Privacy (Information Sharing Agreement Facilitating Customer Nominated Services) Order 2020

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2020/133

Coat of Arms of New Zealand

Privacy (Information Sharing Agreement Facilitating Customer Nominated Services) Order 2020

Patsy Reddy, Governor-General

Order in Council

At Wellington this 22nd day of June 2020

Present:
Her Excellency the Governor-General in Council

This order is made under sections 96J to 96L of the Privacy Act 1993

(a)

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

(b)

on the recommendation of the Minister of Internal Affairs made in accordance with section 96N of that Act.

Order

1 Title

This order is the Privacy (Information Sharing Agreement Facilitating Customer Nominated Services) Order 2020.

2 Commencement

This order comes into force on 25 July 2020.

3 Interpretation

(1)

In this order, unless the context otherwise requires,—

ACC means the Accident Compensation Corporation

Act means the Privacy Act 1993

agreement means the information sharing agreement approved under clause 4

application means the submission of a formal request for the provision of a public service

DIA means the Department of Internal Affairs

driver licence means a licence to drive that is issued or has effect under the LTA, and includes an endorsement on a driver licence

education services means public services provided to individuals within the legislative responsibilities of MoE

electronic identity credential has the same meaning as in section 7 of the Electronic Identity Verification Act 2012

identity services means all public services provided by DIA or the Registrar-General under the relevant legislation, including any of the following:

(a)

the registration or recording of life events:

(b)

the issuing of travel documents:

(c)

the provision of access to information relating to life events and travel documents

information privacy principle means an information privacy principle in section 6 of the Act

life event means a birth, death, marriage, civil union, name change, acquisition or grant of New Zealand citizenship, change of citizenship status, or appointment or authorisation to act as a celebrant

MBIE means the Ministry of Business, Innovation, and Employment

MoE means the Ministry of Education

MSD means the Ministry of Social Development

MSD services means public services provided to individuals within the legislative responsibilities of MSD

non-disclosure direction has the same meaning as in section 2 of the BDMRR Act

NZTA means the New Zealand Transport Agency

partner means an agency, a business, or a non-government organisation that—

(a)

is authorised to provide DIA or Registrar-General public services to individuals under the relevant legislation; and

(b)

records information about the individual; and

(c)

uses DIA or Registrar-General information to assist with the delivery of its services

partner specific customer identifier, in relation to an individual to whom a DIA or Registrar-General public service under the relevant legislation is provided by a partner, is the unique identifier as used between DIA or the Registrar-General and the partner to identify that individual

party means a party to the agreement under clause 5(1)

personal information has the same meaning as in section 2(1) of the Act

Registrar-General has the same meaning as in section 2 of the BDMRR Act

relevant legislation means the following Acts:

(a)

BDMRR Act:

RUC collector has the same meaning as in section 5(1) of the Road User Charges Act 2012

schedule for the party, in relation to a party, means the schedule of this order that has the name of that party in its heading

transport service licence has the same meaning as in section 2(1) of the Land Transport Act 1998

travel document means a New Zealand travel document as defined in section 2 of the Passports Act 1992

visa means a visa as defined in section 4 of the Immigration Act 2009.

(2)

Any term that is used but not defined in this order has the same meaning as in Part 9A of the Act.

4 Information sharing agreement approved

(1)

The information sharing agreement described in subclause (2) is approved.

(2)

The information sharing agreement is the Information Sharing Agreement facilitating Customer Nominated Services made on 4 May 2020.

(3)

The agreement comes into force on the day on which this order comes into force.

Parties and lead agency

5 Parties to agreement and designation of lead agency

(1)

The parties to the agreement are—

(a)

ACC; and

(b)

DIA; and

(c)

MBIE; and

(d)

MoE; and

(e)

MSD; and

(f)

NZTA; and

(g)

the Registrar of Motor Vehicles; and

(h)

the Registrar-General; and

(i)

the RUC collector.

(2)

The lead agency is DIA.

Purposes for which information may be shared

6 Purposes for which information may be shared

The agreement authorises the sharing of personal information for 1 or more of the following purposes:

(a)

to notify an individual of public services they may be eligible to access:

(b)

to verify an individual’s identity:

(c)

to ensure that an individual is not required to provide to a party identity or life event records that DIA or the Registrar-General already holds when applying for, or utilising, public services:

(d)

to ensure eligibility and entitlement requirements are met when an individual is applying for or receiving public services:

(e)

to enable cleansing and updating of records upon the change in circumstances of an individual:

(f)

to enable parties to provide additional protection to the personal information shared by the Registrar-General where the individual has an active non-disclosure direction:

(g)

to enable the prevention, detection, investigation, and prosecution of offences, and the conduct of civil proceedings, including judicial review.

Public services that agreement facilitates

7 Public services that agreement intended to facilitate

The public services that the agreement is intended to facilitate are—

(a)

the accurate and efficient assessment of eligibility for and entitlement to receive public services that an individual applies for or decides to utilise; and

(b)

the accurate and efficient delivery of public services that an individual applies for or decides to utilise; and

(c)

the prevention, detection, investigation, and prosecution of offences, and the conduct of civil proceedings, including judicial review.

Personal information that may be shared under agreement

8 Personal information that may be shared under agreement

A party may share personal information as specified in the schedule for the party.

9 How parties may use personal information

A party may use personal information shared under the agreement as specified in the schedule for the party.

Exemptions from information privacy principles

10 Exemption from information privacy principle 2 (source of personal information)

(1)

Subclause (2) exempts the parties from information privacy principle 2.

(2)

It is not a breach of information privacy principle 2 if—

(a)

personal information is collected by a party from, or within, a party; and

(b)

that information is collected in accordance with the agreement and for 1 or more of the purposes stated in clause 6.

11 Exemption from information privacy principle 10 (limits on use of personal information)

(1)

Subclause (2) exempts the parties from information privacy principle 10.

(2)

It is not a breach of information privacy principle 10 if—

(a)

personal information that is collected by, or within, a party is used by a party; and

(b)

that information is used in accordance with the agreement and in accordance with clause 9.

12 Exemption from information privacy principle 11 (limits on disclosure of personal information)

(1)

Subclause (2) exempts the parties from information privacy principle 11.

(2)

It is not a breach of information privacy principle 11 if—

(a)

personal information is disclosed by a party to, or within, a party; and

(b)

that information is disclosed in accordance with the agreement and for 1 or more of the purposes stated in clause 6.

Adverse actions

13 Adverse actions

(1)

This clause states the adverse actions that each party can reasonably be expected to take in relation to an individual as a result of the sharing of personal information under the agreement.

(2)

A party can reasonably be expected to take any 1 or more of the adverse actions specified in the schedule for the party.

