226A Disclosure of enrolment information by institutions

(1)

In this section, unless the context otherwise requires,—

allowance means an allowance established by regulations made under section 303, or identified by Gazette notice under section 307AB

benefit means jobseeker support under the Social Security Act 1964

chief executive means the chief executive of the department

department means the department for the time being responsible for the administration of the Social Security Act 1964 and for the administration of Part 25

specified period means any period specified in a notice under subsection (3)

student loan has the same meaning as in section 4(1) of the Student Loan Scheme Act 2011

student loan scheme has the same meaning as in section 4(1) of the Student Loan Scheme Act 2011.

(2)

The purpose of this section is to facilitate the disclosure of information by institutions to the department, in order to verify—

(a)

the entitlement or eligibility of any person to or for any benefit or allowance or student loan; or

(b)

the amount of any benefit or allowance or student loan to which any person is or was entitled or for which any person is or was eligible.

(3)

For the purpose of this section, the chief executive may from time to time, in accordance with arrangements under the Privacy Act 1993 previously agreed between the chief executive and any institution (or, where they are unable to agree, in accordance with arrangements under that Act settled by the Privacy Commissioner appointed under the Privacy Act 1993), by notice in writing or electronically require the institution to supply all or any of the information set out in subsection (6), in respect of people—

(a)

who are (or were in any specified period) enrolled as students at the institution; or

(b)

whose name and date of birth (being the name and date of birth of any person who is, or was during any specified period, receiving a benefit or allowance or student loan) is supplied to the institution by the chief executive, together with the notice.

(4)

A notice under subsection (3) may require the institution to supply the information specified in the notice either immediately or at specified times during the academic year, or both, and in the latter case may require the institution to supply at those times only details of any changes to the information the institution has previously supplied under this section.

(5)

A notice under subsection (3) may include—

(a)

an identification number assigned by the chief executive to any person who is referred to in the notice; or

(b)

an identification number assigned to any such person by the institution; or

(c)

both.

(6)

The details referred to in subsection (3) are—

(a)

their—

(i)

full names and addresses; and

(ii)

their dates of birth:

(b)

their identification numbers (being either or both of the identification numbers referred to in subsection (5)):

(c)

details of the education or training in which they are so enrolled, and details of the fees for that education or training:

(d)

if, during the specified period, they are enrolled for any such education or training or ceased to be so enrolled or ceased to be enrolled as students, the details of each such event and the respective dates on which the event occurred:

(e)

details of their academic performance in any such education or training:

(f)

details of their citizenship or residency status in New Zealand:

(g)

details of any allowances granted to the person by the institution on behalf of the Secretary in any academic year before the 1999 academic year:

(h)

details reasonably required by the chief executive for the administration of the student loan scheme or for the determination or provision of an allowance or a benefit.

(7)

As soon as possible after the time or times specified in a requirement under subsection (3), an institution must supply the information required to the chief executive or any employee or agent of the department authorised by the chief executive to receive such information.

(8)

Information supplied by an institution under subsection (7) must be in a form previously agreed between the institution and the chief executive under the Privacy Act 1993 (or, where they are unable to agree, in a form settled by the Privacy Commissioner appointed under the Privacy Act 1993), and may include coded information.

(9)

Section 104 of the Privacy Act 1993 applies as if subsection (1) of that section also provided that, in relation to the information matching programme in this section, the Commissioner, before seeking a report on any of the matters in section 104(2)(a), (d), or (e) from a tertiary institution, must first seek a report on the matter from the department for the time being responsible for the administration of the Social Security Act 1964.

Section 226A: replaced, on 1 October 1998, by section 11 of the Employment Services and Income Support (Integrated Administration) Act 1998 (1998 No 96).

Section 226A(1) allowance: amended, on 17 May 2006, by section 44 of the Education Amendment Act 2006 (2006 No 19).

Section 226A(1) benefit: amended, on 15 July 2013, by section 114 of the Social Security (Benefit Categories and Work Focus) Amendment Act 2013 (2013 No 13).

Section 226A(1) benefit: amended, on 15 July 2013, by section 129 of the Social Security (Benefit Categories and Work Focus) Amendment Act 2013 (2013 No 13).

Section 226A(1) benefit: amended, on 20 August 2012, by section 28(2) of the Social Security (Youth Support and Work Focus) Amendment Act 2012 (2012 No 50).

Section 226A(1) student loan: replaced, on 1 April 2012, by section 223 of the Student Loan Scheme Act 2011 (2011 No 62).

Section 226A(1) student loan scheme: replaced, on 1 April 2012, by section 223 of the Student Loan Scheme Act 2011 (2011 No 62).

Section 226A(2)(a): amended, on 1 November 1999, by section 2(2)(a) of the Education Amendment Act 1999 (1999 No 107).

Section 226A(2)(b): amended, on 1 November 1999, by section 2(2)(a) of the Education Amendment Act 1999 (1999 No 107).

Section 226A(3)(a): amended, on 1 November 1999, by section 2(2)(b) of the Education Amendment Act 1999 (1999 No 107).

Section 226A(3)(b): amended, on 1 November 1999, by section 2(2)(c) of the Education Amendment Act 1999 (1999 No 107).

Section 226A(6)(c): replaced, on 30 August 2011, by section 26(1) of the Education Amendment Act 2011 (2011 No 66).

Section 226A(6)(d): amended, on 30 August 2011, by section 26(2) of the Education Amendment Act 2011 (2011 No 66).

Section 226A(6)(d): amended, on 1 November 1999, by section 2(2)(b) of the Education Amendment Act 1999 (1999 No 107).

Section 226A(6)(e): amended, on 30 August 2011, by section 26(2) of the Education Amendment Act 2011 (2011 No 66).

Section 226A(6)(h): inserted, on 1 November 1999, by section 2(3) of the Education Amendment Act 1999 (1999 No 107).

Section 226A(6)(h): amended, on 30 August 2011, by section 26(3) of the Education Amendment Act 2011 (2011 No 66).

Section 226A(9): amended, on 20 May 2010, by section 49 of the Education Amendment Act 2010 (2010 No 25).