Wanganui Computer Centre Amendment Act 1989
Wanganui Computer Centre Amendment Act 1989
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Wanganui Computer Centre Amendment Act 1989
Wanganui Computer Centre Amendment Act 1989
Public Act |
1989 No 5 |
|
Date of assent |
17 March 1989 |
|
Contents
An Act to amend the Wanganui Computer Centre Act 1976
BE IT ENACTED by the Parliament of New Zealand as follows:
1 Short Title
This Act may be cited as the Wanganui Computer Centre Amendment Act 1989, and shall be read together with and deemed part of the Wanganui Computer Centre Act 1976 (hereinafter referred to as the principal Act).
2 Interpretation
The principal Act is hereby amended by repealing section 2, and substituting the following section:
“2
In this Act, unless the context otherwise requires,—
“‘Access’, in relation to the computer system, means the placing of information on that system and the retrieval of information from that system:
“‘Audit’, in relation to the computer system and the remote terminals, means the periodic examination of—
“(a)
The system; and
“(b)
The remote terminals; and
“(c)
The operating and control procedures of the system and the remote terminals:
“‘Commissioner’ means the Wanganui Computer Centre Privacy Commissioner appointed under section 5 of this Act:
“‘Computer Centre’ or ‘Wanganui Computer Centre’ means the Wanganui Computer Centre continued by section 3(1) of this Act:
“‘Computer installation’ means any computer that is capable of entering, processing, and retrieving information; but does not include—
“(a)
The computer system used in connection with the Computer Centre; or
“(b)
Any remote terminal:
“‘Computer system’ means the computer system continued by section 3(1) of this Act:
“‘Law enforcement information’ means any information stored on the computer system that—
“(a)
Is about an identifiable person; and
“(b)
Is specified in the Schedule to this Act:
“‘Management Committee’ means the Management Committee established under section 23 of this Act:
“‘Minister’ means the Minister of State Services:
“‘Policy Committee’ means the Wanganui Computer Centre Policy Committee established under section 19 of this Act:
“‘Remote terminal’ means any computer or device used to access the computer system:
“‘User Departments’ means the Police (including civilian staff), the Department of Justice, and the Ministry of Transport; and includes local authorities authorised under section 4e of this Act to usethe computer system.”
3 New sections substituted
The principal Act is hereby amended by repealing section 3, section 3a (as inserted by section 3 of the Wanganui Computer Centre Amendment Act 1980), and section 4, and substituting the following sections:
“3 Establishment of Wanganui Computer Centre and computer system
“(1)
There shall continue to be a Computer Centre to be known as the Wanganui Computer Centre, and a computer system shall continue to be established in connection with the Computer Centre.
“(2)
The computer system shall consist of the central mainframe computers and associated memory devices at Wanganui, which are used for the storage, processing, and retrieval of information in accordance with section 4 of this Act; but shall not include—
“(a)
The remote terminals and communication devices; or
“(b)
Any other computer installation to which subsection (3) of this section relates; or
“(c)
Any information stored on either the system or its associated data base.
“(3)
The organisation for the time being responsible for the management of the Computer Centre may—
“(a)
Locate in the same premises as the computer system any other computer installation; and
“(b)
Subject to any conditions imposed in any case by the Policy Committee in consultation with the Commissioner, link any such computer installation to the computer system.
“3a Management of Computer Centre
“(1)
The Minister shall be responsible for the Wanganui Computer Centre and the computer system established in connection with the Wanganui Computer Centre.
“(2)
The Minister shall from time to time enter into such agreements or arrangements, with such organisation or organisations, as the Minister considers reasonably necessary to ensure that—
“(a)
The Computer Centre is properly managed; and
“(b)
The necessary services to the User Departments are available from the Computer Centre.
“(3)
Every agreement and arrangement entered into by the Minister under subsection (2) of this section shall be subject to the following conditions:
“(a)
The Crown shall own—
“(i)
All applications programmes used in connection with the storage or processing of law enforcement information on the computer system or the retrieval of such information from the system; and
“(ii)
All data bases associated with law enforcement information stored on the computer system; and
“(iii)
All law enforcement information, while it is stored on the computer system:
“(b)
The Minister may from time to time direct any organisation that is a party to an agreement or arrangement entered into under subsection (2) of this section to take such action in respect of the Computer Centre as the Minister considers appropriate; and that organisation shall forthwith comply with any such direction:
“(c)
The parties to any agreement or arrangement entered into under subsection (2) of this section shall at all times while that agreement or arrangement is in force observe the provisions of this Act.
