Part 10 Information matching

Interpretation

97 Interpretation

In this Part, unless the context otherwise requires,—

adverse action means any action that may adversely affect the rights, benefits, privileges, obligations, or interests of any specific individual; and, without limiting the generality of the foregoing, includes any decision—

(a)

to cancel or suspend any monetary payment:

(b)

to refuse an application for a monetary payment:

(c)

to alter the rate or amount of a monetary payment:

(d)

to recover an overpayment of a monetary payment:

(e)

to make an assessment of the amount of any tax, levy, or other charge, or of any contribution, that is payable by any individual, or to alter any such assessment:

(f)

to investigate the possible commission of an offence:

(g)

to make a deportation order in relation to the individual, to serve the individual with a deportation liability notice, or to deport the individual from New Zealand

authorised information matching information in relation to any specified agency, means information that consists of or includes information disclosed pursuant to an information matching provision

authorised information matching programme means the comparison (whether manually or by means of any electronic or other device) of authorised information matching information with other personal information for the purpose of producing or verifying information about an identifiable individual

discrepancy, in relation to an authorised information matching programme, means a result of that programme that warrants the taking of further action by any agency for the purpose of giving effect to the objective of the programme

information matching programme means the comparison (whether manually or by means of any electronic or other device) of any document that contains personal information about 10 or more individuals with 1 or more other documents that contain personal information about 10 or more individuals, for the purpose of producing or verifying information that may be used for the purpose of taking adverse action against an identifiable individual

information matching provision means any provision specified in the second column of Schedule 3 as an information matching provision of an enactment specified in the first column of that schedule

information matching rules means the rules for the time being set out in Schedule 4

monetary payment includes—

(a)

a benefit within the meaning of section 3(1) of the Social Security Act 1964:

(b)

a lump sum payable under section 61DB or section 61DC or section 61DD of that Act:

(c)

any special assistance granted out of a Crown Bank Account from money appropriated by Parliament under section 124(1)(d) or (da) of that Act:

(d)

any monetary entitlement payable under Part 4, Part 10, or Part 11 of the Accident Compensation Act 2001

specified agency means any of the following agencies:

(a)

the Accident Compensation Corporation:

(aa)

the Regulator, as defined by Part 10 of the Accident Compensation Act 2001:

(b)

the Electoral Commission established by section 4B of the Electoral Act 1993:

(ba)

the company within the meaning of section 2(1) of the Housing Restructuring and Tenancy Matters Act 1992:

(bb)

the Board of the Government Superannuation Fund Authority:

(bc)

the Board of Trustees of the National Provident Fund:

(bd)

the Ministry of Health:

(c)

the Ministry of Justice:

(d)

the Department of Corrections:

(e)

the Ministry of Business, Innovation, and Employment:

(f)

the department for the time being responsible for the administration of the Social Security Act 1964:

(fa)

the Housing New Zealand Corporation established (as the Housing Corporation of New Zealand) by section 3(1) of the Housing Corporation Act 1974:

(g)

the Inland Revenue Department:

(ga)

the Ministry of Transport:

(gb)

the New Zealand Transport Agency:

(gc)

the Department of Internal Affairs:

(gd)

the Registrar-General appointed under section 79(1) of the Births, Deaths, Marriages, and Relationships Registration Act 1995:

(h)

the New Zealand Customs Service:

(ha)

the Registrar of Motor Vehicle Traders:

(i)

the Regulator, as defined in the Accident Insurance Act 1998:

(ia)

WorkSafe New Zealand:

(j)

any tertiary institution, secondary school, or private training establishment (as those terms are defined in the Education Act 1989) to which section 226A or section 238B of that Act applies, as from time to time notified to the Commissioner by the department for the time being responsible for the administration of the Social Security Act 1964:

(k)

the Ministry of Education:

(l)

the Education Council of Aotearoa New Zealand established under Part 32 of the Education Act 1989:

(m)

the agency or agencies appointed under section 100 of the Housing Restructuring and Tenancy Matters Act 1992.

Compare: 1991 No 126 s 2

Section 97 adverse action paragraph (g): replaced, at 2 am on 29 November 2010, by section 406(1) of the Immigration Act 2009 (2009 No 51).

