THE STATISTICS ACT 1975
1975, No. 1
An Act to consolidate and amend the Statistics Act 1955; and to make provision for official statistics; for [a Department having the name Statistics New Zealand] and the office of Government Statistician; and for the independence of the Statistician in the execution of his duties [24 April 1975
Hist. Title : Omitted words "the Department of Statistics" and substituted words "a Department having the name Statistics New Zealand" on 15 December 1994 by 1994, No. 159, s.2 (1).
1. Short Title - This Act may be cited as the Statistics Act 1975.
2. Interpretation - In this Act, unless the context otherwise requires,
-"Appropriate Officer",-
(a) In relation to a Government agency or local authority, means the principal administrative officer thereof or a person duly authorised by him:
(b) In relation to any other Government Department, means the permanent head thereof or an officer duly authorised by him:
["The Department" means the Department referred to in section 12 of this Act:]
"Dwelling"-
(a) Means-
(i) A building, erection, or tenement, whether permanent or temporary, which is wholly or partly used for the purpose of human habitation.
(ii) In a case where a building is let, sublet, or held in different apartments, and occupied by different persons or families, each part so let, sublet, or held and used
for the purpose of human habitation:
(b) Includes-
(i) A ship or other vessel in any port, harbour, or dock in New Zealand or on any river or lake therein, or ashore, or on a passage between any 2 New Zealand ports:
(ii) A bach, whare, hut, caravan, tent, or shelter:
(iii) A train, an aeroplane, or a vehicle of any kind:
["Employee of the Department", means any person employed in or by the Department, whether permanently or temporarily, and includes any person employed under section 19 of this Act:]
"Government agency" means any agency of the Executive Government of New Zealand that has, by Order in Council, been declared to be a Government agency for the purposes of this Act:
"Government Department" means any Department, or instrument of the Executive Government of New Zealand; and includes a Government agency:
"Local authority" means a local authority within the meaning of section 2 (1) of the Local Government Act 1974:
"Minister" means the Minister of Statistics:
"Occupier" or "person in charge",-
(a) In relation to any dwelling, farm, factory, mine, workshop, office, shop, or other place of business, penal institution, hospital, mental hospital, or other public or charitable institution, includes the person for the time being in charge thereof:
(b) In relation to any ship or vessel, includes the master or other person for the time being in charge thereof:
(c) In relation to any aircraft, includes the person for the time being in command thereof:
(d) In relation to any train or vehicle, includes the person for the time being in charge thereof:
(e) In relation to an undertaking, includes the manager, secretary, clerk, or other executive officer of the undertaking, or any person actually in charge on behalf of the undertaking:
"Official statistics" means statistics derived by Government Departments from:
(a) Statistical surveys as defined in this section; and
(b) Administrative and registration records and other forms and papers the statistical analyses of which are published regularly, or are planned to be published regularly, or could reasonably be published regularly:
"Respondent" means any person who supplies or is required to supply statistical information:
"Sampling" means a statistical procedure by which information relating to a whole field of inquiry is derived by applying statistical techniques to information obtained in respect of a proportion of the total number of persons concerned in the relevant field of inquiry:
["Schedule" means any book, document, form, card, tape, disc, or storage media on which the information required is entered or recorded or is required to be entered or recorded for statistical purposes under this Act:]
"Statistical survey" means a survey of undertakings, or of the public of New Zealand, whereby information is collected from all persons in a field of inquiry or from a sample thereof, by a Government Department pursuant to the authority of this Act or any other Act, or without specific provision in any Act, wholly or primarily for the purpose of processing and summarising by appropriate statistical procedures and publishing the results of the survey in some statistical form:
"Statistician" means the Government Statistician; and includes any person for the time being authorised to exercise or perform any of the powers, duties, or functions of the Government Statistician:
"Undertaking" includes a Government Department, local authority, and any other form of organisation or body of persons or any part thereof.
Cf. 1955, No. 45, s.2
Status Compendium
Hist. "The Department": Definition repealed and substituted on 15 December 1994 by 1994, No. 159, s.2 (2). The repealed definition is listed below for reference.
" 'The Department' means the Department of Statistics:"
Hist. "Employee of the Department": Definition repealed and substituted by s.2 of the Statistics Amendment Act 1985.
Hist. "Schedule": Definition repealed and substituted by s.2 of the Statistics Amendment Act 1982.
PART I: OFFICIAL STATISTICS
3. Official statistics and co-ordination - (1) Official statistics shall be collected to provide information required by the Executive Government of New Zealand, Government Departments, local authorities, and businesses for the purpose of making policy decisions, and to facilitate the appreciation of economic, social, demographic, and other matters of interest to the said Government, Government Departments, local authorities, businesses, and to the general public.
(2) In order to co-ordinate as effectively as possible, and to render most useful the official statistics produced, and also to avoid unnecessary duplication of requests for information, all official statistics shall be subject to this Part of this Act, except where an exemption is specifically made by regulations made under this Act or by the Minister in writing.
