In this Part of this Act, 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 deport the individual from New Zealand, or to revoke the individual's permit or visa entitling the individual to enter or remain in New Zealand or to make or execute a removal order:
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 to this Act 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 to this Act
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 the Crown Bank Account from money appropriated by Parliament under section 124(1)(d) or (da) of that Act:
specified agency means any of the following agencies
(a) the Accident Compensation Corporation:
(aa) the Regulator, as defined by Part 10 of the Injury Prevention, Rehabilitation, and Compensation Act 2001:
(b) the Chief Registrar of Electors:
(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 Department for Courts:
(d) the Department of Corrections:
(e) the Department of Labour:
(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:
(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.
Compare: 1991 No 126 s 2
Section 97 adverse action paragraph (g): added, on 1 June 2005, by section 205(1) of the Corrections Act 2004 (2004 No 50).
Section 97 monetary payment paragraph (d): substituted, on 1 April 2002, by section 337(1) of the Injury Prevention, Rehabilitation, and Compensation Act 2001 (2001 No 49).
Section 97 specified agency: substituted, 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 (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 (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)substituted, 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 (k): added, on 1 February 2002, by section 83 of the Education Standards Act 2001 (2001 No 88).