14 Procedure before adverse action taken

(1)

Before a party takes an adverse action as a result of the sharing of personal information under the agreement, the party must take steps that are reasonable in the circumstances to confirm the accuracy of the information.

(2)

The agreement provides that a party will not provide notice of an adverse action under section 96Q of the Act if the personal information shared—

(a)

relates to a situation where a party has reasonable grounds to suspect that an offence has been committed, is being committed, or will be committed; and

(b)

is relevant to the prevention, detection, investigation, or prosecution of the offence; and

(c)

advance notification to a suspect would be likely to prejudice the investigation or prosecution of an alleged offender or offence.

Miscellaneous

15 How to access agreement

(1)

A copy of the agreement is available online at https://www.dia.govt.nz

(2)

A copy of the agreement is also available at DIA, 45 Pipitea Street, Thorndon, Wellington 6011.

16 Schedule 2A of Privacy Act 1993 amended

In the Privacy Act 1993, Schedule 2A, after the item relating to the information sharing agreement between the Department of Internal Affairs and the Registrar-General, insert the item set out in Schedule 10 of this order.

Schedule 1 DIA

cls 8, 9

1 Personal information that may be shared under agreement

DIA may share the personal information about an individual specified in columns 2 and 3 of the table—

(a)

with any party that is permitted by column 4 of the table and the schedule for the party to use the information; and

(b)

within DIA for any use within DIA that is permitted by column 4 of the table and this schedule.

Column 1Column 2Column 3Column 4
ItemInformationDescriptionUses
1Identifying informationInformation to identify the individual, including current name, previous names, date of birth, place of birth, partner specific customer identifierAll
2Citizenship informationInformation relating to the individual’s citizenship history and current status, as maintained by the Secretary for Internal Affairs under the Citizenship (Western Samoa) Act 1982, or the Citizenship Act 1977 or another Act

Schedule 1, clause 2, uses b, c, d, e, f, and g

Schedule 3, clause 2, uses a, b, and d

Schedule 5, clause 2, uses a, b, and d

Schedule 6, clause 2, uses a, b, and e

Schedule 7, clause 2, uses a and b

Schedule 8, clause 2, uses a and c

3New Zealand passport informationInformation relating to the individual’s New Zealand passport history, including any information provided in any applications by the individual for a New Zealand passport

Schedule 1, clause 2, uses b, c, d, e, f, and g

Schedule 3, clause 2, uses a, b, c, and d

Schedule 4, clause 2, uses a and b

Schedule 5, clause 2, uses a, b, c, and d

Schedule 6, clause 2, uses a, b, c, d, and e

Schedule 7, clause 2, uses a and b

Schedule 8, clause 2, uses a, b, and c

Schedule 9, clause 2, uses a, b, and c

4New Zealand certificate of identity informationInformation relating to the individual’s New Zealand certificate of identity history, including any information relating to any applications by the individual for a New Zealand certificate of identity

Schedule 1, clause 2, uses b, c, d, e, f, and g

Schedule 3, clause 2, uses a, b, and d

Schedule 4, clause 2, uses a and b

Schedule 6, clause 2, uses a, b, c, d, and e

Schedule 7, clause 2, uses a and b

Schedule 8, clause 2, uses a and c

Schedule 9, clause 2, uses a and c

5New Zealand refugee travel document informationInformation relating to the individual’s New Zealand refugee travel document history, including any information relating to any applications by the individual for a New Zealand refugee travel document

Schedule 1, clause 2, uses b, c, d, e, f, and g

Schedule 3, clause 2, uses a, b, and d

Schedule 4, clause 2, uses a and b

Schedule 6, clause 2, uses a, b, c, d, and e

Schedule 7, clause 2, uses a and b

Schedule 8, clause 2, uses a and c

Schedule 9, clause 2, uses a and c

6electronic identity credential application informationInformation provided by the individual when applying for an electronic identity credential

Schedule 1, clause 2, uses b, c, f, and g

Schedule 2, clause 2, uses b and c

Schedule 3, clause 2, uses d and e

Schedule 5, clause 2, uses d and e

2 How DIA may use personal information provided by DIA

The personal information received by DIA from DIA may be used to– –

(a)

identify the individual about whom information is requested and issue a partner specific customer identifier if one does not already exist:

(b)

confirm the validity of identity information in support of an electronic identity credential:

(c)

ensure that each individual can only be issued with one valid electronic identity credential:

(d)

attribute attributes to an individual’s electronic identity credential:

(e)

populate an application for an electronic identity credential that is applied for at the same time as another identity service:

(f)

verify the identity of an individual who is applying for identity services:

(g)

enable the prevention, detection, investigation, and prosecution of offences under relevant legislation, and the conduct of civil proceedings, including judicial review, in relation to identity services.

3 How DIA may use personal information provided by the Registrar-General

The personal information received by DIA from the Registrar-General may be used to—

(a)

identify the individual about whom information is requested and issue a partner specific customer identifier if one does not already exist:

(b)

update the records of an individual with an electronic identity credential upon their death:

(c)

update the records of an individual with an electronic identity credential upon a name or gender change:

(d)

update the records of an individual with an electronic identity credential upon a marriage or civil union:

(e)

confirm the validity of identity information in support of an electronic identity credential:

(f)

ensure that each individual can only be issued with one valid electronic identity credential:

(g)

attribute attributes to an individual’s electronic identity credential:

(h)

populate an application for an electronic identity credential that is applied for at the same time as another identity Service:

(i)

provide additional protection to information provided by the Registrar-General where the individual concerned has an active non-disclosure direction under the BDMRR Act:

(j)

enable the prevention, detection, investigation, and prosecution of offences under relevant legislation, and the conduct of civil proceedings, including judicial review, in relation to identity services.

4 How DIA may use personal information provided by NZTA

The personal information received by DIA from NZTA may be used to—

(a)

identify the individual about whom information is requested and issue a partner specific customer identifier if one does not already exist:

(b)

recommend or determine the suitability of an individual for New Zealand citizenship:

(c)

verify the identity of an individual who is applying for identity services:

(d)

enable the prevention, detection, investigation, and prosecution of offences under relevant legislation, and the conduct of civil proceedings, including judicial review, in relation to identity services:

(e)

confirm the validity of identity information in support of an electronic identity credential:

(f)

ensure that each individual can only be issued with one valid electronic identity credential:

(g)

attribute attributes to an individual’s electronic identity credential.

5 How DIA may use personal information provided by MSD

The personal information received by DIA from MSD may be used to—

(a)

identify the individual about whom information is requested and issue a partner specific customer identifier if one does not already exist:

(b)

recommend or determine the suitability of an individual for New Zealand citizenship:

(c)

verify the identity of an individual who is applying for identity services:

(d)

enable the prevention, detection, investigation, and prosecution of offences under relevant legislation, and the conduct of civil proceedings, including judicial review, in relation to identity services.

