Mooney JosephJOSEPH MOONEY (National—Southland): I think it's important for the confidence of people in this bill and the Minister's touched on it to some extent previously but just I'd appreciate a little bit of expansion on clauses 78 and 79 in terms of a person committing an offence and if the person having completed a certificate of confidentiality knowingly breaches an obligation or knowingly makes a false statement about whether they breached an obligation undertaken in the certificate of confidentiality—that's in clause 78. Clause 79 is about wrongfully obtaining data while performing a duty or function or exercising power under the Act. So is this the clause which is intended to address a circumstance for example where someone might make a claim that they're requesting data for research purposes but it's in fact for official statistics; or that they're requesting it for official statistics and in fact are accessing it for research purposes. Is the protective mechanism that is intended to provide confidence that people will comply strictly with the expectation that there's a distinction between those two datasets and the collection of them and that there is in fact a criminal penalty here to address anyone who wrongfully obtains data that conflates wrongly and knowingly those two purposes for the collection of data.Hon Dr DAVID CLARK (Minister of Statistics): I thank the member for drawing attention to this part of the bill; I would struggle to put it any more clearly than it is in the bill itself. It says here and I'll just read it for the committee and for those following at home. Clause 78(1) states: A person commits an offence if the person having completed a certificate of confidentiality under section 42 (a) knowingly breaches an obligation undertaken in the certificate of confidentiality; or (b) knowingly makes a false statement about whether the person has breached an obligation undertaken in the certificate of confidentiality." It then goes on to describe the consequences in terms of fines.I think it's really important that we have not only agreements around confidentiality but that there are consequences for any breaches. Then clause 79 goes on to describe people who are obtaining data without the necessary authorisation to obtain it. So they are misrepresenting themselves or the authorisation that they have. And again it describes this as an offence which has the same fines attached. So there are many other clarifications there around what the obligations are and what the consequences of not meeting those obligations through this part of the Act are. And indeed to repeat myself it's pretty important that there are consequences if there are breaches here so that the public can know and that the Statistician has powers. I think again it's an unlikely event. Generally those who are doing research are coming from reputable research backgrounds. They are often known to the statistics agency because they conduct ongoing research and they're doing it for the very purposes laid down in the Act which is improving the information available to New Zealanders for decision making for holding decision makers to account and so forth. Incredibly important work that provides the conditions for the betterment of our society. But if there are breaches there do need to be clearly spelt out obligations and consequences and this is what this part of the Act deals with."