Transparency statement about information gathering for regulatory compliance purposes

Purpose of this statement

This transparency statement explains how we collect, use, and share information gathered about individuals and organisations for the purposes of carrying out our statutory functions under the Education Act 1989.

In particular, this statement relates to our regulatory compliance activity that ensures compliance with the Education legislation.

It also explains how you can make a complaint about our information-gathering activities, and how you can request information from us.

Overarching statement

We take care to exercise our information gathering powers lawfully and appropriately, and to meet our legal obligations including those in the Privacy Act 1993. We also take care to fulfil our obligations under the State Sector Code of Conduct and Information Gathering Model Standards, and to follow the Ministry of Education Code of Conduct 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 reviewed when required 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?

Our legislation gives us powers to collect, use and share information we need to perform our statutory function to:

  • ensure that early childhood education and care service providers comply with licencing requirements; and
  • carry out investigations where we believe there may be breaches.

When carrying out these functions, we may require or collect a range of personal and other information about services.

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.

Where we obtain information using statutory powers, we are clear about the powers we have and the reasons for collecting the information.

Information received from third parties

In carrying out our statutory functions, we may receive information relevant to our statutory functions from other people or agencies. Any such information is collected 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 – such as from the Companies Register or from 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. We can only use the information for another purpose where we are allowed or required to do so by the law, or with permission from the person in question.

In order to carry out our regulatory compliance function, we may use the information we hold as evidence, as well as for analysis, risk assessment, audit, monitoring, and/or prosecution purposes. In doing so we will comply with our obligations under the Privacy Act 1993.

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, memoranda of understanding, 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;
  • other government agencies where we are required or permitted to do so by law (such as under the Privacy Act 1993, the Oranga Tamariki Act 2017, the Family Violence Act 2018, the Official Information Act 1982, or an Approved Information Sharing Agreement); or
  • the Police, if our staff are threatened or abused.

How will we protect information?

Information is stored and retained in accordance with our Privacy Policy, our Records Management Policy, and our Information Privacy and Security Policy. We also comply with legal obligations about retention and protection of information under the Privacy Act 1993 and the Public Records Act 2005.

Enquiries and complaints

If you have any enquiries 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.

Ministry of Education complaints

You can also email enquiries.national@education.govt.nz

Our website also has information about how you can request information under the Official Information Act 1982 and the Privacy Act 1993 on our contact page.

Contact the Ministry of Education 

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