6 How DIA may use personal information provided by MBIE

The personal information received by DIA from MBIE may be used to—

(a)

identify the individual about whom information is requested and issue a partner specific customer identifier if one does not already exist:

(b)

ensure that an individual applying for New Zealand citizenship or the individual’s guardians are not required to provide identity and life event records that Immigration New Zealand holds:

(c)

ensure that an individual applying for a New Zealand Certificate of Identity or New Zealand refugee travel document is not required to provide information that Immigration New Zealand holds:

(d)

recommend or determine the suitability of an individual for New Zealand citizenship:

(e)

contact individuals who meet the presence requirements for New Zealand citizenship:

(f)

verify the identity of an individual who is applying for identity services:

(g)

enable the prevention, detection, investigation, and prosecution of offences under relevant legislation, and the conduct of civil proceedings, including judicial review, in relation to identity services:

(h)

confirm the validity of identity information in support of an electronic identity credential:

(i)

ensure that each individual can only be issued with one valid electronic identity credential:

(j)

attribute attributes to an individual’s electronic identity credential.

7 How DIA may use personal information provided by MoE

The personal information received by DIA from MoE may be used to—

(a)

identify the individual about whom information is requested and issue a partner specific customer identifier if one does not already exist:

(b)

verify the identity of an individual who is applying for identity services:

(c)

enable the prevention, detection, investigation, and prosecution of offences under relevant legislation, and the conduct of civil proceedings, including judicial review, in relation to identity services.

8 How DIA may use personal information provided by ACC

The personal information received by DIA from ACC may be used to—

(a)

identify the individual about whom information is requested and issue a partner specific customer identifier if one does not already exist:

(b)

recommend or determine the suitability of an individual for New Zealand citizenship:

(c)

enable the prevention, detection, investigation, and prosecution of offences under relevant legislation, and the conduct of civil proceedings, including judicial review, in relation to identity services.

9 How DIA may use personal information provided by the Registrar of Motor Vehicles

The personal information received by DIA from the Registrar of Motor Vehicles may be used to—

(a)

identify the individual about whom information is requested and issue a partner specific customer identifier if one does not already exist:

(b)

recommend or determine the suitability of an individual for New Zealand citizenship:

(c)

enable the prevention, detection, investigation, and prosecution of offences under relevant legislation, and the conduct of civil proceedings, including judicial review, in relation to identity services.

10 How DIA may use personal information provided by the RUC collector

The personal information received by DIA from the RUC Collector may be used to—

(a)

identify the individual about whom information is requested and issue a partner specific customer identifier if one does not already exist:

(b)

recommend or determine the suitability of an individual for New Zealand citizenship:

(c)

enable the prevention, detection, investigation, and prosecution of offences under relevant legislation, and the conduct of civil proceedings, including judicial review, in relation to identity services.

11 Adverse actions

DIA can reasonably be expected to potentially take any of the following adverse actions based on the information received from another party or within DIA:

(a)

remove an individual’s name from a New Zealand citizenship register in circumstances where it has been erroneously registered:

(b)

decline to register an individual as a New Zealand citizen by descent:

(c)

provide adverse advice to the Minister of Internal Affairs in relation to an application for an evidentiary certificate of New Zealand citizenship:

(d)

provide adverse advice to the Minister of Internal Affairs in relation to an application for the grant of New Zealand citizenship:

(e)

provide adverse advice to the Minister of Internal affairs in relation to a potential deprivation of New Zealand citizenship:

(f)

decline to issue a travel document:

(g)

issue a New Zealand Passport for a period shorter than the standard duration:

(h)

decline to issue an electronic identity credential:

(i)

cancel an electronic identity credential:

(j)

update the known names associated with an electronic identity credential:

(k)

investigate any matter that may constitute an offence under any legislation it administers and prosecute the offence or report any suspected offence to the New Zealand Police:

(l)

engage in civil proceedings in relation to life events, deprivations of New Zealand citizenship, or travel documents.

Schedule 2 Registrar-General

cls 8, 9

1 Personal information that may be shared under agreement

The Registrar-General may share the personal information about an individual specified in columns 2 and 3 of the table with any party that is permitted by column 4 of the table and the schedule for the party to use the information.

Column 1Column 2Column 3Column 4
ItemInformationDescriptionUses
1Identifying informationInformation to identify the individual, including current name, previous names, date of birth, place of birth, partner specific customer identifierAll
2Birth informationInformation relating to the individual’s birth that is maintained by the Registrar-General under the BDMRR Act, excluding information protected by sections 63 to 66 of that Act

Schedule 1, clause 3, uses c, e, f, g, h, and j

Schedule 3, clause 3, uses a, b, d, f, and i

Schedule 4, clause 3, uses a, c, g, and i

Schedule 5, clause 3, uses a, c, and g

Schedule 6, clause 3, uses a, b, c, d, g, and i

Schedule 7, clause 3, uses a, c, and f

Schedule 8, clause 3, uses a, c, e, and h

Schedule 9, clause 3, uses a, c, e, and g

3Pre-sexual assignment or reassignmentAn individual’s new name and previous name contained within the register maintained by the Registrar-General relating to births when a pre-sexual assignment or reassignment has occurred

Schedule 1, clause 3, uses c, e, f, and j

Schedule 3, clause 3, uses d and i

Schedule 4, clause 3, uses c and i

Schedule 5, clause 3, uses c and g

4Death informationInformation relating to the individual’s death that is maintained by the Registrar-General under the BDMRR Act

Schedule 1, clause 3, uses b, e, f, and j

Schedule 3, clause 3, uses a, c, and i

Schedule 4, clause 3, uses a, b, f, and i

Schedule 5, clause 3, uses a, b, e, and g

Schedule 6, clause 3, uses a, b, f, and i

Schedule 7, clause 3, uses a, b, and f

Schedule 8, clause 3, uses a, b, and h

Schedule 9, clause 3, uses a, b, and g

5Marriage informationInformation relating to the individual’s marriage that is maintained by the Registrar-General under the BDMRR Act

Schedule 1, clause 3, uses d, e, f, g, h, and j

Schedule 3, clause 3, uses a, e, f, and i

Schedule 4, clause 3, uses a, d, e, and i

Schedule 5, clause 3, uses a, d, and g

Schedule 6, clause 3, uses a, h, and i

Schedule 7, clause 3, uses a, d, and f

Schedule 8, clause 3, uses a, d, e, and h

Schedule 9, clause 3, uses a, d, e, and g

6Civil union informationInformation relating to the individual’s civil union that is maintained by the Registrar-General under the BDMRR Act

