Transparency statement about information gathering
Purpose of this statement
This transparency statement explains how we collect, use and share information gathered about individuals and organisations for the purposes carrying out our statutory functions under the WorkSafe New Zealand Act 2013, in particular in relation to our compliance and enforcement activity. It also explains how you can make a complaint about our information-gathering activities, and how you can request information from us.
We take care to exercise our information gathering powers appropriately and to meet our legal obligations, including those under the Privacy Act 1993. We also take care to fulfil our obligations under the State Sector Code of Conduct, and Information Gathering Model Standards at all times.
Any information gathering we carry out is done in accordance with relevant internal processes and procedures, and in accordance with internal delegations and authorisations. Our processes and activities are regularly reviewed to ensure compliance with the law, and with our internal policies and procedures.
This statement applies to information gathered by us, our contractors, or any third parties engaged by us.
What information is covered by this statement, and why do we collect it?
We collect, use and share information when we are carrying out our statutory functions under the WorkSafe New Zealand Act 2013. Our statutory functions include:
- monitoring and enforcing compliance with health and safety legislation (such as the Health and Safety at Work Act 2015 (the HSWA), the Gas Act 1992, and the Electricity Act 1992);
- collecting, analysing and publishing statistics and other information about work health and safety;
- sharing information with other agencies and interested persons who contribute to work health and safety; and
- promoting and co-ordinating implementation of work health and safety initiatives by partnering or collaborating with other agencies.
When carrying out these functions, we may require or collect a range of personal and other information. This includes:
- information relating to duty-holders under health and safety legislation (whether they are individuals or organisations);
- information about work, workplaces and the workers who work there;
- information about applicants for, and holders of, certificates, licences and other types of authorisations; and
- information shared with us by other regulatory agencies because they consider it may assist us to carry out our functions.
Our legislation gives us powers to require information we need to ensure that people and organisations comply with health and safety legislation, and to carry out investigations where we believe there may be breaches.
We also have legal obligations that apply to how we must protect the information we collect, and how we may use or disclose it.
Information collected directly
Most of the information we collect is provided directly by people or organisations, or their authorised representative, in order to meet their statutory obligations and according to our powers as a regulator. This includes information we collect under:
- powers to require information under the HSWA;
- provisions relating to the certification, licensing, or other authorisations of individuals or organisations under the HSWA;
- powers to require information under the Hazardous Substances and New Organisms Act 1996;
- powers under the Gas Act 1992 in relation to gas distribution systems, installations or appliances; and
- powers under the Electricity Act 1992 in relation to electrical works, installations or appliances.
Where necessary and allowed by law, we may also collect or require information under the Search and Surveillance Act 2012.
Where we obtain information using statutory powers, we are clear about the powers we have and the reasons for collecting the information.
Information collected from other persons or organisations
In carrying out our statutory functions, we may gather information from other people or organisations. Any such information is collected or required in accordance with any relevant statutory powers and in compliance with relevant legislation, information sharing agreements, memoranda of understanding and our internal policies.
We may also collect publicly-available information – for example media reports – where that is relevant to carrying out our statutory functions.
We take all steps that are reasonable to ensure that the information we collect or receive from third parties is accurate.
What do we do with the information we collect?
Generally, if we collect information for a particular purpose, we only use it for that purpose. If we wish to use the information for another purpose, we make sure we only do this as allowed or required by the law, or with permission from the person in question.
Do we share the information we collect?
We may share information where necessary to carry out our statutory functions. Information is shared in accordance with relevant statutory powers and in compliance with relevant legal obligations and any information sharing agreements, MOUs with other agencies, and our own internal policies.
This may include when we are considering and investigating compliance breaches, complaints, and initiating our own investigations or inquiries. We take all steps that are reasonable to ensure that the information we provide to third parties is accurate.
We may, for example, share information with:
- other regulatory agencies, where we consider sharing it may assist that regulatory agency to carry out its statutory functions;
- the Police or another government agency, if required or allowed by law (for example, to assist with the investigation or prosecution of a criminal offence); or to report significant misconduct or breach of duty; or where there is a serious threat to health and safety; or
- the Police, if our staff are threatened or abused.
How will we protect information?
Inquiries and complaints
For general inquiries, you can contact us here.
If you have any inquiries or complaints about our information gathering activities, or believe we have not acted in accordance with this statement, you can find out about making a complaint on our website.
Feedback and Complaints
WorkSafe New Zealand
PO Box 165
Our website also has information about how you can request information under the Official Information Act 1982 and the Privacy Act 1993.