85A Disclosure of certain information in relation to fines defaulters

(1)

The purpose of this section is to facilitate the exchange of information between the Inland Revenue Department and the Ministry of Justice for the purpose of establishing an information matching programme to enable the Ministry of Justice to locate any fines defaulter.

(2)

For the purpose of this section, any authorised officer of the Ministry of Justice may from time to time supply to the Commissioner any fines defaulter information held by that Ministry.

(3)

If, in relation to any fines defaulter, information is supplied by any authorised officer of the Ministry of Justice to the Commissioner, the Commissioner may compare that information with any information held by the Commissioner which relates to the fines defaulter.

(4)

If the Commissioner has information relating to the fines defaulter, the Commissioner may supply to an authorised officer of the Ministry of Justice all or any of the following information that is held by the Commissioner in relation to the fines defaulter:

(a)

the last known address of the fines defaulter; and

(b)

the last known telephone number of the fines defaulter; and

(c)

the name of the last known employer of the fines defaulter; and

(d)

the address of the last known employer of the fines defaulter; and

(e)

the telephone number of the last known employer of the fines defaulter.

(4A)

For each item of information to be supplied under subsection (4), the Commissioner must include the date when the information was most recently updated.

(5)

The provisions of this section apply despite any other provision of this Act.

(6)

In this section, unless the context otherwise requires,—

authorised officer, in relation to the Ministry of Justice, means any officer, employee, or agent of that Ministry who is authorised by the chief executive to supply information to or receive information from the Commissioner under this section

chief executive means the chief executive of the Ministry of Justice

fines defaulter means any person who is in default in the payment of—

(a)

a fine within the meaning of section 79 of the Summary Proceedings Act 1957:

(b)

a fine to which section 19 of the Crimes Act 1961 applies:

(c)

a fine to which section 43 or 45 of the Misuse of Drugs Amendment Act 1978 applies:

(d)
[Repealed]

(e)

any amount payable under section 138A(1) of the Sentencing Act 2002

fines defaulter information

(a)

means information that identifies a fines defaulter; and

(b)

includes—

(i)

the name, address, and telephone number of the fines defaulter; and

(ii)

the name, address, and telephone number of the employer of the fines defaulter.

Section 85A: inserted, on 1 November 1998, by section 30 of the Summary Proceedings Amendment Act (No 3) 1998 (1998 No 91).

Section 85A(1): amended, on 23 July 2011, by section 4(1) of the Tax Administration Amendment Act 2011 (2011 No 49).

Section 85A(2): amended, on 23 July 2011, by section 4(2)(a) of the Tax Administration Amendment Act 2011 (2011 No 49).

Section 85A(2): amended, on 23 July 2011, by section 4(2)(b) of the Tax Administration Amendment Act 2011 (2011 No 49).

Section 85A(3): amended, on 23 July 2011, by section 4(3) of the Tax Administration Amendment Act 2011 (2011 No 49).

Section 85A(4): replaced, on 23 July 2011, by section 4(4) of the Tax Administration Amendment Act 2011 (2011 No 49).

Section 85A(4A): inserted, on 23 July 2011, by section 4(4) of the Tax Administration Amendment Act 2011 (2011 No 49).

Section 85A(6) authorised officer: amended, on 23 July 2011, by section 4(5)(a) of the Tax Administration Amendment Act 2011 (2011 No 49).

Section 85A(6) authorised officer: amended, on 23 July 2011, by section 4(5)(b) of the Tax Administration Amendment Act 2011 (2011 No 49).

Section 85A(6) chief executive: amended, on 23 July 2011, by section 4(6) of the Tax Administration Amendment Act 2011 (2011 No 49).

Section 85A(6) fines defaulter: replaced, on 13 February 2012, by section 4(7) of the Tax Administration Amendment Act 2011 (2011 No 49).

Section 85A(6) fines defaulter paragraph (d): repealed, on 1 July 2013, by section 413 of the Criminal Procedure Act 2011 (2011 No 81).

Section 85A(6) fines defaulter information: replaced, on 10 April 2006, by section 4(2) of the Tax Administration Amendment Act 2006 (2006 No 14).