4. Classes of official statistics - Information may be required of any person in a position to provide it to enable the production of official statistics of any or all of the following kinds:
(a) Population and dwellings, migration (internal and external), vital and other demographic and social matters:
(b) Health, welfare, and morbidity:
(c) Cultural participation, education, and recreation:
(d) Law enforcement and the administration of justice:
(e) Matters relating to the social and physical environment:
(f) Labour and manpower, including conditions of employment; work descriptions; wages, including direct and indirect emoluments; hours of work and labour disputes:
(g) Accidents, including industrial injuries:
(h) Incomes, earnings, and related emoluments; expenditure and taxation:
(i) Household (including family) characteristics, conditions, and activities:
(j) Land tenure, occupation of land, and condition of land:
(k) Assets (including savings), liabilities, and wealth of persons, and undertakings:
(l) Prices of property (real, personal, and choses in action) and of commodities and services at any or all transaction levels:
(m) Internal trade, external trade, visible and invisible, and financial transactions with other countries:
(n) Travel, internal and overseas:
(o) Economic financial, production, and other matters relating to undertakings, including public administration, the Executive Government of New Zealand and local authorities; forestry, fishing, trapping; agriculture; mines, quarries, and wells; manufacturing; construction; transportation, storage, and communications; electric power, gas, and water utilities; wholesale and retail trade; finance, insurance, and real estate; restaurants; hotels and accommodation; and other community, business, welfare, and personal services:
(p) Other similar matters, and such other matters as are prescribed by regulations under this Act.
Cf. 1955, No. 45, s.11
5. Necessity to inform Statistician of details of official statistics - (1) As soon as practicable after the commencement of this Act, the permanent head or principal administrative officer of each Government Department shall inform the Statistician of the official statistics for which that Department is responsible. This information may, if the Statistician requires, include details of the concepts, classifications, and schedules used, the statistical methods and procedures employed, the resources employed, the means of publishing the official statistics and all other such matters as the Statistician may require so that he can exercise his duties under this Act; and thereafter an appropriate officer shall advise the Statistician of these matters when any new official statistics or substantial alteration to exiting official statistics is being proposed in relation to his Department, or when any document which is being used or proposed to be used as the source of official statistics is being amended or drafted.
(2) The Statistician, after discussion with an appropriate officer of the Government Department concerned, may in any specific or general case, waive or relax, in whole or in part, the duty under subsection (1) of this section in respect of that Government Department.
(3) In the case of a disagreement between the parties in any discussion pursuant to subsection (2) of this section, the Minister shall decide the matter.
{Editorial Note: "exiting" in 5(1) should read existing.}
6. Minister to approve all statistical surveys - (1) No Government Department shall commence or commission any statistical survey or make a substantial alteration to an already existing survey without the [written] approval of the Minister:
Provided that the Minister, after receiving a report from the Statistician, made after consultation with an appropriate officer of the Government Department concerned, may, in any specific or general case, waive or relax the duty under this subsection in respect of that Government Department.
(2) All applications for approval to conduct a statistical survey or make substantial alteration to an existing one shall be made in terms of paragraph (g) or paragraph (h) of section 14 of this Act.
(3) Statistical surveys of the kind provided for by this Act that are being collected, compiled, analysed, abstracted, or published by or on behalf of the Department or by any other Government Department at the commencement of this Act shall continue to be collected, compiled, analysed, abstracted, and published by the Department or the other Government Department that was collecting, compiling, analysing, abstracting, or publishing them at the commencement of this Act as if they had been approved by the Minister in terms of this Act unless and until the Minister, after receiving a report from the Statistician, made after consultation with an appropriate officer of the Government Department concerned, decides otherwise.
Status Compendium
Hist. s.6 (1) inserted word "written" by s.3 of the Statistics Amendment Act 1982.
7. Periodic reviews - (1) The Statistician shall from time to time review the collection, compilation, analysis, abstraction, and publication of official statistics prepared by his own Department and by other Government Departments.
(2) Any Government Department shall, within a reasonable time after receiving notification in writing from the Statistician that a review as provided for in subsection (1) of this section is to be made, provide such reasonable facilities as are necessary to facilitate completion of the review.
8. Sampling - (1) Official statistics may be collected by means of the statistical procedure known as sampling, in place of a full enumeration, where the use of that method is considered appropriate.
(2) The fact that, because of any sampling procedure, only a portion of a particular group of persons is required to fill in a schedule or to answer any inquiry shall not be a defence to the failure of any person to fill in that schedule or to answer that inquiry if so required by any Act.
Cf. 1955, No. 45, s.19
[9. Joint collections - (1) The Statistician, after consultation with an appropriate officer of the other Government Department, local authority, or statutory body (whether corporate or unincorporated) concerned, may recommend to the Minister that an agreement be made by the Statistician with any other Government Department, local authority, or statutory body (whether corporate or unincorporated) for information that they have authority to collect to be collected jointly by the Department [] and the other Government Department, local authority, or statutory body (whether corporate or unincorporated), and that this information be exchanged as between the agreeing parties to the agreement:
Provided that:
(a) The respondent shall, by notice in writing, be informed that the information is being collected jointly by the Department [] with or on behalf of a Government Department, local authority, or statutory body (whether corporate or unincorporated), which notice shall state the purposes to which the information will be put; and
(b) The authorisation shall be of no effect in relation to any respondent who gives notice in writing to the Statistician that he objects to the sharing of information by the parties to the joint collection.
(2) Any employee of any Government Department, local authority, or statutory body shall, if engaged in the joint collection of information or the processing of information collected in a joint collection, make a declaration of secrecy similar to the declaration of secrecy prescribed by section 21 of this Act.