Schedule 1, clause 3, uses d, e, f, g, h, and j

Schedule 3, clause 3, uses a, e, f, and i

Schedule 4, clause 3, uses a, d, e, and i

Schedule 5, clause 3, uses a, d, and g

Schedule 6, clause 3, uses a, h, and i

Schedule 7, clause 3, uses a, d, and f

Schedule 8, clause 3, uses a, d, e, and h

Schedule 9, clause 3, uses a, d, e, and g

7Name change informationInformation relating to the individual’s name change that is maintained by the Registrar-General under the BDMRR Act

Schedule 1, clause 3, uses c, e, f, g, h, and j

Schedule 3, clause 3, uses a, d, f, and i

Schedule 4, clause 3, uses a, c, and i

Schedule 5, clause 3, uses a, c, and g

Schedule 6, clause 3, uses a, g, and i

Schedule 7, clause 3, uses a, c, and f

Schedule 8, clause 3, uses a, c, e, and h

Schedule 9, clause 3, uses a, c, e, and g

8Name change lodgementsInformation contained within name change lodgements

Schedule 1, clause 3, uses e, f, g, h, and j

Schedule 3, clause 3, uses a and i

Schedule 4, clause 3, uses a, c, and i

Schedule 5, clause 3, uses a, c, and g

Schedule 6, clause 3, uses a and i

Schedule 7, clause 3, uses a, c, and f

Schedule 8, clause 3, uses a, c, e, and h

Schedule 9, clause 3, uses a and g

9Overseas death informationInformation relating to the death of an individual outside New Zealand

Schedule 1, clause 3, uses b, e, f, and j

Schedule 3, clause 3, uses a, c, and i

Schedule 4, clause 3, uses a, b, f, and i

Schedule 5, clause 3, uses a, b, e, and g

Schedule 6, clause 3, uses a, b, f, and i

Schedule 7, clause 3, uses a, b, and f

Schedule 8, clause 3, uses a, b, and h

Schedule 9, clause 3, uses a, b, and g

10Overseas name change informationInformation relating to the name change of an individual outside New Zealand

Schedule 1, clause 3, uses c, e, f, g, h, and j

Schedule 3, clause 3, uses a, d, f, and i

Schedule 4, clause 3, uses a, c, and i

Schedule 5, clause 3, uses a, c, and g

Schedule 6, clause 3, uses a, g, and i

Schedule 7, clause 3, uses a, c, and f

Schedule 8, clause 3, uses a, c, e, and h

Schedule 9, clause 3, uses a, c, e, and g

11Overseas marriage and civil union informationInformation relating to the individual’s marriage or civil union outside New Zealand or the dissolution of the individual’s marriage or civil union outside New Zealand

Schedule 1, clause 3, uses d, e, f, g, h, and j

Schedule 3, clause 3, uses a, e, f, and i

Schedule 4, clause 3, uses a, d, e, and i

Schedule 5, clause 3, uses a, d, and g

Schedule 6, clause 3, uses a, h, and i

Schedule 7, clause 3, uses a, d, and f

Schedule 8, clause 3, uses a, d, e, and h

Schedule 9, clause 3, uses a, d, e, and g

12Non-disclosure directions informationInformation contained within the non-disclosure direction application, under the BDMRR Act, including the date it came into force

Schedule 1, clause 3, uses i and j

Schedule 3, clause 3, uses g, h, and i

Schedule 4, clause 3, uses h and i

Schedule 5, clause 3, uses f and g

Schedule 6, clause 3, uses e and i

Schedule 7, clause 3, uses e and f

Schedule 8, clause 3, uses f, g, and h

Schedule 9, clause 3, uses f and g

2 How the Registrar-General may use personal information provided by DIA

The personal information received by the Registrar-General from DIA may be used to—

(a)

identify the individual about whom information is requested and issue a partner specific customer identifier if one does not already exist:

(b)

verify the identity of an individual who is applying for identity services:

(c)

enable the prevention, detection, investigation, and prosecution of offences under relevant legislation, and the conduct of civil proceedings, including judicial review, in relation to identity services.

3 How the Registrar-General may use personal information provided by NZTA

The personal information received by the Registrar-General from NZTA may be used to—

(a)

identify the individual about whom information is requested and issue a partner specific customer identifier if one does not already exist:

(b)

verify the identity of an individual who is applying for identity services:

(c)

enable the prevention, detection, investigation, and prosecution of offences under relevant legislation, and the conduct of civil proceedings, including judicial review, in relation to identity services.

4 How the Registrar-General may use personal information provided by MSD

The personal information received by the Registrar-General from MSD may be used to—

(a)

identify the individual about whom information is requested and issue a partner specific customer identifier if one does not already exist:

(b)

assist with the location of a parent for unregistered births:

(c)

verify the identity of an individual who is applying for identity services:

(d)

enable the prevention, detection, investigation, and prosecution of offences under relevant legislation, and the conduct of civil proceedings, including judicial review, in relation to identity services.

5 How the Registrar-General may use personal information provided by MBIE

The personal information received by the Registrar-General from MBIE may be used to—

(a)

identify the individual about whom information is requested and issue a partner specific customer identifier if one does not already exist:

(b)

confirm the eligibility of a child to be registered as a citizen by birth based on their parents’ residency status:

(c)

confirm the eligibility of an individual when applying for or utilising identity services:

(d)

assist with the location of a parent for unregistered births:

(e)

verify the identity of an individual who is applying for identity services:

(f)

enable the prevention, detection, investigation, and prosecution of offences under relevant legislation, and the conduct of civil proceedings, including judicial review, in relation to identity services.

6 How the Registrar-General may use personal information provided by MoE

The personal information received by the Registrar-General from MoE may be used to—

(a)

identify the individual about whom information is requested and issue a partner specific customer identifier if one does not already exist:

(b)

verify the identity of an individual who is applying for identity services:

(c)

enable the prevention, detection, investigation, and prosecution of offences under relevant legislation, and the conduct of civil proceedings, including judicial review, in relation to identity services.

7 How the Registrar-General may use personal information provided by ACC

The personal information received by the Registrar-General from ACC may be used to identify the individual about whom information is requested and issue a partner specific customer identifier if one does not already exist.

8 How the Registrar-General may use personal information provided by the Registrar of Motor Vehicles

The personal information received by the Registrar-General from the Registrar of Motor Vehicles may be used to identify the individual about whom information is requested and issue a partner specific customer identifier if one does not already exist.

9 How the Registrar-General may use personal information provided by the RUC Collector

The personal information received by the Registrar-General from the RUC Collector may be used to identify the individual about whom information is requested and issue a partner specific customer identifier if one does not already exist.

