Electronic Identity Verification Regulations 2013

Reprint as at 26 October 2018

Coat of Arms of New Zealand

Electronic Identity Verification Regulations 2013

(SR 2013/9)

Jerry Mateparae, Governor-General

Order in Council

At Wellington this 18th day of February 2013

Present:
His Excellency the Governor-General in Council

Note

Changes authorised by subpart 2 of Part 2 of the Legislation Act 2012 have been made in this official reprint.

Note 4 at the end of this reprint provides a list of the amendments incorporated.

These regulations are administered by the Department of Internal Affairs.

Pursuant to sections 67(1), 69(1), and 70 of the Electronic Identity Verification Act 2012, His Excellency the Governor-General makes the following regulations, acting—

(a)

on the advice and with the consent of the Executive Council; and

(b)

on the recommendation of the Minister of Internal Affairs made after consulting the Privacy Commissioner in accordance with section 70(4) of that Act.

Regulations

1 Title

These regulations are the Electronic Identity Verification Regulations 2013.

2 Commencement

These regulations come into force on 2 April 2013.

3 Interpretation

In these regulations, unless the context otherwise requires, Act means the Electronic Identity Verification Act 2012.

4 Participating agencies

(1)

The following are declared to be participating agencies for the purposes of the Act:

(a)

every organisation that is a public entity within the meaning of section 5(1) of the Public Audit Act 2001:

(b)

every Office of Parliament within the meaning of section 2(1) of the Public Finance Act 1989:

(c)

every registered bank within the meaning of section 2(1) of the Reserve Bank of New Zealand Act 1989:

(d)

every provider (within the meaning of section 5 of the KiwiSaver Act 2006) of a scheme that is registered in the KiwiSaver schemes register established under section 156 of that Act:

(e)

every licensed insurer within the meaning of section 6(1) of the Insurance (Prudential Supervision) Act 2010:

(f)

every licensed NBDT within the meaning of section 4(1) of the Non-bank Deposit Takers Act 2013:

(g)

every holder of a market services licence within the meaning of section 6(1) of the Financial Markets Conduct Act 2013:

(h)

every authorised financial adviser within the meaning of section 5 of the Financial Advisers Act 2008:

(i)

every qualifying financial entity within the meaning of section 5 of the Financial Advisers Act 2008:

(j)

every registered establishment within the meaning of section 159(1) of the Education Act 1989:

(k)

every industry training organisation within the meaning of section 2 of the Industry Training and Apprenticeships Act 1992:

(l)

every conveyancing practitioner within the meaning of section 6 of the Lawyers and Conveyancers Act 2006:

(m)

every incorporated conveyancing firm within the meaning of section 6 of the Lawyers and Conveyancers Act 2006:

(n)

every law firm within the meaning of section 5(1) of the Anti-Money Laundering and Countering Financing of Terrorism Act 2009:

(o)

every accounting practice within the meaning of section 5(1) of the Anti-Money Laundering and Countering Financing of Terrorism Act 2009 at least 1 director or senior manager of which is a specified accountant:

(p)

every agent within the meaning of section 4(1) of the Real Estate Agents Act 2008:

(q)

each of the bodies listed in Schedule 1.

(2)

For the purposes of subclause (1)(o),—

accounting body, in relation to a specified accountant, means—

(a)

an approved association within the meaning of section 5(1) of the Financial Reporting Act 2013; or

(b)

an accredited body within the meaning of section 6(1) of the Auditor Regulation Act 2011, including the New Zealand Institute of Chartered Accountants constituted under the New Zealand Institute of Chartered Accountants Act 1996; or

(c)

an approved advisor group within the meaning of section 20B(5) of the Tax Administration Act 1994

director, in relation to an accounting practice, means,—

(a)

in the case of a company, any person occupying the position of director of the company by whatever name called:

(b)

in the case of a partnership (other than a limited partnership), any partner:

(c)

in the case of a limited partnership, any general partner:

(d)

in the case of a body corporate or unincorporate, other than a company or partnership, any person occupying a position that is comparable with that of a director of a company

senior manager, in relation to an accounting practice, means a principal or other person who is not a director but occupies a position that allows that person to exercise significant influence over the management or administration of the practice

specified accountant means an accountant in public practice who is—

(a)

a member of an accounting body and permitted by that body to offer accounting services to the public; or

(b)

recognised as a qualified statutory accountant under section 36S of the Financial Reporting Act 2013.