(3) A declaration of secrecy shall be required under subsection (2) of this section regardless of whether the employee has made a declaration of secrecy under any other Act.]
Status Compendium
Hist.s.9 (1) omitted words "of Statistics" after word "Department" on 15 December 1994 by 1994, No. 159, s.2 (4) (a).
Hist.s.9 (1) proviso para. (a): Omitted words "of Statistics" after word "Department" on 15 December 1994 by 1994, No. 159, s.2 (4) (a).
Hist.s.9 repealed and substituted by s.4 of the Statistics Amendment Act 1982.
13. Office of Government Statistician - There shall from time to time be appointed under [the State Sector Act 1988] an officer to be called the Government Statistician, who shall be the administrative head of, and control, the Department [] and have such functions, duties, and powers as are conferred or imposed on him by this Act or any other Act.
Cf. 1955, No. 45, s.4
Status Compendium
Hist.s.13 omitted words "of Statistics" after word "Department" on 15 December 1994 by 1994, No. 159, s.2 (4) (a).
14. Duties of Government Statistician - The duties of the Statistician shall be:
(a) To make such reports to the Minister as are required by this Act, which reports shall have regard to the needs of user Departments; and, where consultations have been held, shall include the results of such consultations:
(b) To advise the Minister on statistical policy matters, and where appropriate to confer with appropriate officers of other Government Departments to that end:
(c) To keep the Minister informed of the statistical projects of all Government Departments, and to provide, where appropriate after consultation with an appropriate officer of any other Government Department concerned, any explanation required of the Statistician by the Minister of the purpose, scheme, methodology, and usefulness of any existing or proposed official statistical project:
(d) To collect, with the [written] approval of the Minister, information concerning any or all of the matters specified in section 4 of this Act:
(e) To compile, analyse, abstract, and publish, with or without comments, official statistics:
(f) To advise other Government Departments on the conception of statistical projects initiated or carried on by them, and to promote the observance of approved statistical standards by those Government Departments:
(g) To consult with appropriate officers of other Government Departments on the need for, and the scope, procedure, and form of any existing or proposed statistical survey being or to be carried out by the Departments; and to make a report to the Minister on the necessity for and the scope of any such survey and the Government Department or Departments to be responsible for the survey:
(h) To make, after consultation with an appropriate officer of any other Government Department concerned, a report to the Minister on the need for the continuance or discontinuance or the variation of any current collections of official statistics:
(i) To define, lay down. and promote standard concepts, procedures, definitions, and classifications for use in official statistics:
(j) To make or construct such estimates, forecasts, projections, and statistical models as the Statistician may from time to time consider necessary:
(k) To take the census of population and dwellings of New Zealand as provided for in Part III of this Act:
(l) To examine and comment, where the Statistician considers necessary, on the interpretation and validity of any published unofficial statistics; and to publish any such statistics and comment thereon as the Statistician considers necessary:
(m) To carry out such investigations, do all such things, and provide such certificates, as may be required of him by any other Act:
(n) To supply, where the Statistician considers appropriate, specifications of the methods, procedures, and definitions used in the collection and preparation of the official statistics he produces, subject to section 37 of this Act.
Cf. 1955, No. 45, Ss.3, 4 (2)
Status Compendium
Hist. s.14 (d) inserted word "written" by s.5 of the Statistics Amendment Act 1982.
15. Independence of Government Statistician -
(1) The Statistician shall have the sole responsibility for deciding the procedures and methods employed in the provision of any statistics produced or to be produced by the Statistician, and shall also have the sole responsibility for deciding the extent, form, and timing of publication of those statistics.
(2) Notwithstanding the provisions of subsection (1) of this section, where at the direction of the Minister the Statistician is required to collect or cease collection of statistics of any kind provided for by this Act and the Statistician would not without such a requisition produce or cease production of those statistics, he shall carry out the direction of the Minister, but the Statistician in such circumstances may make public without comment the fact that the statistics have been collected and published, or that collection and publication has ceased, at the direction of the Minister.
16. Annual report -
(1) The Statistician shall, as soon as practicable after the close of each financial year, furnish to the Minister a report on the administration of this Act during the financial year.
(2) The report shall be laid by the Minister before Parliament as soon as practicable after its receipt by him.
Cf. 1955, No. 45, s.36
[17. Deputy Government Statisticians -
(1) There shall from time to time be appointed under [the State Sector Act 1988] as many Deputy Government Statisticians as may be necessary for the effective and efficient carrying out of the functions and duties of the Department.
(2) Subject to the control of the Statistician, each Deputy Government Statistician shall perform such general official duties (including the exercise of functions, duties, and powers of the Statistician) as are for the time being assigned to him by the Statistician.
(3) On the occurrence from any cause of a vacancy in the office of Statistician (whether by reason of death, resignation, or otherwise) and in the case of absence from duty of the Statistician (from whatever cause arising), and so long as any such vacancy or absence continues, a Deputy Government Statistician shall have and may exercise all the functions, duties, and powers of the Statistician.
(4) The fact that a Deputy Government Statistician exercises any function, duty, or power of the Statistician shall be conclusive evidence of the authority of that Deputy Government Statistician to do so.]
PART III: CENSUS OF POPULATION AND DWELLINGS
22. Provisions to apply to census of population and dwellings -
The provisions of this Part of this Act shall apply with respect to the quinquennial census of population and dwellings, and to any statistical inquiry taken directly with and as a part of that census; and, with respect to any matter not provided for in this Part of this Act, the provisions in the other Parts of this Act relating to statistics generally shall, so far as they are applicable, apply with respect to that census and any such inquiry.
