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Other Matters > Limits on Disclosure of Information

Limits on disclosure of information

(1) Subject to subsection (3), no confidential information maybe disclosed by the Authority without the written consent of the party who provided such information to the Authority.

(2) For the purpose of this section, information is confidential information if the provider of the information has requested in writing to the Authority that information be kept confidential and where the Authority is satisfied that the request is reasonable.

 (3) The Authority shall determine the reasonableness of a request under subsection (2) taking into consideration: 

(a) the likelihood and seriousness of harm to the party making the request resulting from disclosure; 

(b) the fairness to another party or parties of not having access to the information; and 

(c) the effect on transparency of the Authority’s decision-making. 

(4) Subsection (1) does not apply to disclosure of information - 

(a) to the Commerce Commission; 

(b) in respect of any investigation of any criminal offence; 

(c) for the purpose of any civil or criminal proceedings; or 

(d) in respect of information which is in the public domain.
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