Regulation 4(1)(d): inserted, on 22 November 2013, by regulation 4 of the Electronic Identity Verification Amendment Regulations 2013 (SR 2013/455).

Regulation 4(1)(e): replaced, on 24 July 2014, by regulation 4 of the Electronic Identity Verification Amendment Regulations (No 2) 2014 (LI 2014/211).

Regulation 4(1)(f): inserted, on 24 July 2014, by regulation 4 of the Electronic Identity Verification Amendment Regulations (No 2) 2014 (LI 2014/211).

Regulation 4(1)(g): inserted, on 24 July 2014, by regulation 4 of the Electronic Identity Verification Amendment Regulations (No 2) 2014 (LI 2014/211).

Regulation 4(1)(h): inserted, on 24 July 2014, by regulation 4 of the Electronic Identity Verification Amendment Regulations (No 2) 2014 (LI 2014/211).

Regulation 4(1)(i): inserted, on 24 July 2014, by regulation 4 of the Electronic Identity Verification Amendment Regulations (No 2) 2014 (LI 2014/211).

Regulation 4(1)(j): replaced, on 30 September 2016, by regulation 4 of the Electronic Identity Verification Amendment Regulations 2016 (LI 2016/221).

Regulation 4(1)(k): inserted, on 30 September 2016, by regulation 4 of the Electronic Identity Verification Amendment Regulations 2016 (LI 2016/221).

Regulation 4(1)(l): replaced, on 26 October 2018, by regulation 4(1) of the Electronic Identity Verification Amendment Regulations 2018 (LI 2018/207).

Regulation 4(1)(m): inserted, on 26 October 2018, by regulation 4(1) of the Electronic Identity Verification Amendment Regulations 2018 (LI 2018/207).

Regulation 4(1)(n): inserted, on 26 October 2018, by regulation 4(1) of the Electronic Identity Verification Amendment Regulations 2018 (LI 2018/207).

Regulation 4(1)(o): inserted, on 26 October 2018, by regulation 4(1) of the Electronic Identity Verification Amendment Regulations 2018 (LI 2018/207).

Regulation 4(1)(p): inserted, on 26 October 2018, by regulation 4(1) of the Electronic Identity Verification Amendment Regulations 2018 (LI 2018/207).

Regulation 4(1)(q): inserted, on 26 October 2018, by regulation 4(1) of the Electronic Identity Verification Amendment Regulations 2018 (LI 2018/207).

Regulation 4(2): inserted, on 26 October 2018, by regulation 4(2) of the Electronic Identity Verification Amendment Regulations 2018 (LI 2018/207).

5 Organisations that are agencies for purposes of Schedule 1 of Act

The following are declared to be agencies for the purposes of Schedule 1 of the Act:

(a)

Hospitality Association of NZ Incorporated:

(b)

the New Zealand Transport Agency:

(c)

the New Zealand Police.

6 Duration of electronic identity credential

(1)

An electronic identity credential is effective for 5 years from the date on which it is issued.

(2)

If an electronic identity credential is renewed on a date that is 90 days or more before its expiry date, the electronic identity credential is effective for 5 years and 90 days from the date of renewal.

(3)

If an electronic identity credential is renewed on a date that is less than 90 days before its expiry date, the electronic identity credential is effective from the date of renewal to the date that is 5 years from the expiry date.

(4)

If an electronic identity credential is renewed on or after its expiry date, the electronic identity credential is effective for 5 years from the date of renewal.

(5)

In this regulation, expiry date means the date on which an electronic identity credential that has not been cancelled or revoked would, but for the renewal in question, cease to be effective in accordance with this regulation.

7 Retention of information relating to electronic identity credentials

(1)

The Service may retain the information specified in section 70(2)(b) of the Act for all electronic information credentials.

(2)

The period for which the Service may retain the information specified in section 70(2)(b) of the Act following the cancellation or expiry of an electronic identity credential is the period specified in the second column of the table in Schedule 2, opposite to the provision of the Act specified in the first column under which the electronic identity credential expired or was cancelled.

Regulation 7(2): amended, on 28 March 2014, by regulation 5 of the Electronic Identity Verification Amendment Regulations 2014 (LI 2014/62).

Schedule 1 Other participating agencies

r 4(l)

Schedule 1: replaced, on 28 March 2014, by regulation 6 of the Electronic Identity Verification Amendment Regulations 2014 (LI 2014/62).

Schedule 1 heading: amended, on 30 September 2016, by regulation 5 of the Electronic Identity Verification Amendment Regulations 2016 (LI 2016/221).

Aspire2 Group Limited

Auckland District Law Society Incorporated

Catalex Limited

Computershare Investor Services Limited

Consumer Financial Distribution Limited

CV Check (NZ) Limited

Cybertalk Limited

Cypha Limited

Datacom Payment Manager Limited

Emma Stanley Law Limited

Employrite Co Limited

Enigma Solutions Limited

European Financial Services Limited

First Credit Union

GE Finance and Insurance

Hospitality New Zealand Incorporated

Insurance Quotes Limited

Kiwi-Coin Limited

KlickEx Corporation Limited

Laidlaw College Incorporated

Medi-map Limited

Nest Kids and Co Limited

New Zealand Law Society, within the meaning of section 6 of the Lawyers and Conveyancers Act 2006

New Zealand Racing Board

Ngāti Whātua Ōrākei Whai Maia Limited

NZ Tax Refunds Limited

NZForex Limited

OM Financial Limited

Online Realty International Limited

Partners Life Limited

Personal Information Management Limited

Plej Limited

Private Box Limited

Progressive Enterprises Limited

Prometheus Finance Limited

PropertyNZ Limited

Real Estate Institute of New Zealand Incorporated

Real Finance Limited

Royal New Zealand Foundation of the Blind Incorporated

SafeKiwi (New Zealand) Limited

Secured Signing Limited

Snapper Services Limited

Spark Foundation

Staffchecks Limited

Talentwire Limited

The Tenancy Practice Service Limited

Trade Me Limited

Trustworks New Zealand Limited

Youchooze IT Limited

Schedule 1: amended, on 26 October 2018, by regulation 5 of the Electronic Identity Verification Amendment Regulations 2018 (LI 2018/207).

Schedule 1: amended, on 17 March 2017, by regulation 4 of the Electronic Identity Verification Amendment Regulations 2017 (LI 2017/45).

Schedule 1: amended, on 30 September 2016, by regulation 6 of the Electronic Identity Verification Amendment Regulations 2016 (LI 2016/221).

Schedule 1: amended, on 28 August 2015, by regulation 4 of the Electronic Identity Verification Amendment Regulations (No 2) 2015 (LI 2015/203).

Schedule 1: amended, on 2 April 2015, by regulation 4 of the Electronic Identity Verification Amendment Regulations 2015 (LI 2015/44).

Schedule 1: amended, on 24 July 2014, by regulation 5 of the Electronic Identity Verification Amendment Regulations (No 2) 2014 (LI 2014/211).

Schedule 2 Period for which Service may retain information following cancellation or expiry of electronic identity credential

r 7(2)

Schedule 2: inserted, on 28 March 2014, by regulation 6 of the Electronic Identity Verification Amendment Regulations 2014 (LI 2014/62).

Relevant provision of ActPeriod
Section 10(1)11 years
Section 3111 years
Section 33(1)(a)11 years
Section 33(1)(b)1 month
Section 33(1)(c)11 years

Michael Webster,
for Clerk of the Executive Council.

Issued under the authority of the Legislation Act 2012.

Date of notification in Gazette: 21 February 2013.

Reprints notes
1 General

This is a reprint of the Electronic Identity Verification Regulations 2013 that incorporates all the amendments to those regulations as at the date of the last amendment to them.

2 Legal status

Reprints are presumed to correctly state, as at the date of the reprint, the law enacted by the principal enactment and by any amendments to that enactment. Section 18 of the Legislation Act 2012 provides that this reprint, published in electronic form, has the status of an official version under section 17 of that Act. A printed version of the reprint produced directly from this official electronic version also has official status.

3 Editorial and format changes

Editorial and format changes to reprints are made using the powers under sections 24 to 26 of the Legislation Act 2012. See also http://www.pco.parliament.govt.nz/editorial-conventions/.