Cabinet Manual

Protection and classification of official information

 

8.2 The government holds a large quantity of information of all kinds. The law governing the collection, storage, release, and use of official information is mainly set out in the Public Records Act 2005, the Official Information Act 1982, and the Privacy Act 1993. All government information should be treated with care and protected from unauthorised release.

8.3 Government documents may be given a security classification. Classified documents must be handled according to the manual Security in the Government Sector. Guidance on the application of security classifications to Cabinet material is set out in Cabinet Office circular CO (08) 1 Security Classification System: Application to Cabinet Documents and in the CabGuide. (See paragraph 8.34 for information on the release of classified information under the Official Information Act 1982.)

Proactive release of Cabinet material

8.4 Cabinet material (Cabinet and Cabinet committee papers and minutes) may be released proactively, most often through publication online. The proactive release of Cabinet material may result from a Minister directing its release, or from the relevant department seeking the Minister's approval to release it. The key principles for proactive release of Cabinet material follow.

  1. Only Ministers may approve the proactive release of Cabinet material (they may wish to first discuss the proposed release with Cabinet colleagues).
  2. The person administering the release of the material should:
  3. Where appropriate, papers and relevant minutes should be published together so that readers have the background to the decisions made by Cabinet.
  4. The material released should preferably show that it has been approved for release.
  5. If the material is to be published online, the current New Zealand Government Web Standards and Recommendations should be followed (see www.e.govt.nz/standards).

8.5 More detailed guidance on the process for publishing Cabinet material online is set out in the CabGuide.

Improper release or use of official information

Unauthorised release of official information

8.6 If official information is released without authority, a range of responses may be considered, depending on the circumstances. These include:

  1. an internal inquiry by the chief executive of the department concerned, perhaps in association with the State Services Commission;
  2. an inquiry by the Secretary of the Cabinet;
  3. a ministerial inquiry (see paragraphs 4.91 - 4.92);
  4. a State Services Commission inquiry at the direction of the Prime Minister or Minister concerned, or initiated by the State Services Commissioner;
  5. a police inquiry.

8.7 Sections 78A of the Crimes Act 1961 and 20A of the Summary Offences Act 1981 create an offence, in certain circumstances relating to the security and defence of New Zealand, of improperly disclosing or retaining official information.

Exploitation of official information for private gain

8.8 The use by an official of official knowledge for private gain or benefit of others, even if not involving the disclosure of information, is an offence under section 105A of the Crimes Act 1961.

8.9 A government contractor or other person outside the public service entrusted with official information in confidence should not use or communicate that information other than for the purpose for which it was given. In appropriate cases, Ministers and departments should ensure that the agreement with a contractor or consultant includes a confidentiality clause.

Commercially sensitive information

8.10 Ministers and officials have access to a wide range of information about commercial entities that is not generally available to the public. They must ensure that they do not use this information in any way that affects their personal interests or the personal interests of others. Chapter 2 contains guidance for Ministers on identifying and managing conflicts of interest, including those arising from access to information. The State Services Commission provides guidance on the management of officials' conflicts of interest.

8.11 In particular, Ministers and officials may receive or create information about companies that are listed on the stock exchange. Such information should be treated with care as breaches of the insider trading and market manipulation regimes in the Securities Markets Act 1988 can result in significant fines or imprisonment. When dealing with information relating to companies that are listed on securities exchanges, Ministers and officials should therefore:

  1. take precautions to ensure that the information is appropriately handled;
  2. consider how and when to release information in a way that minimises potential impacts on markets;
  3. take care when making statements that could inadvertently and inappropriately influence third parties;
  4. avoid misleading the market.

8.12 In addition, Ministers and officials who hold information about a listed company that is not generally available to the market must not trade in the securities of that company. This prohibition includes trading through trusts and other vehicles if the Minister or official is aware that the trust or vehicle is undertaking the trading. More detailed guidance for Ministers and officials on the insider trading and market manipulation regimes is set out in Cabinet Office circular CO (08) 5 Guidance for Dealing with Information Relating to Public Issuers and Securities Markets.