Supplementary Order Paper No 174

  • superseded on 19 February 2013

No 174

House of Representatives

Supplementary Order Paper

Wednesday, 13 February 2013

Privacy (Information Sharing) Bill


Proposed amendments

Hon Judith Collins, in Committee, to move the following amendments:

Clause 8: new section 96C

In clause 8, after new section 96C(2) (after line 21 on page 8), insert:

  • (3) No approved information sharing agreement can be inconsistent with an enactment that—

    • (a) authorises or requires sharing of information; and

    • (b) is an enactment in, or made under, an Act other than this Act; and

    • (c) is not an information matching provision (as defined in section 97).

  • (4) An information sharing agreement is inconsistent with the enactment (referred to in subsection (3)(b)) in, or made under, the other Act if without express statutory authorisation the agreement provides for either or both of the following:

    • (a) the sharing of the same information with an agency not specified in the enactment:

    • (b) the sharing of the same information for a purpose other than any purpose specified in the enactment.

  • (5) An information sharing agreement is not inconsistent with the enactment (referred to in subsection (3)(b)) in, or made under, the other Act just because—

    • (a) the process for enabling the sharing of the information under the agreement is different from the process in the enactment enabling the sharing of the information; or

    • (b) the agreement specifies different privacy safeguards to any safeguards specified in the enactment.

  • (6) Subsection (4) does not limit subsection (3).

Clause 8: new section 96D

In clause 8, new section 96D, replace the definition of department (lines 32 and 33 on page 8) with:

department has the meaning given to it by section 2(1) and also includes—

  • (a) the New Zealand Police:

  • (b) the New Zealand Transport Agency

Clause 8: new section 96D

In clause 8, new section 96D, replace the definition of public service (lines 23 to 25 on page 9) with:

public service means a public function or duty that is conferred or imposed on a public sector agency—

  • (a) by or under law; or

  • (b) by a policy of the Government

Clause 8: new section 96Y

In clause 8, new section 96Y(1)(a)(iii), delete or variations (line 12 on page 27).

New clause 9A

After clause 9 (after line 32 on page 27), insert:

9A New sections 129A and 129B inserted
  • The following sections are inserted after section 129:

    129A Amendments relating to Legislation Act 2012
    • Section 129B takes effect on the repeal of the Acts and Regulations Publication Act 1989 and the Regulations (Disallowance) Act 1989.

    129B New section 96J substituted
    • Section 96J is repealed and the following section substituted:

      “‘96J Application of Legislation Act 2012
      • An Order in Council—

        • “‘(a) is a legislative instrument for the purposes of the Legislation Act 2012; and

        • “‘(b) is a disallowable instrument for the purposes of the Legislation Act 2012; and

        • “‘(c) must be presented to the House of Representatives under section 41 of that Act.

New Part 3

After Part 2 (after line 14 on page 28), insert:

Part 3
Amendments to Births, Deaths, Marriages, and Relationships Registration Act 1995

13 Principal Act amended
  • This Part amends the Births, Deaths, Marriages, and Relationships Registration Act 1995.

14 Disclosure of birth information, death information, marriage information, civil union information, and name change information to certain specified agencies for certain purposes
  • Section 78A(4) is amended by inserting under this section after chief executive.

15 New section 78AA inserted
  • The following section is inserted after section 78A:

    78AA Disclosure of birth information, death information, marriage information, civil union information, and name change information under approved information sharing agreement
    • (1) The Registrar-General may share the following personal information about an identifiable individual under an approved information sharing agreement:

      • (a) birth information:

      • (b) death information:

      • (c) marriage information:

      • (d) civil union information:

      • (e) name change information.

      (2) This section does not limit section 74.

      (3) This section and section 78A do not limit each other, and section 78A does not prevent the Registrar-General from entering into an information sharing agreement with any agency to share information of the kind specified in subsection (1).

      (4) Subsection (1) applies whether or not a non-disclosure direction is in force in respect of any or all of the personal information about an identifiable individual referred to in that subsection.

      (5) In this section,—

      approved information sharing agreement and information sharing agreement have the meanings given to them by section 96D of the Privacy Act 1993

      non-disclosure direction means a direction made by the Registrar-General on a request under section 75A(2)(b) that a person's birth information, marriage information, civil union information, or name change information not be disclosed to the public.


Explanatory note

This Supplementary Order Paper amends clause 8 to—

  • clarify that an agency may not enter into an information sharing agreement under new Part 9A of the Privacy Act 1993 if the sharing of information under that agreement would be inconsistent with the sharing of information authorised or required under an enactment in, or made under, any other Act (not being an information matching provision). For example, an agency that is authorised or required by a statutory provision (not listed as an information matching provision in Schedule 3 of the Privacy Act 1993) to disclose personal information to 1 or more specified agencies for 1 or more specified purposes cannot enter into an information sharing agreement to disclose that information to other agencies, to disclose that information for other purposes, or to disclose that information to other agencies for other purposes:

  • include the New Zealand Transport Agency (NZTA) as a department for the purposes of new Part 9A so as to enable—

    • NZTA to be a lead agency for an information sharing agreement:

    • the sharing of personal information within NZTA under an approved information sharing agreement:

  • clarify that information sharing agreements may be entered into to facilitate the provision of a public service set out in a Government policy:

  • correct a drafting error in new section 96Y.

This Supplementary Order Paper also inserts—

  • a new clause 9A with 2 new provisions that are consequential on the passage of the Legislation Act 2012. When the provisions in that Act repealing the Acts and Regulations Publication Act 1989 and the Regulations (Disallowance) Act 1989 come into force, new section 129A brings into effect new section 129B:

  • a new Part 3, which amends the Births, Deaths, Marriages, and Relationships Registration Act 1995 to expressly provide that the statutory regime in that Act for the disclosure of birth information, death information, marriage information, civil union information, and name change information does not prevent the Registrar-General from sharing that information with agencies under an approved information sharing agreement.