10 Adverse actions

The Registrar-General can reasonably be expected to potentially take any of the following adverse actions based on the information received from another party:

(a)

decline to register an individual as a New Zealand citizen by birth:

(b)

decline to register parents’ details in certain circumstances:

(c)

decline to accept a registration of birth in certain circumstances:

(d)

decline to issue a certificate or copy of a source document:

(e)

decline to issue a marriage or civil union licence:

(f)

decline to accept a name in relation to a birth recorded in certain circumstances:

(g)

decline to accept a name change in certain circumstances:

(h)

investigate any matter that may constitute an offence under relevant legislation and prosecute the offence or report any suspected offence to the New Zealand Police:

(i)

engage in civil proceedings in relation to life events.

Schedule 3 NZTA

cls 8, 9

1 Personal information that may be shared under agreement

NZTA may share the personal information about an individual specified in columns 2 and 3 of the table with any party that is permitted by column 4 of the table and the schedule for the party to use the information.

Column 1Column 2Column 3Column 4
ItemInformationDescriptionUses
1Identifying informationInformation to identify the individual, including current name, previous names, date of birth, place of birth, partner specific customer identifier

Schedule 1, clause 4, use a

Schedule 2, clause 3, use a

2Driver licence informationCurrent information held on the national register of driver licences for each driver licence that is maintained by the NZTA under section 199 of the LTA, excluding records marked confidential

Schedule 1, clause 4, uses b, c, d, e, f, and g

Schedule 2, clause 3, uses b and c

3Driver licence imagesPhotographic images of driver licence holders stored under section 28(5) of the LTA (and authorised under section 200(2) of the LTA to be provided)

Schedule 1, clause 4, uses c, d, e, f, and g

Schedule 2, clause 3, uses b and c

4Demerit pointsAll demerit points recorded under section 88 of the LTA, including—

(a) demerit points that subsequently cease to have effect under section 91(1) of the LTA:

(b) demerit points that are cancelled by the NZTA under section 91(2) or 91(3) of the LTA:

(c) demerit points that are reinstated by the NZTA under section 91(4) of the LTA

Schedule 1, clause 4, uses b and d

6Current debtCurrent debt to the Crown (excluding debt under the Land Transport Management Act 2003)

Schedule 1, clause 4, uses b and d

7Debt historyHistoric debt to the Crown (excluding debt under the Land Transport Management Act 2003)

Schedule 1, clause 4, uses b and d

2 How NZTA may use personal information provided by DIA

The personal information received by NZTA from DIA may be used to—

(a)

ensure that an individual applying for, or utilising, public services is not required to provide identity and life event records that DIA holds:

(b)

confirm that specified types of driver licence holders and transport service licence holders are entitled to work in New Zealand:

(c)

assist in the location of individuals:

(d)

enable the prevention, detection, investigation, and prosecution of offences, and the conduct of civil proceedings, including judicial review:

(e)

identify an individual applying for an electronic identity credential.

3 How NZTA may use personal information provided by the Registrar-General

The personal information received by NZTA from the Registrar-General may be used to—

(a)

ensure that an individual applying for, or utilising, public services is not required to provide identity and life event records that the Registrar-General holds:

(b)

confirm that specified types of driver licence holders and transport service licence holders are entitled to work in New Zealand:

(c)

update the records of an individual upon their death:

(d)

update the records of an individual upon a name change:

(e)

update the records of an individual upon their marriage or civil union:

(f)

contact individuals who may wish to receive a new driver licence or transport service licence in a different name:

(g)

contact individuals who may wish to have their driver licence details or transport service licence details marked as confidential:

(h)

provide additional protection to information provided by the Registrar-General where the individual concerned has an active non-disclosure direction under the BDMRR Act:

(i)

enable the prevention, detection, investigation, and prosecution of offences, and the conduct of civil proceedings, including judicial review.

4 Adverse actions

NZTA can reasonably be expected to potentially take any of the following adverse actions based on the information received from another party:

(a)

decline to provide requested public services:

(b)

cancel the driver licence(s) or transport service licence(s) of a deceased individual:

(c)

update the known names associated with an individual:

(d)

engage in the collection of debt owed to the Crown:

(e)

investigate any matter that may constitute an offence under any legislation it administers and prosecute the offence or report any suspected offence to the New Zealand Police:

(f)

engage in civil proceedings.

Schedule 4 MSD

cls 8, 9

1 Personal information that may be shared under agreement

MSD may share the personal information about an individual specified in columns 2 and 3 of the table with any party that is permitted by column 4 of the table and the schedule for the party to use the information.

Column 1Column 2Column 3Column 4
ItemInformationDescriptionUses
1Identifying informationInformation to identify the individual, including current name, previous names, date of birth, place of birth, partner specific customer identifier

Schedule 1, clause 5, use a

Schedule 2, clause 4, use a

2Current debtInformation relating to current debt to the Crown

Schedule 1, clause 5, uses b and d

3Debt historyInformation relating to historic debt to the Crown

Schedule 1, clause 5, uses b and d

4Parents’ or caregivers’ contact detailsInformation to contact the parents or caregivers of an individual including name, address, phone numbers and email address

Schedule 2, clause 4, uses b and d

5StatusConfirmation individual known to MSD

Schedule 1, clause 5, uses c and d

Schedule 2, clause 4, uses c and d

2 How MSD may use personal information provided by DIA

The personal information received by MSD from DIA may be used to—

(a)

ensure that an individual applying for or utilising MSD services is not required to provide identity and life event records that DIA holds:

(b)

enable the prevention, detection, investigation, and prosecution of offences, and the conduct of civil proceedings, including judicial review.

3 How MSD may use personal information provided by the Registrar-General

The personal information received by MSD from the Registrar-General may be used to—

(a)

ensure that an individual applying for or utilising MSD services is not required to provide identity and life event records that the Registrar-General holds:

(b)

update the records of an individual or persons associated with the individual upon an individual’s death:

(c)

update the records of an individual upon a name change:

(d)

update the records of an individual upon their marriage or civil union:

(e)

assess or reassess the eligibility for and entitlement to benefits, allowances and services on the marriage or civil union of an individual:

(f)

assess or reassess the eligibility for and entitlement to benefits, allowances and services on the death of an individual or a person associated with the individual:

(g)

assess or reassess the eligibility for and entitlement to benefits, allowances and services on the birth of a child:

(h)

provide additional protection to information provided by the Registrar-General where the individual concerned has an active non-disclosure direction under the BDMRR Act:

(i)

enable the prevention, detection, investigation, and prosecution of offences, and the conduct of civil proceedings, including judicial review.