Cf. 1955, No. 45, s.20
23. Census of population and dwellings -
(1) The census of population and dwellings of New Zealand shall be taken by the Department in the year 1976 and in every fifth year thereafter.
(2) The day on which the census of population shall be taken and the time with reference to which the particulars shall relate shall be appointed by the Governor-General by Proclamation.
(3) At a suitable time after the Proclamation made under subsection (2) of this section the Statistician shall publish, by advertisement in such newspapers as may appear to the Statistician to be sufficient for notifying the public of New Zealand, the date of the census, the place where advice and guidance related to the census may be sought, and the names and addresses of [census district supervisors] in the vicinity from whom schedules may be obtained if they have not been delivered.
Cf. 1955, No. 45, s.21
Status Compendium
Hist. s.23 (3) omitted words "enumerators and sub-enumerators" and substituted words "census district supervisors" by s.4 of the Statistics Amendment Act 1985.
24. Particulars to be collected at census
(1) At every census of population and dwellings particulars relating to all of the following matters shall be obtained from every occupier or person in charge of a dwelling:
(a) The name and address, sex, age, and ethnic origin of every occupant of the dwelling:
(b) Particulars of the dwelling as to location, number of rooms, ownership, and number of occupants on census night.
(2) At any census of population and dwellings the Statistician may, if he considers it in the public interest so to do, obtain from every occupier or person in charge of a dwelling particulars relating to all or any of the following additional matters:
(a) The profession or occupation and industry in which employed, nationality and citizenship, health, marital condition, religion, birthplace, duration of residence in New Zealand, address where living at previous census or previous year, number of children, number of hours worked per week for wages or salary or financial reward, status in employment, name and address of employer, mode of transport to and from work, time taken to travel to work, income, address of usual residence, and service in the armed forces of every occupant of the dwelling:
(b) Particulars of the dwelling as to type and tenure of dwelling and nature of materials of structure, household amenities, rent paid, and details of any livestock:
(c) Any information relating to the kinds of statistics for which information may be required pursuant to section 4 of this Act or as may be prescribed by regulations under this Act.
Cf. 1955, No. 45, s.22
25. Duty of persons to obtain census schedule - It shall be the duty of any person who, because of any omission by an employee of the Department or other cause, has failed to receive any schedule relating to the census of population and dwellings by personal delivery at his dwelling to obtain that schedule by application to the nearest [census district supervisor] or to the Statistician or to an employee of the Department and to retain any schedule until it is collected from him by the [census enumerator] for his district or in accordance with an arrangement of which he has been notified, and the fact that any schedule was not delivered at his dwelling shall be no defence in any prosecution against him under this Act for failure to fill in the schedule.
Cf. 1955, No. 45, s.23
Status Compendium
Hist. s.25 omitted word "enumerator" and "sub-enumerator" and substituted words "census district supervisor" and "census enumerator", respectively, by s.5 (a) & (b) of the Statistics Amendment Act 1985.
26. Duty of occupier and other persons abiding in dwelling -
(1) It shall be the duty of every occupier or person in charge of a dwelling to ensure that the particulars demanded in the schedules relating to any census of population and dwellings are furnished with respect to every person abiding in the dwelling of which he is the occupier or person in charge on the day of the census and who is alive at midnight at the end of that day, and who, not being already included in any other census schedule, arrived in that dwelling after that midnight and before midday on the day following.
(2) If any person in respect of whom particulars are required to be furnished pursuant to subsection (1) of this section is not a member of the family of the occupier or person in charge of the dwelling, it shall be the duty of that person to furnish to the occupier or person in charge the particulars necessary for filling in any schedule or schedules, and to fill in any schedule or schedules personal to himself, and to hand the completed schedule or schedules to the occupier or person in charge:
Provided that any person over the age of 15 years may, if that person so wishes, enclose the completed personal schedule or schedules in an envelope endorsed with the census district number, the census sub-district number, the schedule number or numbers, and his name, and seal the envelope before delivery to the occupier or person in charge.
(3) Every occupier or person in charge or [census enumerator] who opens any such envelope commits an offence against this Act:
Provided that it shall not be an offence for a [census enumerator] to open the envelope where these particulars have not been properly endorsed on the envelope and he has been unable after reasonable endeavours to have these particulars completed by the respondent.
(4) Where a dwelling is occupied by 2 or more persons jointly, the duty imposed on the occupier or person in charge as to the furnishing of the particulars of the dwelling schedule for the census of population and dwellings shall lie upon the occupiers or persons in charge severally, save that the performance of the duty of the occupier or person in charge by one of the joint occupiers or persons in charge shall discharge the obligation of the other or others.
Cf. 1955, No. 45, s.24
Status Compendium
Hist. s.26 (3) omitted word "sub-enumerator" and substituted words "census enumerator" in 2 places by s.6 of the Statistics Amendment Act 1985.
27. Particulars of persons not abiding in any dwelling -
(1) The Statistician shall obtain the required particulars in respect of persons not abiding in any dwelling on the night of the census of population and dwellings in such manner as he determines.
