8Agriculture Commissioner’s power to require information

8 Agriculture Commissioner’s power to require information

8 Agriculture Commissioner’s power to require information

(1) The Commissioner may, by notice given to a relevant executive, require the relevant executive to give specified information to the Commissioner.

(2) A notice may only require information to be given to the Commissioner if the information is reasonably required for the exercise of the Commissioner’s functions.

(3) A notice must specify—

(a) the way in which the information must be given, and

(b) a reasonable time within which the information must be given.

(4) A notice may require information to be given to the Commissioner that includes personal information, within the meaning of the Privacy and Personal Information Protection Act 1998.

Note—

Under the Privacy and Personal Information Protection Act 1998, section 25, a public sector agency is not required to comply with particular provisions of that Act if non-compliance is otherwise permitted, or is necessarily implied or reasonably contemplated, under another Act.

(5) A notice may only require a relevant executive to give existing information that is—

(a) in the possession of the relevant Public Service agency or relevant State owned corporation, or

(b) within the power of the relevant Public Service agency or relevant State owned corporation to obtain lawfully.

(6) The Commissioner may take copies of information given to the Commissioner under this section.

(7) A relevant executive given a notice under this section must comply with the notice unless the relevant executive has a reasonable excuse.

(8) In this section—

information includes a document.

relevant executive means—

(a) for a relevant Public Service agency—the head of the agency, or

(b) for a relevant State owned corporation—the chief executive officer or a director of the State owned corporation.

relevant Public Service agency means a Public Service agency, within the meaning of the , that has functions relating to, or is otherwise involved in, agricultural matters.