4 Adverse actions

MSD can reasonably be expected to potentially take any of the following adverse actions based on the information received from another party:

(a)

decline to provide requested public services:

(b)

suspend payment of benefits to deceased individuals:

(c)

update the known names associated with an individual:

(d)

decline to grant a benefit or allowance applied for:

(e)

reassess an individual’s eligibility for and entitlement to benefits and allowances:

(f)

investigate any matter that may constitute an offence under any legislation it administers and prosecute the offence or report any suspected offence to the New Zealand Police:

(g)

engage in civil proceedings.

Schedule 5 MBIE

cls 8, 9

1 Personal information that may be shared under agreement

MBIE may share the personal information about an individual specified in columns 2 and 3 of the table with any party that is permitted by column 4 of the table and the schedule for the party to use the information.

Column 1Column 2Column 3Column 4
ItemInformationDescriptionUses
1Identifying informationInformation to identify the individual, including current name, previous names, date of birth, place of birth, partner specific customer identifier

Schedule 1, clause 6, use a

Schedule 2, clause 5, use a

2Current visa informationInformation relating to any current application(s) by the individual for a visa

Schedule 1, clause 6, uses b, c, d, e, f, g, h, i, and j

Schedule 2, clause 5, uses b, c, e, and f

3Historic visa informationInformation relating to any historic application(s) by the individual for a visa

Schedule 1, clause 6, uses b, d, e, g, h, and i

4OffencesDetails of known or suspected offending relevant to consideration of an individual’s liability for deportation

Schedule 1, clause 6, uses d, g, h, and i

5English proficiencyInformation relating to the individual’s English language proficiency

Schedule 1, clause 6, uses b, d, and g

6Additional information notificationA notification from MBIE that more information exists in relation to an individual’s character that is potentially relevant to a good character test

Schedule 1, clause 6, uses d, g, h, and i

7Assessment of characterAn individual’s general history relevant to an assessment of the individual’s character

Schedule 1, clause 6, uses d, g, h, and i

8Travel movementsTravel movements of an individual

Schedule 1, clause 6, uses b, d, e, and g

Schedule 2, clause 5, uses b and f

9Overseas birth informationInformation relating to the birth of an individual outside New Zealand

Schedule 1, clause 6, uses b and g

Schedule 2, clause 5, use f

10Overseas marriage and civil union informationInformation relating to the individual’s marriage or civil union outside New Zealand or the dissolution of the individual’s marriage or civil union outside New Zealand

Schedule 1, clause 6, uses b and g

Schedule 2, clause 5, use f

11Overseas citizenship informationInformation relating to an individual’s citizenship history and current status excluding New Zealand citizenship information

Schedule 1, clause 6, uses b and g

Schedule 2, clause 5, use f

12Overseas passport and certificate of identity informationInformation relating to an individual’s passport or certificate of identity excluding New Zealand Passport Information

Schedule 1, clause 6, uses b, g, h, i, and j

Schedule 2, clause 5, use f

13Overseas police reportsInformation contained within police reports issued outside New Zealand

Schedule 1, clause 6, uses b, d and g

Schedule 2, clause 5, use f

14Overseas death informationInformation relating to the death of an individual outside New Zealand

Schedule 1, clause 6, uses b, g, h, and i

Schedule 2, clause 5, use f

15Parents’ or caregivers’ contact detailsInformation to contact the parents or caregivers of an individual including name, address, phone numbers and email address

Schedule 2, clause 5, uses d and f

2 How MBIE may use personal information provided by DIA

The personal information received by MBIE from DIA may be used to—

(a)

ensure that an individual applying for or utilising MBIE services is not required to provide identity and life event records that DIA holds:

(b)

update an individual’s Immigration New Zealand records:

(c)

update new passport information for New Zealand citizens to ensure identities are accurately maintained:

(d)

enable the prevention, detection, investigation, and prosecution of offences, and the conduct of civil proceedings, including judicial review:

(e)

identify an individual applying for an electronic identity credential.

3 How MBIE may use personal information provided by the Registrar-General

The personal information received by MBIE from the Registrar-General may be used to—

(a)

ensure that an individual applying for or utilising MBIE services is not required to provide identity and life event records that the Registrar-General holds:

(b)

update the records of an individual or persons associated with the individual upon an individual’s death:

(c)

update the records of an individual upon a name change:

(d)

update the records of an individual or persons associated with the individual upon a marriage or civil union:

(e)

cease enforcement actions against deceased individuals or persons associated with the individual:

(f)

provide additional protection to information provided by the Registrar-General where the individual concerned has an active non-disclosure direction under the BDMRR Act:

(g)

enable the prevention, detection, investigation, and prosecution of offences, and the conduct of civil proceedings, including judicial review.

4 Adverse actions

MBIE can reasonably be expected to potentially take any of the following adverse actions based on the information received from another party:

(a)

decline to provide requested public services:

(b)

cancel the visa of deceased visa holders:

(c)

cancel the visa of associated persons of a deceased visa holder:

(d)

update the known names associated with a visa holder or associated person(s):

(e)

commence deportation activities:

(f)

investigate any matter that may constitute an offence under any legislation it administers and prosecute any immigration related offence or report any suspected offence to the New Zealand Police:

(g)

engage in civil proceedings.

Schedule 6 MoE

cls 8, 9

1 Personal information that may be shared under agreement

MoE may share the personal information about an individual specified in columns 2 and 3 of the table with any party that is permitted by column 4 of the table and the schedule for the party to use the information.

Column 1Column 2Column 3Column 4
ItemInformationDescriptionUses
1Identifying informationInformation to identify the individual, including current name, previous names, date of birth, place of birth, partner specific customer identifier

Schedule 1, clause 7, use a

Schedule 2, clause 6, use a

2StatusConfirmation individual known to MoE

Schedule 1, clause 7, uses b and c

Schedule 2, clause 6, uses b, and c

2 How MoE may use personal information provided by DIA

The personal information received by MoE from DIA may be used to—

(a)

ensure that an individual applying, directly or indirectly, for, or utilising, education services is not required to provide identity and life event records that DIA holds:

(b)

assess or reassess an individual’s eligibility for and entitlement to education services:

(c)

assist in the location of children not enrolled in school, their parents or their caregivers:

(d)

enable MoE to pro-actively contact parents or caregivers of children to provide assistance and information to help get children enrolled in education services:

(e)

enable the prevention, detection, investigation, and prosecution of offences, and the conduct of civil proceedings, including judicial review.

3 How MoE may use personal information provided by the Registrar-General

The personal information received by MoE from the Registrar-General may be used to—

(a)

ensure that an individual applying, directly or indirectly, for, or utilising, education services is not required to provide identity and life event records that the Registrar-General holds:

(b)

assess or reassess an individual’s eligibility for and entitlement to education services:

(c)

assist in the location of children not enrolled in school, their parents, or their caregivers:

(d)

enable MoE to pro-actively contact parents or caregivers of children to provide assistance and information to help get children enrolled in education services:

(e)

provide additional protection to information provided by the Registrar-General where the individual concerned has an active non-disclosure direction under the BDMRRA:

(f)

update the records of an individual upon their death:

(g)

update the records of an individual upon a name change:

(h)

update the records of an individual upon their marriage or civil union:

(i)

enable the prevention, detection, investigation, and prosecution of offences, and the conduct of civil proceedings, including judicial review.

