sec.40Commission may issue directions about notifications

### sec.40 Commission may issue directions about notifications The commission may issue directions about the following— the kinds of complaints a public official must notify, or need not notify, the commission of under section 37 or 38 ; how and when a public official must notify the commission of complaints under section 37 or 38 . Before issuing a direction, the commission must consult with, and consider the views of— the relevant public official; and if the direction relates to the chief executive officer of a public service entity under the Public Sector Act 2022 —the Public Sector Commission under that Act. In particular, if a direction would require the commissioner of police to disclose information otherwise protected by the Police Powers and Responsibilities Act 2000 , section 266 or the Drugs Misuse Act 1986 , section 119 , the commission may issue the direction, but before doing so must have regard to the desirability of protecting confidentiality. A public official must comply with a direction given under subsection (1) . The commission may use or disclose information mentioned in subsection (3) in the administration of this Act, but must maintain the confidentiality of the information to the greatest practicable extent. s 40 amd 2002 No. 35 s 13 sch ; 2005 No. 45 s 68 ; 2000 No. 5 s 810 sch 4 (amd 2006 No. 26 ss 84 , 86 ); 2014 No. 21 s 18 ; 2022 No. 34 s 365 sch 3 (sec.40-ssec.1) The commission may issue directions about the following— the kinds of complaints a public official must notify, or need not notify, the commission of under section 37 or 38 ; how and when a public official must notify the commission of complaints under section 37 or 38 . (sec.40-ssec.2) Before issuing a direction, the commission must consult with, and consider the views of— the relevant public official; and if the direction relates to the chief executive officer of a public service entity under the Public Sector Act 2022 —the Public Sector Commission under that Act. (sec.40-ssec.3) In particular, if a direction would require the commissioner of police to disclose information otherwise protected by the Police Powers and Responsibilities Act 2000 , section 266 or the Drugs Misuse Act 1986 , section 119 , the commission may issue the direction, but before doing so must have regard to the desirability of protecting confidentiality. (sec.40-ssec.4) A public official must comply with a direction given under subsection (1) . (sec.40-ssec.5) The commission may use or disclose information mentioned in subsection (3) in the administration of this Act, but must maintain the confidentiality of the information to the greatest practicable extent. - (a) the kinds of complaints a public official must notify, or need not notify, the commission of under section 37 or 38 ; - (b) how and when a public official must notify the commission of complaints under section 37 or 38 . - (a) the relevant public official; and - (b) if the direction relates to the chief executive officer of a public service entity under the Public Sector Act 2022 —the Public Sector Commission under that Act.