approach to tracking potential money laundering and terrorism financing activities. However, while the Act is in force, the Ministry of Justice is still finalizing regulations, and enforcement will not begin until 2013, in part to give covered entities more time to accommodate the changes. The New Zealand FIU anticipates an increase in reporting in 2014, and has hired additional personnel to manage the workload.

The GONZ is considering proposed amendments to the Companies Act, which will address the vulnerabilities created by foreign-owned shell companies.

New Zealand and the United States do not require a bilateral mutual legal assistance treaty (MLAT) to enter into a mutual assistance relationship. The United States has been designated as a ―prescribed foreign country‖ in New Zealand‘s Mutual Assistance in Criminal Matters Act 1992, enabling New Zealand to process requests for assistance from the United States on a reciprocal basis. In practice, New Zealand and U.S. authorities have a good record of cooperation and information sharing in this area. New Zealand regularly cooperates in international money laundering and terrorist financing initiatives and investigations.

Risk

Sovereign risk

Sovereign risk

Political risk

Political risk is low. Overall social stability is very high, minimising the likelihood of public unrest. Although the coalition relies on a number of small parties to govern, and recently lost a by-election, it is likely to remain stable and persist until the next general election in 2017. State institutions are successful in formulating and executing policy.

Economic structure risk

The country’s reliance on exports of agricultural, fishing and forestry products leaves the economy vulnerable to fluctuations in global commodity prices and to the impact of adverse weather. The large current-account deficit is also a risk factor.

Travel Risk

Security

The decision to travel is your responsibility. You are also responsible for your personal safety abroad. The purpose of this Travel Advice is to provide up-to-date information to enable you to make well-informed decisions.

Crime

Street crime takes place in major cities. Theft occurs from hotel rooms, tourist sites, recreational areas and unattended vehicles. Ensure that your personal belongings, passports and other travel documents are secure at all times.

Terrorism

In October 2014, the Government of New Zealand raised its national terrorism threat level from Very Low to Low. Continue to exercise normal security precautions.

Transportation

Traffic drives on the left. Visit the website of the New Zealand Transport Agency to view its road code.

Travel times by car are easy to underestimate, as roads can be narrow, winding and cover hilly terrain. Weather conditions can change quickly, particularly during winter. Snow, ice, fog, rain and strong winds can lead to dangerous driving conditions. Landslides caused by heavy rain can block or wash away roads. Mountain roads, including those leading to ski hills, may be narrow, unpaved and without safety barriers. The New Zealand Transport Agency and the New Zealand Automobile Association publish information on road closures and warnings.

Be on the lookout for roaming animals in rural areas; dairy herds often cross main roads at milking time. Railway crossings may not have barriers, and bells may ring only during daylight hours, especially in rural areas.

Public transportation is considered reliable and safe.

See Transportation Safety in order to verify if national airlines meet safety standards.

Adventure activities

Although many tourists participate in adventure activities in New Zealand without problem, serious accidents have occurred and some activity operators have been accused of negligence. Make sure to choose a reputable company.

Ensure that you bring suitable and durable clothing and equipment on hikes. Obtain detailed information on trekking routes and weather forecasts. Leave a detailed itinerary with a friend or local acquaintance and consider carrying a personal locater beacon.

General safety information

Check with local tourist authorities before travelling to remote areas.

Cellular telephone coverage may be limited in remote areas.

Emergency services

Dial 111.

Address Format

Cocaine Price $179.3 per gram
Ecstasy Price $28.7 per pill
Heroin Price $717.4 per gram
Marijuana Price $14.3 per gram
Meth Price $573.9 per gram
Counterfeiting $0.134 Billion ($134 Million)
Cigarette Smuggling $0.018 Billion ($18 Million)
Drug Trafficking $1.25 Billion
Illegal Fishing $334 Million
Illegal Logging $222 Million
Marijuana $98 Million
Movie Piracy $49 Million
Number of Prostitutes 3500
Software Piracy $85 Million
Total Country Black Market Value $0.806 Billion ($806 Million)

Summary

Calendar GMT Reference Actual Previous Consensus Forecast
2014-09-17 11:45 PM Q2 3.9% 3.8% 3.8% 3.96%
2014-12-17 09:45 PM Q3 3.2% 3.2% (R) 3.3% 3.26%
2015-03-18 09:45 PM Q4 3.5% 3.2% 3.3% 3.44%
2015-06-17 11:45 PM Q1 3.5% 3.76%
2015-09-17 11:45 PM Q2 3.72%
2015-12-17 09:45 PM Q3 3.64%

 

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