4 Adverse actions

MoE can reasonably be expected to potentially take any of the following adverse actions based on the information received from another party:

(a)

decline to fund a student’s education in certain circumstances:

(b)

investigate any matter that may constitute an offence under any legislation it administers and prosecute the offence or report any suspected offence to the New Zealand Police:

(c)

engage in civil proceedings.

Schedule 7 ACC

cls 8, 9

1 Personal information that may be shared under agreement

ACC may share the personal information about an individual specified in columns 2 and 3 of the table with any party that is permitted by column 4 of the table and the schedule for the party to use the information.

Column 1Column 2Column 3Column 4
ItemInformationDescriptionUses
1Identifying informationInformation to identify the individual, including current name, previous names, date of birth, place of birth, partner specific customer identifier

Schedule 1, clause 8, use a

Schedule 2 clause 7

2Current debtInformation relating to current debt to ACC

Schedule 1, clause 8, uses b and c

3Debt historyInformation relating to historic debt to ACC

Schedule 1, clause 8, uses b and c

2 How ACC may use personal information provided by DIA

The personal information received by ACC from DIA may be used to—

(a)

ensure that an individual applying for or utilising ACC services is not required to provide identity and life event records that DIA holds:

(b)

enable the prevention, detection, investigation, and prosecution of offences, and the conduct of civil proceedings, including judicial review.

3 How ACC may use personal information provided by the Registrar-General

The personal information received by ACC from the Registrar-General may be used to—

(a)

ensure that an individual applying for or utilising ACC services is not required to provide identity and life event records that the Registrar-General holds:

(b)

update the records of an individual upon their death:

(c)

update the records of an individual upon a name change:

(d)

assess or reassess the eligibility for and entitlement to public services on the marriage or civil union of an individual:

(e)

provide additional protection to information provided by the Registrar-General where the individual concerned has an active non-disclosure direction under the BDMRR Act:

(f)

enable the prevention, detection, investigation, and prosecution of offences, and the conduct of civil proceedings, including judicial review.

4 Adverse actions

ACC can reasonably be expected to potentially take any of the following adverse actions based on the information received from another party:

(a)

decline to provide requested public services:

(b)

cease to pay deceased individuals:

(c)

update the known names associated with an individual:

(d)

reassess an individual’s eligibility for and entitlement to public services:

(e)

investigate any matter that may constitute an offence under any legislation it administers and prosecute the offence or report any suspected offence to the New Zealand Police:

(f)

engage in civil proceedings.

Schedule 8 Registrar of Motor Vehicles

cls 8, 9

1 Personal information that may be shared under agreement

The Registrar of Motor Vehicles may share the personal information about an individual specified in columns 2 and 3 of the table with any party that is permitted by column 4 of the table and the schedule for the party to use the information.

Column 1Column 2Column 3Column 4
ItemInformationDescriptionUses
1Identifying informationInformation to identify the individual, including current name, previous names, date of birth, place of birth, partner specific customer identifier (excluding any information marked as confidential in accordance with section 239 of the LTA)

Schedule 1, clause 9, use a

Schedule 2 clause 8

2Current debtInformation relating to current debt to the Crown (excluding any information marked as confidential in accordance with section 239 of the LTA)

Schedule 1, clause 9, uses b and c

3Debt historyInformation relating to historic debt to the Crown (excluding any information marked as confidential in accordance with section 239 of the LTA)

Schedule 1, clause 9, uses b and c

2 How the Registrar of Motor Vehicles may use personal information provided by DIA

The personal information received by the Registrar of Motor Vehicles from DIA may be used to—

(a)

ensure that an individual applying for, or utilising, public services is not required to provide identity and life event records that DIA holds:

(b)

assist in the location of individuals:

(c)

enable the prevention, detection, investigation, and prosecution of offences, and the conduct of civil proceedings, including judicial review.

3 How the Registrar of Motor Vehicles may use personal information provided by the Registrar-General

The personal information received by the Registrar of Motor Vehicles from the Registrar-General may be used to—

(a)

ensure that an individual applying for, or utilising, public services is not required to provide identity and life event records that the Registrar-General holds:

(b)

update the records of an individual upon their death:

(c)

update the records of an individual upon a name change:

(d)

update the records of an individual upon their marriage or civil union:

(e)

contact individuals who may wish to register their vehicle in a different name:

(f)

contact individuals who may wish to have their personal information marked as confidential:

(g)

provide additional protection to information provided by the Registrar-General where the individual concerned has an active non-disclosure direction under the BDMRR Act:

(h)

enable the prevention, detection, investigation, and prosecution of offences, and the conduct of civil proceedings, including judicial review.

4 Adverse actions

The Registrar of Motor Vehicles can reasonably be expected to potentially take any of the following adverse actions based on the information received from another party:

(a)

decline to provide requested public services:

(b)

cancel the registration of a motor vehicle:

(c)

update the known names associated with an individual:

(d)

engage in the collection of debt to the Crown:

(e)

investigate any matter that may constitute an offence under any legislation it administers and prosecute the offence or report any suspected offence to the New Zealand Police:

(f)

engage in civil proceedings.

Schedule 9 RUC collector

cls 8, 9

1 Personal information that may be shared under agreement

The RUC collector may share the personal information about an individual specified in columns 2 and 3 of the table with any party that is permitted by column 4 of the table and the schedule for the party to use the information.

Column 1Column 2Column 3Column 4
ItemInformationDescriptionUses
1Identifying informationInformation to identify the individual, including current name, previous names, date of birth, place of birth, partner specific customer identifier

Schedule 1, clause 10, use a

Schedule 2 clause 9

2Current debtInformation relating to current debt to the Crown

Schedule 1, clause 10, uses b and c

3Debt historyInformation relating to historic debt to the Crown

Schedule 1, clause 10, uses b and c

2 How the RUC collector may use personal information provided by DIA

The personal information received by the RUC collector from DIA may be used to—

(a)

ensure that an individual applying for, or utilising, public services is not required to provide identity and life event records that DIA holds:

(b)

assist in the location of individuals:

(c)

enable the prevention, detection, investigation, and prosecution of offences, and the conduct of civil proceedings, including judicial review.

