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Document your legal authority

Consider whether your agency needs to set up an information sharing agreement.

Why you need to document your legal authority

Documenting the legal authority:

  • ensures all agencies understand the lawful basis for the sharing
  • allows others to raise queries if they think you’re incorrect
  • gives context for the other information in your documentation about what you’re sharing, who you’re sharing with and for what purpose.

What is a legal authority

Check if you need an information sharing agreement

Some legal authorities require or permit sharing in very specific circumstances on an ad hoc basis. In these instances, it may not be necessary to have a full information sharing agreement. You can document your use of the legal authority in a different way.

For example, where information is being shared under section 66C of the Oranga Tamariki Act, it may well be sufficient to use the Oranga Tamariki section 66C request for information templates and to record your requests and disclosures in an appropriate register.

Set up an information sharing agreement

If you’re setting up an information sharing agreement to document your sharing, the legal authority is recorded in that agreement.

Develop an information sharing agreement

Note: An information sharing agreement is not a legal authority to share information.

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