“(4)
The conditions specified in subsection (3) of this section shall be deemed to be included in every such agreement and arrangement.
“4 Use of computer system
“(1)
The computer system shall be used solely for—
“(a)
The storage, processing, and retrieval of—
“(i)
Any information (including law enforcement information) specified in the Schedule to this Act; and
“(ii)
Any information (including law enforcement information) specified in an Order in Council made under section 30 of this Act; and
“(iii)
Any other information (not being law enforcement information); and
“(b)
The supply of information under subsections (2) and (5) of section 27 of this Act; and
“(c)
The training of operators and users of the computer system; and
“(d)
The detection of any possible misuse of the computer system; and
“(e)
The performance by the Commissioner of functions imposed on the Commissioner by this Act; and
“(f)
The demonstration, for marketing purposes, of systems developed for use in connection with the computer system; and
“(g)
The management of the computer system.
“(2)
Notwithstanding subsection (1) of this section, any User Department, and the organisation for the time being responsible for the management of the Computer Centre, may use the computer system for the storage, processing, and retrieval of any fictitious information for all or any of the purposes specified in paragraphs (c), (d), (f), and (g) of subsection (1) of this section.
“(3)
Subject to sections 4b and 4d of this Act, the Police (including civilian staff), the Department of Justice, and the Ministry of Transport may use the computer system for the storage, processing, and retrieval of any information.
“(4)
The chief executive of each User Department shall, at regular 6-monthly intervals, furnish the Policy Committee with a report specifying the categories of information, other than law enforcement information, that are being stored on the computer system by that Department.
“(5)
The Policy Committee may from time to time recommend to the Minister that any category or categories of information should be included in the Schedule to this Act.
“(6)
Notwithstanding any other provision of this Act, the organisation for the time being responsible for the management of the Computer Centre may—
“(a)
For the purposes of maintaining or upgrading the services provided in connection with the computer system—
“(i)
Replace any hardware or component; and
“(ii)
Add to the computer system any hardware or component; and
“(iii)
Withdraw from service any part of the computer system (including any hardware, software, remote terminal, or other component, or any storage media); and
“(iv)
Use on a temporary basis in connection with the computer system as many communication connections and electronic linkages as it may reasonably require; and
“(b)
Subject to any conditions imposed in any case by the Policy Committee for the purpose of safeguarding the privacy of the individual, use the computer system to demonstrate to any person any system developed by that organisation.
“(7)
Any hardware or component that is installed in or added to the computer system under paragraph (a)(i) or paragraph (a)(ii) of subsection (6) of this section shall become part of the computer system, and any part of the computer system that is withdrawn under paragraph (a)(iii) of subsection (6) of this section shall cease to be part of the computer system.
“(8)
Where any data base that contains law enforcement information is withdrawn from service under subsection (6)(a)(iii) of this section, that data base shall be either destroyed, or retained on such conditions as the Policy Committee may specify.
“4a Use of remote terminals
“(1)
Subject to subsections (2) to (4) of this section and sections 4b and 4d of this Act, each User Department may use remote terminals and the communication devices for any purposes (including the storage, processing, and retrieval of information specified in the Schedule to this Act).
“(2)
For the purpose of safeguarding the privacy of the individual in relation to law enforcement information, the Policy Committee shall from time to time issue directions governing—
“(a)
The placement of temporary remote terminals and permanent remote terminals; and
“(b)
The use of remote terminals by User Departments to access law enforcement information.
“(3)
The chief executive of each User Department shall ensure that such directions are complied with by that person’s Department.
“(4)
The chief executive of each User Department shall—
“(a)
Determine the placement of remote terminals to be used by that person’s Department; and
“(b)
Forthwith after the placement by that Department of a remote terminal, furnish the Policy Committee with a certificate in relation to that Department’s compliance, in that case, with any such directions relating to the placement of remote terminals.
“4b Restrictions on storage and retrieval of law enforcement information
“(1)
Law enforcement information stored on the computer system may be retrieved only—
“(a)
By the User Department that stored the information on the computer system; and
“(b)
By any User Department that has access to the information by virtue of the provisions of the Schedule to this Act or of an Order in Council made under section 30 ofthis Act; and
“(c)
By the organisation for the time being responsible for the management of the Computer Centre, if the information is reasonably required to enable the organisation to carry out its functions in relation to the Computer Centre (including the detection of any possible misuse of the computer system); and
“(d)
By the Commissioner, if the information is reasonably required to enable the Commissioner to carry out the functions imposed on the Commissioner by this Act.