(2) Every person who can be lawfully required to provide such information pursuant to this Part of this Act shall, on being required so to do, furnish to the best of his knowledge and belief the required particulars relating to persons who were not abiding in any dwelling on the night of the census of population and dwellings.
Cf. 1955, No. 45, s.25
PART IV: COLLECTION OF STATISTICS BY THE DEPARTMENT
28. Provisions to apply to collections made by statistician - Unless specifically stated to the contrary, the provisions of this Part of this Act shall apply only to the statistics collected pursuant to this Act by the Statistician.
29. Forms -
(1) The Statistician shall design and use such schedules as he sees fit for collecting the statistics authorised by this Act to be collected, and shall lay down for all such schedules the instructions and procedures necessary for the proper distribution, filling in, and return thereof.
(2) Any document purporting to be a schedule authorised pursuant to this Act for use in the collection of statistics or related information, or to set forth any instructions relative thereto, which is produced by any employee of the Department, or by any other person with authority delegated to him by or under any other Act mentioned in the schedule, as being such a schedule or as setting forth such instructions, shall be deemed to have been supplied by the Statistician to the employee of the Department or other such person so producing it, and shall, until the contrary is proved, be sufficient evidence that all instructions therein set forth have been duly issued by or on behalf of the Statistician.
Cf. 1955, No. 45, s.10
[30. Delivery of schedules -
(1) Delivery to any person of a schedule for the purposes of this Act shall be effected by:
(a) Giving it personally to that person; or
(b) Sending it to that person by post addressed to that person either by name or office or as the occupier of the premises, at that person's last known place of abode or business, or at any address given by that person; or
(c) Giving it personally to any other person authorised to act on behalf of that person; or
(d) Sending it to that other person addressed to that person either by name or office or as the occupier of the premises, at that person's usual or last known place of abode or business, or at any address given by that person.
(2) Delivery of a schedule under subsection (1) of this section, if by post, shall be deemed, in the absence of proof to the contrary, to be effected at the time when the schedule would be delivered in the ordinary course of post.]
Status Compendium
Hist. s.30 repealed and substituted by s.7 of the Statistics Amendment Act 1982.
31. Onus to complete schedules -
(1) Delivery to any person of any schedule purporting to be issued under this Act and having thereon a notice requiring that it be filled in and signed within a stated time, shall, as against that person, be a sufficient requirement so to fill in and sign the schedule and, if so required in the notice, to post the schedule within a stated time to the Department.
(2) Delivery at any dwelling or part of a dwelling of any schedule purporting to be issued under this Act, and having thereon a notice requiring that it be filled in and signed within a stated time by the occupier of that dwelling or part of a dwelling, or in his absence by some other member of the household, shall, as against the occupier, be a sufficient requirement so to fill in and sign the schedule, and if so required in the notice, to post the schedule within a stated time to the Department, whether or not the occupier is specifically named in the schedule or personally served therewith.
(3) Delivery at the factory, farm, mine, workshop, office, or place of business or other activity of any person, or his agent, or the occupier thereof, of any schedule purporting to be issued under this Act and having thereon a notice requiring that it be filled in and signed within a stated time, shall, as against that person or occupier, be a sufficient requirement to fill in and sign the schedule, and, if so required in the notice, to post the schedule within a stated time to the Department, whether or not that person or occupier is specifically named in the schedule or personally served therewith.
(4) Where a respondent has been duly requested to provide information and maintains that he has done so and the Statistician has no record of its receipt, the Statistician may supply the respondent with a further copy of the relevant schedule and require him by a further written request to supply the information as originally requested, and the provisions of subsections (1), (2), and (3) of this section shall apply as if this was an original request.
[(4A) Where a respondent has been duly requested to provide information in a schedule delivered to him and either has not supplied all the information required, or the information supplied is inadequate or the Statistician requires the information supplied to be clarified or explained, the Statistician may, by notice in writing delivered to the respondent, require the respondent to supply the information originally required or to clarify the information supplied, as the case may be.
(4B) The respondent to whom a notice under subsection (4A) of this section is delivered shall supply the information or provide clarification of or such explanation with reference to the information supplied, as the case may be, in such manner as may be required by the notice.]
(5) If the Statistician publishes by advertisement in the Gazette, and in such newspapers as may appear to the Statistician to be sufficient for notifying the persons concerned, a list of any classes or descriptions of undertakings in relation to which returns will be required for the purposes of a particular census under this Act, it shall be the duty of the person in charge of each undertaking of any such class or description as aforesaid, who has not received a schedule under section 30 of this Act, to inform the Statistician within such period, being not less than 21 days after the date of publication of the advertisement, as may be specified therein, that such an undertaking as aforesaid exists, and to give the Statistician such prescribed particulars of the undertaking as may be so specified.
Cf. 1955, No. 45, s.16
Status Compendium
Hist.s.31 (4A) & (4B) inserted by s.8 of the Statistics Amendment Act 1982.
32. Furnishing of information required in schedules - Every person from whom particulars for the purposes of any statistical inquiry may lawfully be required pursuant to this Act shall, to the best of his knowledge, when required so to do by the Statistician, or by any employee of the Department authorised in writing by or on behalf of the Statistician, fill in and supply, in accordance with the instructions contained in or accompanying or having reference to any schedule, the particulars specified in that schedule, and, where the form of the schedule contains any certificate or declaration by the person filling in the schedule, shall complete and sign that certificate or declaration in accordance with those instructions.
