30 SEPTEMBER NEW ZEALAND GAZETTE 3307

by the tribunal after consultation with the database manager (and in appropriate cases after having received the independent technical expert’s opinion) who shall report whether the application complies with the access principles and recommend that:

(a) the application be granted;

(b) the application be rejected;

(c) the application be accepted in part; or

(d) the application be subject to conditions.

1.7 Where the database manager makes a recommendation under (b), (c) or (d) above, the tribunal shall:

(a) make available to the applicant all information which will be taken into account by the tribunal in reaching a decision together with a copy of the independent technical expert’s opinion; and

(b) invite the applicant to submit a written response to the tribunal within 14 days from the date of the recommendation; and

(c) advise the applicant whether or not they may be heard.

1.8 After the expiry of the 14 days response time, the tribunal:

(a) may consider any information or factor it considers relevant, provided the applicant has been notified in accordance with clause 1.7 (c);

(b) shall consider any submission of the applicant made under 1.7;

(c) may require the applicant to supply information or evidence, additional to that provided in the applicant’s submission, to assist in reaching a decision; and

(d) may seek to consult with the applicant prior to finalising the tribunal’s decision in such a manner and at such time as it thinks proper.

1.9 (a) The tribunal may in its discretion delegate to the database manager its decision-making power in respect of any particular application or category of applications subject to such conditions as the tribunal may impose. In such cases, the database manager may decide the application (rather than make applications) in accordance with the provisions of clause 1.8 (a) to (d) inclusive, and in accordance with the access principles and procedures set out in clauses 2.2 and 2.3, or it may refer to the application to the tribunal for its determination as if the delegated authority did not apply. The tribunal may at any time vary or revoke any delegated authority.

(b) The tribunal shall on application being made to it on appeal, provide an independent review of any decision made under any delegated power and deal with and decide the application as if that delegated power had not been given in respect of that application.

1.10 The tribunal may without prior notice revoke any decision or authorisation at any time and that revocation shall have effect forthwith. As soon as practicable after such revocation the tribunal shall give notice of and the reasons for its revocation to the applicant.

The Access Principles

No access without approval

2.1 There shall be no access to the database by any party except as is approved by the tribunal solely in accordance with the following access principles.

2.2 The tribunal may allow access to the database if it is first satisfied that any consequence of that access will advance any of the following objectives:

(a) the promotion and organisation of the orderly development of the dairy industry in New Zealand;

(b) the improvement of the standard of quality of the dairy stock in New Zealand;

(c) the planning, promotion and the carrying out of testing to produce quality stock;

(d) the development of artificial breeding for the improvement of New Zealand dairy stock;

(e) the promotion of greater efficiencies in the New Zealand dairy industry in furtherance of the interests and welfare of persons engaged in that industry; or

(f) the promotion and carrying out of any research or experimental work undertaken in New Zealand or elsewhere with a view to improving the quality of dairy stock in New Zealand.

2.3 In considering an application, the tribunal may then have regard to any of the following:

(a) the need to respect the commercial sensitivity or confidentiality of the information in the database or the privacy of any provider;

(b) the integrity or the security of the database, including the accuracy, validity and completeness of any information held within;

(c) compliance with or the upholding of any condition imposed on the applicant’s access to the database;

(d) the interests of any information supplier to the database to obtain or modify that information; or

(e) any other factor the tribunal believes is consistent with the objectives of the Dairy Board Act 1961 and any regulations made thereunder.

Good reasons to refuse access

2.4 Without limiting the tribunal’s discretion to refuse access after consideration of the objectives in clause 2.2 and having had regard to the factors in clause 2.3, the tribunal may reject an application and refuse access if:

(a) the application is frivolous or vexatious, or the information requested is trivial; or

(b) the information requested is not readily retrievable; or

(c) the information requested is not held in the database, cannot be found, or cannot be severed from other information which is unable to be disclosed; or

(d) the granting of the application would significantly impair the efficient administration, or be a substantial drain on the resources, of the database manager.

Information to be used only for the purpose requested

2.5 The applicant shall use the information obtained pursuant to any request only for the purposes stipulated in that application and for no other, and shall in each case satisfy the tribunal that access to the database will be only for the purpose for which the application was made.

Publication of research

2.6 Where access has been for research, the applicant shall not without the prior written consent of the database manager publish or disclose any of the results of that research which identifies or is capable of identifying the information which has been accessed from the database and on which the research is based or if such publication or disclosure might in any way compromise any of the access principles. The database manager’s consent shall be determined in accordance with the access principles.