“(2)
The Policy Committee shall, after consultation with—
“(a)
The User Departments; and
“(b)
The organisation for the time being responsible for the management of the Computer Centre; and
“(c)
The Commissioner; and
“(d)
The Management Committee,—
determine from time to time either generally or particularly, the maximum periods for which law enforcement information may be stored on the computer system.
“(3)
Where any law enforcement information is retained on the computer system for the maximum period for which it may be so retained, the User Department that stored that information on the computer system shall ensure that that information is deleted from the computer system forthwith after the expiration of that period.
“4c Storage, processing, and retrieval of information other than law enforcement information
“(1)
Subject to section 4d of this Act,—
“(a)
The Police (including civilian staff), the Department of Justice, and the Ministry of Transport; and
“(b)
The organisation for the time being responsible for the management of the Computer Centre—
shall each have an unrestricted right to use the computer system for the purposes of storage, processing, and retrieval of information other than law enforcement information.
“(2)
Except as otherwise expressly provided in section 27 of this Act, no department or organisation, other than a User Department or the organisation responsible for the management of the Computer Centre, shall have access to any of the communication devices at the Wanganui Computer Centre that are directly associated with the computer system.
“4d Restrictions on retrieval of information other than law enforcement information
Information stored on the computer system, other than law enforcement information, may be retrieved only—
“(a)
By the User Department that stored the information on the computer system; and
“(b)
By any other User Department with the consent of the User Department that stored the information on the computer system; and
“(c)
By the organisation for the time being responsible for the management of the Computer Centre, if the information is reasonably required to enable the organisation to carry out its functions in relation to the Computer Centre (including the detection of any possible misuse of the computer system); and
“(d)
By the Commissioner, if the information is reasonably required to enable the Commissioner to carry out the functions imposed on the Commissioner by this Act.
“4e Local authorities may be authorised to use computer system
“(1)
The Minister may from time to time by notice in the Gazette authorise any local authority to use the computer system for any purposes permitted by this Act, subject to such terms and conditions as the Minister thinksfit.
“(2)
In this section, ‘local authority’ means a local authority or public body named or specified in the First Schedule or the Second Schedule to the Local Government Official Information and Meetings Act 1987.”
4 Functions and powers of Commissioner
The principal Act is hereby amended by repealing section 9, and substituting the following section:
“9
“(1)
The functions of the Commissioner shall be to investigate any complaint lodged by any person under section 15 of this Act, and to inquire of the Commissioner’s own motion into any other matters concerning law enforcement information and relating to the operation of this Act:
“Provided that this subsection shall not restrict section 18 of this Act.
“(2)
The Commissioner may from time to time do all such things as are reasonably necessary to enable the Commissioner to carry out the Commissioner’s functions, including conducting, or causing to be conducted, an inspection and audit of the Computer Centre and the computer system and their operations at any time.
“(3)
Every investigation carried out by the Commissioner shall be conducted in private.
“(4)
For the purposes of subsection (2) of this section, ‘computer system’ includes the remote terminals and the communication devices used in association with the computer system to access law enforcement information.”
5 Superannuation or retiring allowances of Commissioner and staff
The principal Act is hereby amended by inserting, after section 11, the following section:
“11a
There may from time to time be paid sums by way of contributions or subsidies to the National Provident Fund or any Fund or scheme approved by the Governor-General in Council for the purpose of providing superannuation or retiring allowances for the Commissioner and any officer or employee appointed by the Commissioner under this Act.”
6 Evidence
(1)
Section 16a of the principal Act (as inserted by section 3 of the Wanganui Computer Centre Amendment Act 1977) is hereby amended by repealing paragraph (a) of subsection (2), and substituting the following paragraph:
“(a)
Any person who is an officer or employee or member of the organisation for the time being responsible for the management of the Computer Centre or of any User Department and who, in the Commissioner’s opinion, is able to give any information relating to any matter that is being investigated by the Commissioner; or”.
(2)
Section 16a of the principal Act is hereby further amended by omitting from subsection (4) the words “the State Services Act 1962 and”
.
7 Wanganui Computer Centre Policy Committee
(1)
Section 19(2) of the principal Act is hereby amended by repealing paragraph(e) (as substituted by section 3(1) of the Wanganui Computer Centre Amendment Act 1986), and substituting the following paragraph:
“(e)
The chief executive of the organisation for the time being responsible for the management of the Computer Centre:”.
