42. Protection of sensitive information---(1) A local authority may,
 on its own motion or on the application of any party to any proceedings
 or class of proceedings, make an order described in subsection (2) where
 it is satisfied that the order is necessary---
   (a) To avoid serious offence to tikanga Maori or to avoid the
         disclosure of the location of waahi tapu; or
   (b) To avoid the disclosure of a trade secret or unreasonable
         prejudice to the commercial position of the person who supplied,
         or is the subject of, the information,---

 and, in the circumstances of the particular case, the importance of
 avoiding such offence, disclosure, or prejudice outweighs the public
 interest in making that information available.

   (2) A local authority may make an order for the purpose of subsection
 (1)---
   (a) That the whole or part of any hearing or class of hearing at which
         the information is likely to be referred to, shall be held with
         the public excluded (which order shall, for the purposes of
         subsections (3) to (5) of section 48 of the Local Government
         Official Information and Meetings Act 1987, be deemed to be a
         resolution passed under that section):
   (b) Prohibiting or restricting the publication or communication of any
         information supplied to it, or obtained by it, in the course of
         any proceedings, whether or not the information may be material
         to any proposal, application, or requirement.

   (3) An order made under subsection (2) (b) in relation to---
   (a) Any matter described in subsection (1) (a) may be expressed to
         have effect from the commencement of any proceedings to which it
         relates and for an indefinite period or until such date as the
         local authority considers appropriate in the circumstances:
   (b) Any matter described in subsection (1) (b) may be expressed to
         have effect from the commencement of any proceedings to which it
         relates but shall cease to have any effect at the conclusion of
         those proceedings---

 and upon the date that such order ceases to have effect, the provisions
 of the Local Government Official Information and Meetings Act 1987 shall
 apply accordingly in respect of any information that was the subject of
 any such order.

   (4) Any party to any proceedings or class of proceedings before a
 local authority may apply to the Planning Tribunal for an order under
 section 279 (3) (a) cancelling or varying any order made by the local
 authority under this section.

   (5) Where, on the application of any party to any proceedings or class
 of proceedings, a local authority has declined to make an order
 described in subsection (2), that party may apply to the Planning
 Tribunal for an order under section 279 (3) (b).

   (6) In this section---
   (a) ``Information'' includes any document or evidence:
   (b) ``Local authority'' includes any community board, board of
         inquiry, public body, special tribunal, or any person given
         authority to conduct hearings under section 33 or section 34 or
         section 117 or section 146 or section 202.