280 Supply of arrival and departure information for benefit and benefit debt recovery purposes

(1)

In this section, unless the context otherwise requires, the term benefit has the same meaning as in section 3(1) of the Social Security Act 1964; and includes—

(a)

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

(b)

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:

(c)

an allowance established by regulations made under section 303 of the Education Act 1989.

(2)

The purpose of this section is to facilitate the exchange of information between the Customs and the department for the time being responsible for the administration of the Social Security Act 1964 for all or any of the following purposes:

(a)

to verify the entitlement or eligibility of any person to or for any benefit:

(b)

to verify the amount of any benefit to which a person is or was entitled or for which a person is or was eligible:

(c)

to enable the recovery of any debt due to the Crown in respect of any benefit.

(3)

For the purposes of this section, the chief executive of the department for the time being responsible for the administration of the Social Security Act 1964 may from time to time, in accordance with arrangements made from time to time between that chief executive and the chief executive of the Customs, request the supply, in respect of persons who depart from New Zealand or persons who arrive in New Zealand from another country, or both, of the information specified in subsection (5).

(4)

Nothing in subsection (3) applies in respect of persons who are exempted by regulations or a special direction made under the Immigration Act 2009 from, as the case may require, the requirement to—

(a)

apply for a visa or entry permission in the prescribed manner under section 103(1)(b), (c), and (d) of that Act; or

(b)

complete documentation on departure from New Zealand under section 119(1)(c) of that Act.

(5)

The information referred to in subsection (3) is as follows:

(a)

the person’s full name:

(b)

the person’s date of birth:

(c)

the person’s sex:

(d)

the person’s passport number:

(e)

the person’s country of citizenship:

(f)

if the person arrived or, as the case may be, departed by aircraft, the flight number:

(g)

if the person arrived or, as the case may be, departed by ship, the name of the ship:

(h)

the date on which the person arrived in or, as the case may be, departed from New Zealand.

(6)

On receipt of a request made under subsection (3), the chief executive of the Customs may supply the information requested to any officer or employee or agent of the other department who is authorised for the purpose by the chief executive of that department.

(7)

Information supplied under a request made under subsection (3) may be supplied in such a form as is determined by agreement between those chief executives.

Section 280: substituted, on 1 October 1998, by section 11 of the Employment Services and Income Support (Integrated Administration) Act 1998 (1998 No 96).

Section 280 heading: amended, on 9 April 2008, by section 5(1) of the Customs and Excise (Social Assistance) Amendment Act 2008 (2008 No 25).

Section 280(1)(b): amended, on 25 January 2005, pursuant to section 65R(3) of the Public Finance Act 1989 (1989 No 44).

Section 280(1)(c): added, on 6 March 2007, by section 22 of the Customs and Excise Amendment Act 2007 (2007 No 9).

Section 280(2): substituted, on 9 April 2008, by section 5(2) of the Customs and Excise (Social Assistance) Amendment Act 2008 (2008 No 25).

Section 280(4): substituted, at 2 am on 29 November 2010, by section 406(1) of the Immigration Act 2009 (2009 No 51).