Cf. 1955, No. 45, s.12
33. Questions asked by Statistician to be answered - Every person who can be lawfully required to provide information pursuant to this Act shall, for the purpose of providing that information, to the best of his knowledge and belief, answer all questions asked him by the Statistician, or by any employee of the Department authorised in writing by or on behalf of the Statistician.
Cf. 1955, No. 45, s.13
34. Completion of schedules by New Zealand agents of overseas traders carrying on business in New Zealand - The provisions of this Act relating to the filling in, signing, and returning to the Department of schedules and the answering of questions shall, in the case of a person residing outside New Zealand or a corporation incorporated outside New Zealand and in either case carrying on business in New Zealand, be complied with by the manager, attorney, or other agent of that person or corporation in New Zealand.
Cf. 1955, No. 45, s.17
[35. Right of entry -
(1) Subject to subsections (2) and (3) of this section, for the purpose of making any inquiries or observations necessary for obtaining the statistics to be collected under the authority of this Act, the Statistician, or any employee of the Department authorised in writing by him, may -
(a) At any reasonable time enter any factory, farm, mine, workshop, office, or place of business, whether carried on solely by the occupier or otherwise, and may inspect any part of the premises, any goods which are being stored or offered for sale, and any books of account, vouchers, documents, or other business records; and
(b) Require any person who, by reason of his office, would normally be expected to have the custody of any books of account, vouchers, documents, or other business records to produce the same for inspection within 48 hours or such longer period as may be specified in the requisition at the time it is made.
(2) The Statistician and any employee of the Department authorised in writing by him as aforesaid shall not exercise any of the powers conferred by subsection (1) of this section unless—
(a) The occupier of the factory, farm, mine, workshop, office, or pace of business consents to the entry and inspection, or the person who, by reason of his office, would normally be expected to have the custody of any such books of account, vouchers, documents, or other business records, consents to their production; or
(b) The Statistician or the employee of the Department obtains a warrant authorising him to exercise those powers in accordance with subsection (3) of this section.
(3) Where any District Court Judge or Justice is satisfied, on application in writing made on oat, that there is reasonable ground for believing that it is necessary for the purpose of making any inquiries or observations necessary for obtaining the statistics to be collected under the authority of this Act for the Statistician or any employee of the Department authorised in writing by him to exercise, in relation to any factory, farm, mine, workshop, office, or place of business any of the powers conferred by subsection (1) (a) of this section or in relation to any person any of the powers conferred by subsection (1) (b) of this section, he may, by warrant under his hand, authorise the Statistician or any such employee of the Department to exercise those powers in relation to that factory, farm, mine, workshop, office, or place of business or in relation to that person, as the case may require.
(4) Every warrant issued under subsection (3) of this section shall authorise the person named in the warrant -
(a) At any reasonable time to enter any factory, farm, mine, workshop, office, or place of business, whether carried on solely by the occupier or otherwise, and inspect any part of the premises, any goods which are being stored or offered for sale, and any books of account, vouchers, documents, or other business records; and
(b) Require any person who, by reason of his office, would normally be expected to have the custody of any books of account, vouchers, documents, or other business records to produce the same for inspection within 48 hours or such longer period as may be specified in the requisition at the time it is made.
(5) Every such warrant shall continue in force until the purpose for which it was granted has been satisfied.
(6) The Statistician or any employee of the Department authorised in writing by the Statistician to exercise any of the powers conferred by paragraphs (a) and (b) of subsection (1) of this section shall -
(a) In the case of the exercise of the powers conferred by subsection (1) (a) of this section (except where those powers are exercised pursuant to a warrant issued under subsection (3) of this section) -
(i) Give to the occupier thereof reasonable notice of his intention to enter the factory, farm, mine, workshop, office, or place of business, which notice shall include the purpose for which and the time at which it is proposed to enter and particulars of the statutory authority for the exercise by the Statistician or the employee of the Department of the right of entry and inspection; and
(ii) At the time of entry and, if he is requested to do so, at any subsequent time, produce the authorisation in writing given to that employee by the Statistician; and
(b) In the case of the exercise of the powers conferred by subsection (1) (b) of this section (except where those powers are exercised pursuant to a warrant issued under subsection (3) of this section) -
(i) Give to the person required to produce the books of account, vouchers, documents, or other business records particulars of the statutory authority for the exercise by him of that power; and
(ii) At the time when that power is exercised, produce the authorisation in writing given to that employee by the Statistician; and
(c) Where those powers are exercised pursuant to a warrant issued under subsection (3) of this section, produce that warrant at the time of the exercise by him of those powers.
(7) Where any person is prosecuted for failure to produce any books of account, vouchers, documents, or other business records when required to do so under paragraph (b) of subsection (1) of this section, it shall be a defence to prove that he did not have the custody of the same at the time of the requisition and did not subsequently acquire the custody thereof.]
Cf. 1975, No. 1, s.35
Status Compendium
Hist. s.35 repealed and substituted by s.9 of the Statistics Amendment Act 1982.
36. Test purchases - Where necessary to determine precisely the specifications of goods the price or description of which is material to the exercise of his duties under this Act, the Statistician may make test purchases of the goods.
