Electronic Identity Verification Bill

  • enacted

Hon Chris Tremain

Electronic Identity Verification Bill

Government Bill

323—3

As reported from the committee of the whole House

Contents

Key

1 Title

2 Commencement

Part 1
Preliminary provisions

3 Purpose

4 Principles

5 Overview

6 Act binds the Crown

7 Interpretation

Part 2
Electronic identity verification

Subpart 1Electronic identity credential

General

8 Electronic identity credential: definition

9 Electronic identity credential: contents

10 Electronic identity credential: duration

11 Only 1 electronic identity credential per individual

12 Exception to section 11 for certain individuals with new identity information

13 Limits of exception in section 12

14 Electronic identity credential to be personal to individual

15 Individual has no property rights in electronic identity credential

Use

16 Restrictions on use of electronic identity credential by individual

17 Use of electronic identity credential by individual

18 Use of electronic identity credential by participating agency

19 Effect of using electronic identity credential

20 Effect of change in status of electronic identity credential

Access

20A Access to core identity information and status information

20B Access to photograph

21 Access to record of usage history via chief executive

21A Disclosure of record of usage history by chief executive

21B Access to record of usage history via search warrant

Applications

22 What applications may be made

23 Who may make application

24 Application for issue

25 Application for renewal

26 Application for amendment

27 Application for voluntary cancellation

Mandatory amendment or cancellation, suspension, or revocation

28 Mandatory amendment of electronic identity credential

29 Mandatory cancellation of electronic identity credential

30 Suspension of processing of application or electronic identity credential

31 Revocation of electronic identity credential

32 Process for suspension or revocation

Subpart 2Administrative provisions

Information matching

33 Definitions

34 Purpose of disclosure of identity-related information

35 Disclosure of identity-related information

36 Use of results of information matching

Functions of chief executive

37 Functions of chief executive

Duties of chief executive

38 Chief executive must take all reasonable steps to authenticate individual's identity

39 Chief executive must publish material

40 Chief executive must keep record of usage history for prescribed period

Powers of chief executive

41 Chief executive may approve manner in which applications to be made

42 Chief executive may specify what information to be provided with applications

43 Chief executive may set standards or specifications for use of electronic identity credentials by participating agencies

44 Chief executive may require participating agencies to report on use of electronic identity credentials

45 Chief executive may suspend use of electronic identity credentials by participating agencies

46 Chief executive may delegate functions, duties, and powers

47 Chief executive may enter into agreement with third party for performance of functions and duties, or exercise of powers, under this Act

48 Application of Ombudsmen Act 1975 and Official Information Act 1982 to certain delegates of chief executive and to certain third parties

Reconsideration of decisions

49 Application of section 50

50 Reconsideration of decision

Electronic Identity Verification Service

51 Electronic Identity Verification Service

52 Function of Service

Reporting requirements

53 Privacy Commissioner may require periodic reports on operation of Service or of confirmation agreement

Part 3
Miscellaneous provisions

Relationship with other Acts

54 Official Information Act 1982

55 Privacy Act 1993

Offences and penalties

56 Offences relating to Service information and material

57 Offence relating to improper issue

58 Offences relating to improper access and use

59 Offences involving statements or documentation

Court orders

60 Court may make certain orders in relation to specified offence

Liability

61 Protection from liability

Notices

62 Giving of notices

Regulations

63 Regulations relating to participating agencies

64 When Minister may recommend certain regulations relating to participating agencies

65 Regulations relating to agencies for purposes of Schedule 1

65A Regulations relating to time periods

66 Regulations relating to fees

67 Other regulations

Transitional provisions

68 Pre-commencement electronic identity credential

69 Existing application for pre-commencement electronic identity credential

70 Pre-commencement third-party agreement

Consequential amendments

71 Consequential amendments

Schedule 1
Identity information checks

Schedule 2
Consequential amendments

Legislative history


The Parliament of New Zealand enacts as follows: