This note is not part of the order, but is intended to indicate its general effect.
This order, which comes into force on 1 May 2015, amends the Privacy (Information Sharing Agreement Between Inland Revenue and New Zealand Police) Order 2014 (the principal order) to reflect amendments to the information sharing agreement, made between Inland Revenue and the New Zealand Police (the Police) on 2 July 2014 (the agreement), approved by that order.
The agreement allows Inland Revenue to share certain categories of personal information with the Police for the purpose of preventing, detecting, investigating, or providing evidence of serious crime (defined as an offence punishable by imprisonment for a term of 4 years or more), provided the conditions for sharing set out in the agreement are met.
The agreement was amended on 16 March 2015 to—
clarify that the personal information that Inland Revenue may proactively share with the Police under the agreement includes information that Inland Revenue discovers in the course of performing its usual functions and duties and has reasonable grounds to suspect is relevant to preventing, detecting, investigating, or providing evidence of serious crime:
correct the address at which the public is able to view the agreement:
revise the definitions of various terms used in the agreement, to better reflect the information that may be shared under the agreement and, in particular, to clarify that the agreement covers both current and previous information:
make minor changes, particularly relating to operational matters set out in the agreement.
This order amends the principal order to—
approve the agreement as amended. This means that, on the date that this order comes into force, the agreement as amended takes effect for the purposes of the Act:
correct references to the title of the agreement:
reflect the changes made to definitions of certain terms used in the agreement:
revise the provision describing the personal information or types of personal information that each party may share with the other under the agreement to—
reflect the amendment to the agreement clarifying what personal information Inland Revenue may proactively share with the Police:
include a description of the personal information that the Police may share with Inland Revenue under the agreement (namely, information to enable Inland Revenue to process a Police request for personal information and to assess whether the preconditions for sharing information under the agreement are met):
include provisions clarifying that, under the agreement, Inland Revenue may take no adverse action other than to the extent that using personal information that it receives from the Police to locate personal information that it holds, or sharing information with the Police, may be considered an adverse action within the meaning of that term in the Act.
The order also amends Schedule 2A of the Privacy Act 1993 to—
update the description of the agreement so that this refers to the agreement as amended:
correct the name of the agreement:
update the description of the personal information or types of personal information that may be shared under the agreement to include other personal information that Inland Revenue identifies in the course of performing its usual functions and duties.
Date of notification in Gazette: 2 April 2015.
This order is administered by the Inland Revenue Department.