This is a summary of a 2025 Privacy Week presentation given by Jesse Porter, Senior Privacy Advisor at Oranga Tamariki. Jesse is a Privacy Foundation NZ committee member. View the video on OPC’s You Tube channel at: Privacy considerations when using section 66C of the Oranga Tamariki Act
Information disclosures between child welfare and protection agencies are necessary to keep children and young people safe. Section 66C of the Oranga Tamariki Act reflects this; it allows child welfare and protection agencies to disclose personal information amongst themselves, where necessary for explicitly defined purposes.
There’s a common misconception that the Privacy Act is ‘’trumped’’ or doesn’t apply when disclosing personal information under section 66C of the Oranga Tamariki Act. However, that is not the case; disclosures under section 66C should always be made with privacy considerations in mind. The Oranga Tamariki Act and the Privacy Act co-exist; importantly, the Privacy Act does not prevent disclosures being made, when to do so is in the best interests of the child or young person. However, such disclosures must be made safely and respectfully.
Understanding Section 66C
Section 66C allows child welfare and protection agencies to use and disclose personal information about children and young people to other child welfare and protection agencies for the explicitly defined purposes of:
- preventing harm or neglect to a child or young person;
- facilitating Family Group Conferences and other care and protection work;
- conducting or reviewing risk or needs assessments, prevention plans or support plans for a child or young person;
- external care and protection services facilitated by Oranga Tamariki.
Key points:
- Section 66C only permits disclosures between child welfare and protection agencies, inclusive of independent persons working in the sector (this is a defined group of agencies).
- Importantly, section 66C cannot be used to share personal information with parents or guardians (although there are several provisions in the Privacy Act which may allow this).
- Disclosures must be made in good faith and, as always, the wellbeing and best interests of the child or young person are the first and paramount considerations (as set out in the Oranga Tamariki Act).
- If a child welfare or protection agency is proposing to disclose personal information under section 66C, Section 66K requires consultation with the child or their representative, where practicable and appropriate to do so. Their views should be considered before any decision to share is made. This promotes transparency and respects the mana of the child.
Interplay with the Privacy Act
Section 66Q of the Oranga Tamariki Act set out that, while Section 66C provides authority to share information, specific Privacy Act principles such as those related to collection, accuracy, storage, and access (IPPs 1, 4–9, and 13) still apply. Of note, the source and notification requirements in IPP 2 and IPP 3 do not apply.
Section 66C does not limit IPPs 11 and 12 set out in the Privacy Act (that is, if the Privacy Act permits a disclosure, that will still apply). For example, a child protection agency may wish to disclose personal information in order to prevent a serious threat to public health and safety. This disclosure may be permitted under the Privacy Act (IPP 11(1)(f), even if it does not meet the explicitly defined purposes set out section 66C.
Key Considerations Before Sharing
Both sharing and not sharing personal information could result in harm, including harm to children and young people. There are risks attached to either decision. Therefore, it is critical that child protection and welfare professionals must ask themselves:
- How will this help the child or young person?
- Is the information accurate and necessary?
- What are the potential risks—physical, emotional, or reputational?
- Who needs to know, and what don’t they need to know?
The emphasis is always on minimal, relevant, and safe disclosure—more is not always better.
It is also critically important that the agency records what information is shared, with whom, and why. If consultation does not occur, the reason must be documented. This documentation ensures accountability and facilitates review if needed.
Conclusion
Information sharing under Section 66C is an important tool—but one that must be used safely, respectfully and in line with the guiding principle: act in the best interests of the child or young person.