[37F. Power of Statistician to release information to New Zealand Meat Producers Board and New Zealand Wool Board
(1) For the purposes of this section, -
"Farmer" means a person owning not less than 100 sheep, or owning not less than 100 cattle carried exclusively for the purposes of beef production:
"Meat Board" means the New Zealand Meat Producers Board established under the Meat Export Control Act 1921-22:
"Wool Board" means the New Zealand Wool Board established under section 4 of the Wool Industry Act 1977:
"Wool grower" means a person carrying on business as a sheep farmer and owning not less than 100 sheep.
(2) Notwithstanding section 37 of this Act, but subject to subsection (3) of this section, the Statistician is authorised -
(a) To supply, from time to time, to the Meat Board an index or list of the names and addresses of farmers; and
(b) To supply, from time to time, to the Wool Board an index or list of the names and addresses of wool growers
(3) Disclosure, pursuant to subsection (2) of this section, of the name and address of any farmer or wool grower may take place only where -
(a) The schedule completed by that farmer or wool grower -
(i) States that the Statistician is authorised in accordance with this section to disclose the name and address of any person as a farmer or wool grower unless that person objects in the manner prescribed by the schedule or in writing to such disclosure; and
(ii) States the purposes for which any information disclosed under this section may be used; and
(b) That farmer or wool grower does not object in the manner prescribed by the schedule or in writing to the disclosure of his name and address.
(4) The Meat Board shall use the index or list supplied to it under subsection (2) (a) of this section only -
(a) For any of the purposes of regulations that prescribe the method of election of the members of the Meat Board who are appointed as representatives of producers of meat for export and who are so appointed under section 2 (2) (b) of the Meat Export Control Act 1921-22; or
(b) For the purposes of distributing to the farmers named in the index or list copies of the annual report and other publications of the Meat Board.
(5) The Wool Board shall use the index or list supplied to it under subsection (2) (b) of this section only -
(a) For any of the purposes of regulations that prescribe the method of election of the directors of the Wool Board who represent the wool growers of New Zealand and who are appointed under section 4 (2) (a) of the Wool Industry Act 1977; or
(b) For the purposes of distributing to the wool growers named in the index or list copies of the annual report and other publications of the Wool Board.
(6) Every person commits an offence who, being a person who has received an index or list supplied to the Meat Board or the Wool Board under subsection (2) of this section for any of the purposes referred to in subsection (4) or subsection (5) of this section, delivers that index or list to any other person for a purpose not connected with those purposes or uses any information acquired by him from that index or list for a purpose not connected with those purposes.]
{Editorial Note: Re information stored on the Wanganui computer, see s.27 (4) of the Wanganui Computer Centre Act 1976.}
Status Compendium
Hist. s.37 - s.37F were substituted for the original s.37 (as variously amended) by s.7 (1) of the Statistics Amendment Act 1985.
38. Information is privileged - Except in respect of a prosecution under this Act, no return made pursuant to this Act and no copy of a schedule or return in the possession of the respondent shall be disclosed or used as evidence in any proceedings whatever, and no person who has completed a statutory declaration under section 21 of this Act shall be compellable in any proceedings whatever to give oral testimony regarding the return or to produce any return, document, or record with respect to any information obtained in the course of administering this Act, except in the manner provided by this Act.
PART V: OFFENCES AND PENALTIES
39. Repealed by s.8 of the Statistics Amendment Act 1985.
40. Omission to carry out duty, false declaration, unlawful information, and improper divulging of information - Every person employed in the execution of any duty or the exercise of any power or function under this Act commits an offence who, -
(a) After having taken the prescribed statutory declaration, omits (without lawful excuse) to carry out his duty under this Act, or knowingly makes any false declaration, statement, or return touching any such matter; or
(b) In the pretended performance of his duties thereunder, obtains or seeks to obtain information which he is not duly authorised to obtain; or
(c) Knowingly fails to keep inviolate the secrecy of the information gathered or entered on the schedules collected by the Statistician pursuant to this Act and, except as allowed by this Act, divulges the contents of any schedule filled in or any information furnished to the Statistician under this Act.
Cf. 1955, No. 45, s.27
41. Obstruction of employees of Department - Every person commits an offence who interferes with, hinders, or obstructs the Statistician or any employee of the Department in the exercise of any power conferred by this Act.
Cf. 1955, No. 45, s.28
42. Impersonation of employees of the Department - Every person commits an offence who, not being an employee of the Department, by words, conduct, or demeanour, pretends that he is an employee of the Department or assumes the name, designation, or description of an employee of the Department.
Cf. 1955, No. 45, s.29
43. Neglect or refusal to supply particulars
(1) Every person commits an offence who fails to produce any books of account, vouchers, documents, or other business records when lawfully required so to do, or who neglects or refuses to fill in and supply the particulars required in any schedule lawfully left with or sent to him, or who neglects or refuses to answer any question or inquiry lawfully addressed to him by the Statistician, or by an employee of the Department authorised in writing by the Statistician, and is liable on summary conviction to a fine not exceeding [$500] or, in the case of a body corporate, to a fine not exceeding [$2,000].
(2) The conviction of any person of an offence against subsection (1) of this section or against this subsection in relation to his failure to produce any books of account, vouchers, documents, or other business records, or to his neglect or refusal to fill in and supply any particulars required in any such schedules or to answer any such question or inquiry, shall not relieve him of his obligation to supply such books of account, vouchers, documents, or other business records, or to fill in and supply the particulars or to answer the question or inquiry; and if, after the expiration of 14 days from the date of the conviction, he still has failed to produce the books of account, vouchers, documents, or other business records lawfully requested, or he continues to neglect or refuse to fill in and supply the particulars or to answer the question or inquiry, he commits a further offence and is liable on summary conviction in respect of each day after the expiration of those 14 days to a fine not exceeding [$20] or, in the case of a body corporate, to a fine not exceeding [$80].