Section 97 monetary payment paragraph (c): amended, on 25 January 2005, pursuant to section 65R(3) of the Public Finance Act 1989 (1989 No 44).

Section 97 monetary payment paragraph (d): replaced, on 1 April 2002, by section 337(1) of the Injury Prevention, Rehabilitation, and Compensation Act 2001 (2001 No 49).

Section 97 monetary payment paragraph (d): amended, on 3 March 2010, pursuant to section 5(1)(b) of the Accident Compensation Amendment Act 2010 (2010 No 1).

Section 97 specified agency: replaced, on 15 November 2000, by section 3(1) of the Privacy Amendment Act 2000 (2000 No 76).

Section 97 specified agency paragraph (aa): inserted, on 1 April 2002, by section 337(1) of the Injury Prevention, Rehabilitation, and Compensation Act 2001 (2001 No 49).

Section 97 specified agency paragraph (aa): amended, on 3 March 2010, pursuant to section 5(1)(b) of the Accident Compensation Amendment Act 2010 (2010 No 1).

Section 97 specified agency paragraph (b): amended, on 1 July 2012, by section 59(2) of the Electoral (Administration) Amendment Act 2011 (2011 No 57).

Section 97 specified agency paragraph (ba): inserted, on 1 July 2006, by section 8(1) of the Housing Restructuring and Tenancy Matters (Information Matching) Amendment Act 2006 (2006 No 34).

Section 97 specified agency paragraph (bb): inserted, on 24 January 2009, by section 47 of the Births, Deaths, Marriages, and Relationships Registration Amendment Act 2008 (2008 No 48).

Section 97 specified agency paragraph (bc): inserted, on 24 January 2009, by section 47 of the Births, Deaths, Marriages, and Relationships Registration Amendment Act 2008 (2008 No 48).

Section 97 specified agency paragraph (bd): inserted, on 24 January 2009, by section 47 of the Births, Deaths, Marriages, and Relationships Registration Amendment Act 2008 (2008 No 48).

Section 97 specified agency paragraph (c): amended, on 1 October 2003, pursuant to section 14(1) of the State Sector Amendment Act 2003 (2003 No 41).

Section 97 specified agency paragraph (e): replaced, on 16 December 2013, by section 22 of the WorkSafe New Zealand Act 2013 (2013 No 94).

Section 97 specified agency paragraph (fa): inserted, on 1 July 2006, by section 8(2) of the Housing Restructuring and Tenancy Matters (Information Matching) Amendment Act 2006 (2006 No 34).

Section 97 specified agency paragraph (ga): inserted, on 18 March 2002, by section 101(3) of the Electoral Amendment Act 2002 (2002 No 1).

Section 97 specified agency paragraph (gb): replaced, on 1 August 2008, by section 50(1) of the Land Transport Management Amendment Act 2008 (2008 No 47).

Section 97 specified agency paragraph (gc): inserted, on 18 March 2002, by section 101(3) of the Electoral Amendment Act 2002 (2002 No 1).

Section 97 specified agency paragraph (gd): inserted, on 21 April 2005, by section 16 of the Citizenship Amendment Act 2005 (2005 No 43).

Section 97 specified agency paragraph (gd): amended, on 24 January 2009, by section 47 of the Births, Deaths, Marriages, and Relationships Registration Amendment Act 2008 (2008 No 48).

Section 97 specified agency paragraph (ha): inserted, on 15 December 2003, by section 145 of the Motor Vehicle Sales Act 2003 (2003 No 12).

Section 97 specified agency paragraph (ia): inserted, on 16 December 2013, by section 22 of the WorkSafe New Zealand Act 2013 (2013 No 94).

Section 97 specified agency paragraph (k): inserted, on 1 February 2002, by section 83 of the Education Standards Act 2001 (2001 No 88).

Section 97 specified agency paragraph (l): inserted, on 20 May 2010, by section 78(2) of the Education Amendment Act 2010 (2010 No 25).

Section 97 specified agency paragraph (l): amended, on 1 July 2015, by section 45(2) of the Education Amendment Act 2015 (2015 No 1).

Section 97 specified agency paragraph (m): inserted, on 14 April 2014, by section 25 of the Social Housing Reform (Housing Restructuring and Tenancy Matters Amendment) Act 2013 (2013 No 97).