Electronic Identity Verification Amendment Regulations 2018

2018/207

Coat of Arms of New Zealand

Electronic Identity Verification Amendment Regulations 2018

Patsy Reddy, Governor-General

Order in Council

At Wellington this 23rd day of October 2018

Present:
Her Excellency the Governor-General in Council

These regulations are made under section 67 of the Electronic Identity Verification Act 2012 on the advice and with the consent of the Executive Council.

Regulations

1 Title

These regulations are the Electronic Identity Verification Amendment Regulations 2018.

2 Commencement

These regulations come into force on 26 October 2018.

3 Principal regulations

These regulations amend the Electronic Identity Verification Regulations 2013 (the principal regulations).

4 Regulation 4 amended (Participating agencies)

(1)

Replace regulation 4(l) with:

(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)

In regulation 4, insert as subclause (2):

(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.

5 Schedule 1 amended

In Schedule 1, insert in their appropriate alphabetical order the items set out in the Schedule of these regulations.

Schedule New items inserted in Schedule 1

r 5

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

Trade Me Limited

Michael Webster,
Clerk of the Executive Council.

Explanatory note

This note is not part of the regulations, but is intended to indicate their general effect.

These regulations, which come into force on 26 October 2018, amend the Electronic Identity Verification Regulations 2013 (the principal regulations) by adding further classes of persons as participating agencies under the Electronic Identity Verification Act 2012.

Regulation 4 amends regulation 4 of the principal regulations by adding conveyancers and conveyancing firms, law firms, accounting practices, and real estate agents to the declared category of participating agencies.

Regulation 5 amends Schedule 1 of the principal regulations by adding New Zealand Law Society and Trade Me Limited to the list of other participating agencies.

Issued under the authority of the Legislation Act 2012.

Date of notification in Gazette: 25 October 2018.

These regulations are administered by the Department of Internal Affairs.