[(2A) Any obligation imposed on any person to produce any books of account, vouchers, documents, or other business records when lawfully required to do so, or to fill in and supply the particulars required in any schedule lawfully left with or sent to him, or to answer any question or inquiry lawfully addressed to him by the Statistician, or by an employee of the Department authorised in writing by the Statistician, being an obligation required to be performed at or within a specified or particular time, shall be deemed to be a continuing obligation to produce such books of account, vouchers, documents, or other business records, or to fill in and supply any particulars required in any such schedule, or to answer any such question or inquiry, notwithstanding that the obligation has not been performed at or within that time.]
(3) No person who objects to state the religious denomination or sect to which he belongs shall commit an offence by refusing to supply that information if he inserts or causes to be inserted in the space on the schedule provided for the information the word "Object".
(4) Except with the prior approval of the Statistician, a reference in the response to any schedule to any other document from which the required information can be obtained shall be deemed not be a compliance with the provisions of this section.
Cf. 1955, No. 45, s.30
Status Compendium
Hist. s.43 (1) omitted expressions "$250" and "$1,000" and substituted expressions "$500" and " $2,000", respectively, by s.11 (1) (a) & (b) of the Statistics Amendment Act 1982.
Hist. s.43 (2) omitted expressions "$10" and "$40" and substituted expressions "$20" and "$80", respectively, by s.11 (2) (a) & (b) of the Statistics Amendment Act 1982.
Hist. s.43 (2A) inserted by s.11 (3) of the Statistics Amendment Act 1982.
44. False statement - Every person commits an offence who knowingly makes, in any schedule filled in or supplied pursuant to this Act, or in answer to any question asked him under the authority of this Act, any false or misleading statement or any material omission.
Cf. 1955, No. 45, s.31
45. Mutilation or defacement of schedules - Every person commits an offence who, without lawful excuse, destroys, defaces, removes, or mutilates any schedule, form, or other document containing particulars collected under this Act or requesting any such particulars.
Cf. 1955 No. 45, s.32
46. Other offences - Every person commits an offence who -
(a) Without lawful excuse, acts in contravention of or fails to comply in any respect with any provision of this Act or any requirement imposed under this Act; or
(b) Wilfully deceives or attempts to deceive the Statistician or any employee of the Department in the exercise of any powers, duties, or functions under this Act.
Cf. 1955, No. 45, s.33
[46A. Evidence in proceedings for offences - In any proceedings for an offence against any of the provisions of this Act, a certificate in writing signed by the Statistician certifying -
(a) That, pursuant to section 6 of this Act, the Minister has approved the commencement or commissioning of any statistical survey, or the making of a substantial alteration to an already existing survey, or has waived or relaxed the duty under section 6 (1) of this Act in respect of a Government Department, as the case may be; or
(b) That, pursuant to section 14 (d) of this Act, the Minister has approved the collection of information concerning any or all of the matters specified in section 4 of this Act, -
shall, in the absence of proof to the contrary, be sufficient evidence that pursuant to section 6 of this Act, the Minister has approved the commencement or commissioning of any statistical survey, or the making of a substantial alteration to an already existing survey, or has waived or relaxed the duty under section 6 (1) of this Act in respect of a Government Department, as the case may be, or that pursuant to section 14 (d) of this Act, the Minister has approved the collection of information concerning any or all of the matters specified in section 4 of this Act.]
Status Compendium
Hist. s.46A inserted by s.12 of the Statistics Amendment Act 1982.
47. General penalty - Every person who commits an offence against this Act for which no penalty is prescribed elsewhere than in this section is liable on summary conviction to a fine not exceeding [$500] or, in the case of a body corporate, not exceeding [$2,000].
Status Compendium
Hist. s.47 omitted expressions "$250" and "$1,000" and substituted expressions "$500" and "$2,000", respectively, by s.13 (a) & (b) of the Statistics Amendment Act 1982.
PART VI: MISCELLANEOUS PROVISIONS
48. Time within which information may be laid - Notwithstanding anything in the Summary Proceedings Act 1957, any information in respect of an offence against this Act may be laid at any time within 12 months from the time when the matter of the information arose.
Cf. 1955, No. 45, s.35
49. Regulations and Orders in Council
(1) The Governor-General may from time to time, by Order in Council, make regulations for all or any of the following purposes:
(a) Prescribing kinds of statistics for which information may be required at any census of population and dwellings under Part III of this Act or for the purposes of any inquiry under this Act:
(b) Providing for such matters as are contemplated by or necessary for giving full effect to the provisions of this Act and for the due administration thereof.
(2) The Governor-General may from time to time, by Order in Council, do all or any of the following things:
(a) Declare any agency of the Executive Government of New Zealand to be a Government agency for the purposes of this Act:
(b) Provide for such matters as are contemplated by or necessary for giving effect to the provisions of this Act.
50. Repeal and revocations -
(1) The Statistics Act 1955 is hereby repealed.
(2) The regulations specified in the Schedule to this Act are hereby revoked.
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