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Health Practitioners Competence Assurance Act 2003

3: Competence, fitness to practise, and quality assurance

61   Minister may authorise disclosure of information

    61 Minister may authorise disclosure of information

  (1)  If the Minister is satisfied, in respect of any information to which
section 59 applies, that the information relates to conduct (whenever
occurring) that constitutes or may constitute a serious offence, the Minister
may, by notice in writing signed by the Minister, authorise the disclosure of
that information, in any manner and on any conditions that are specified in the
notice, for any 1 or more of the following purposes:

      (a)  for the purposes of the investigation and prosecution of offences:

      (b)  for the purposes of a Royal Commission, or a commission of inquiry
appointed by an Order in Council made under the Commissions of
Inquiry Act 1908, or an inquiry board appointed under the New Zealand Public
Health and Disability Act 2000.

  (2)  Subsection (1) does not authorise the Minister to authorise the
disclosure of information of a non-factual nature (such as expressions of
opinion) unless
the information consists only of matter contained in a report prepared by a
person who engaged in the protected quality assurance activity.

  (3)  The Minister may at any time---

      (a)  revoke any Ministerial authorisation under subsection (1); or

      (b)  revoke, amend, or add to any condition imposed on a Ministerial
authorisation under subsection (1).

  (4)  The fact that a Ministerial authorisation authorises the disclosure of
information does not---

      (a)  require the disclosure of that information; or

      (b)  create a duty to disclose that information.
Compare: 1995 No 95 s 72

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