3 How the RUC collector may use personal information provided by the Registrar-General

The personal information received by the RUC collector from the Registrar-General may be used to—

(a)

ensure that an individual applying for, or utilising, public services is not required to provide identity and life event records that the Registrar-General holds:

(b)

update the records of an individual upon their death:

(c)

update the records of an individual upon a name change:

(d)

update the records of an individual upon their marriage or civil union:

(e)

contact individuals who may wish to update the name on their account to a different name:

(f)

provide additional protection to information provided by the Registrar-General where the individual concerned has an active non-disclosure direction under the BDMRR Act:

(g)

enable the prevention, detection, investigation, and prosecution of offences, and the conduct of civil proceedings, including judicial review.

4 Adverse actions

The RUC collector can reasonably be expected to potentially take any of the following adverse actions based on the information received from another party:

(a)

decline to provide requested public services:

(b)

update the known names associated with an individual:

(c)

engage in the collection of debt to the Crown:

(d)

investigate any matter that may constitute an offence under any legislation it administers and prosecute the offence or report any suspected offence to the New Zealand Police:

(e)

engage in civil proceedings.

Schedule 10 Amendment to Schedule 2A of Privacy Act 1993

cl 16

Name of agreementPublic service(s) to be facilitated by agreementInternet address where copy of agreement can be accessedLead agency for agreementDescription of personal information or type of personal information to be shared under agreement
Information Sharing Agreement facilitating customer nominated services made on 4 May 2020
(a)

the accurate and efficient assessment of eligibility for and entitlement to receive public services that an individual applies for or decides to utilise:

(b)

the accurate and efficient delivery of public services that an individual applies for or decides to utilise:

(c)

the prevention, detection, investigation, and prosecution of offences, and the conduct of civil proceedings, including judicial review.

https://www.dia.govt.nzDepartment of Internal Affairs
(a)

Identifying information:

(b)

Citizenship information:

(c)

New Zealand passport information:

(d)

New Zealand certificate of identity information:

(e)

New Zealand refugee travel document information:

(f)

electronic identity credential application information:

(g)

Birth information:

(h)

Pre-sexual assignment or reassignment:

(i)

Death information:

(j)

Marriage information:

(k)

Civil union information:

(l)

Name change information:

(m)

Name change lodgements:

(n)

Overseas death information:

(o)

Overseas name change information:

(p)

Overseas marriage and civil union information:

(q)

Non-disclosure directions information:

(r)

Driver licence information:

(s)

Driver licence images:

(t)

Demerit points:

(u)

Information relating to current debt to the Crown held by NZTA, MoE, MSD, Registrar of Motor Vehicles, and RUC collector:

(v)

Information relating to historic debt to the Crown held by NZTA, MoE, MSD, Registrar of Motor Vehicles, and RUC collector:

(w)

Information relating to current debt to the ACC:

(x)

Information relating to historic debt to the ACC:

(y)

Parents’ or caregivers’ contact details

(z)

Confirmation individual known to MSD:

(aa)

Current visa information:

(ab)

Historic visa information:

(ac)

Details of known or suspected offending relevant to consideration of an individual’s liability for deportation:

(ad)

English proficiency:

(ae)

A notification from MBIE that more information exists in relation to an individual’s character that is potentially relevant to a good character test:

(af)

Assessment of character:

(ag)

Travel movements:

(ah)

Overseas birth information:

(ai)

Overseas citizenship information:

(aj)

Overseas passport and certificate of identity information:

(ak)

Information in overseas police reports held by MBIE:

(al)

Confirmation individual known to MoE:

Michael Webster,
Clerk of the Executive Council.

Explanatory note

This note is not part of the order, but is intended to indicate its general effect.

This order, which comes into force on 25 July 2020, approves an information sharing agreement entered into under the Privacy Act 1993 (the Act) between the following:

  • The Accident Compensation Corporation:

  • the Department of Internal Affairs:

  • the Ministry of Business, Innovation and Employment:

  • the Ministry of Education:

  • the Ministry of Social Development:

  • the New Zealand Transport Agency:

  • the Registrar of Motor Vehicles:

  • the Registrar-General of Births, Deaths, and Marriages:

  • the Road User Charges Collector.

Under the agreement, a party can share with another party, and the Department of Internal Affairs may share within the Department of Internal Affairs, the personal information they hold as set out in Schedules 1 to 9. The effect of Schedules 1 to 9 is that personal information may be shared under the agreement only where the Department of Internal Affairs or the Registrar-General is either the providing or receiving party.

The sharing of this information between the parties is intended to facilitate—

  • the accurate and efficient assessment of eligibility for and entitlement to receive public services that an individual applies for or decides to utilise; and

  • the accurate and efficient delivery of public services that an individual applies for or decides to utilise; and

  • the prevention, detection, investigation, and prosecution of offences, and the conduct of civil proceedings, including judicial review.

The purposes for which the personal information may be shared (see clause 6) include notifying an individual of public services they may be eligible to access and ensuring that an individual is not required to provide certain records that the Department of Internal Affairs or the Registrar-General already holds when applying for, or utilising, public services. Other purposes are to ensure eligibility and entitlement requirements are met when an individual is applying for or receiving public services and to enable the prevention, detection, investigation, and prosecution of offences, and the conduct of civil proceedings.

The agreement replaces a number of existing information matching agreements and memoranda of understanding. Some of the purposes for which information may be used under the agreement are new or differ from those in the agreements being replaced. For example, the prevention, detection, investigation, and prosecution of offences, and the conduct of civil proceedings is a new purpose for which the information may be shared.

Various types of information shared under the agreement may be subject to other specific requirements relating to privacy. For example,—

  • the access and use of photographic images of driver licence holders stored under the Land Transport Act 1998 is subject to the restricted information sharing provision in section 200(2) of that Act. Section 200(2) provides for a person acting in the course of their official duties as an employee of the Department of Internal Affairs to access or use photographic images of driver licence holders to verify the identity of a particular individual. The agreement duplicates that restricted information sharing provision (as long as the office of the Registrar-General continues to be within the Department of Internal Affairs):

  • section 26A of the Citizenship Act 1977 is an information matching provision. The agreement extends the information sharing included in section 26A (and Schedule 4 of the Citizenship Act 1977) under the authority provided by section 96B(3)(d)(i) of the Privacy Act 1993:

  • Part 9 of the Births, Deaths, Marriages, and Relationships Registration Act 1995 imposes requirements relating to information that is subject to a non-disclosure direction under that Act, and the agreement does not affect those.

This order inserts into Schedule 2A of the Act information regarding the agreement that is required to be inserted under section 96L of the Act.

Regulatory impact assessment

The Department of Internal Affairs produced a regulatory impact assessment on 5 September 2019 to help inform the decisions taken by the Government relating to the contents of this instrument.

Issued under the authority of the Legislation Act 2012.

Date of notification in Gazette: 25 June 2020.

This order is administered by the Department of Internal Affairs.