(2)
Section 19(2) of the principal Act (as amended by section 3(2) of the Wanganui Computer Centre Amendment Act 1986) is hereby further amended by adding the following paragraph:
“(j)
The Wanganui Computer Centre Privacy Commissioner.”
(3)
Section 19 of the principal Act is hereby further amended by repealing subsection (3), and substituting the following subsection:
“(3)
In the absence from any meeting of the Policy Committee of the Secretary for Justice, the Commissioner of Police, or the Secretary for Transport, the member who is absent may authorise any other senior employee of that member’s Department to attend in that member’s stead.”
(4)
Section 19 of the principal Act is hereby further amended by repealing subsection (4) (as added by section 3(4) of the Wanganui Computer Centre Amendment Act 1986), and substituting the following subsection:
“(4)
In the absence from any meeting of the Policy Committee of the chief executive of the organisation for the time being responsible for the management of the Computer Centre, that chief executive may authorise any senior officer of that organisation to attend in that chief executive’s stead.”
8 Meetings of Policy Committee
Section 21(2) of the principal Act (as amended by section 3(5) of the Wanganui Computer Centre Amendment Act 1986) is hereby amended by omitting the expression “(h), and (i)”
, and substituting the expression “(h), (i), and (j)”
.
9 Functions and powers of Wanganui Computer Centre Policy Committee
(1)
Section 22 of the principal Act is hereby amended by repealing subsection (1), and substituting the following subsection:
“(1)
The functions of the Policy Committee shall be to determine, in respect of law enforcement information, the policy of the Computer Centre and the computer system relating to the privacy and the protection of the rights of the individual insofar as these are affected by the operation of the Computer Centre and the computer system, and to determine such other matters as it is required to do under this Act.”
(2)
Section 22 of the principal Act is hereby further amended by adding the following subsection:
“(4)
For the purposes of subsection (1) of this section, ‘computer system’ includes the remote terminals and the communication devices used in association with the computer system to access law enforcement information.”
10 Management Committee
(1)
Section 23(2) of the principal Act is hereby amended by repealing paragraph(a) (as substituted by section 4(1) of the Wanganui Computer Centre Amendment Act 1986) and paragraph (b), and substituting the following paragraphs:
“(a)
The chief executive of the organisation for the time being responsible for the management of the Computer Centre:
“(b)
The Secretary for Justice:”.
(2)
Section 23 of the principal Act is hereby further amended by inserting, after subsection (2), the following subsections:
“(2a)
The Management Committee shall elect one of its members to be Chairman, and another of its members to be Deputy Chairman, for such period as the Management Committee decides.
“(2b)
All matters to be determined under subsection (2a) of this section shall be decided by a majority of the votes of all members of the Management Committee.”
(3)
Section 23 of the principal Act is hereby further amended by repealing subsection (3), and substituting the following subsection:
“(3)
In the absence from any meeting of the Management Committee of the Secretaryfor Justice, the Commissioner of Police, or the Secretary for Transport, the member who is absent may authorise any other senior employee of that member’s Department to attend in that member’s stead.”
(4)
Section 23 of the principal Act is hereby further amended by repealing subsection 3a (as inserted by section 4(3) of the Wanganui Computer Centre Amendment Act 1986), and substituting the following subsection:
“(3a)
In the absence from any meeting of the Management Committee of the chief executive of the organisation for the time being responsible for the management of the Computer Centre, that chief executive may authorise any senior officer of that organisation to attend in that chief executive’s stead.”
11 Services for Policy Committee
The principal Act is hereby amended by repealing section 24, and substituting the following section:
“24
The State Services Commission shall provide such secretarial, recording, clerical, and other services as may be necessary to enable the Policy Committee to discharge its functions.”
12 Security of information
Section 26 of the principal Act is hereby amended by repealing subsection (1) (as amended by section 7 of the Wanganui Computer Centre Amendment Act 1980 and section 7 of the Wanganui Computer Centre Amendment Act 1986), and substituting the following subsection:
“(1)
The organisation for the time being responsible for the management of the Computer Centre, and the User Departments, shall take all reasonable precautions to ensure that access to the computer system is not made available to any person who or Department that is not authorised under this Act to have access thereto.”
13 Processing of information
(1)
Section 27 of the principal Act is hereby amended by repealing subsection (1), and substituting the following subsection:
“(1)
Except as provided in subsections (2) and (3) of this section and sections 3(3)(b), 4a, and 27b of this Act, neither the computer system nor any part of it shall form part of any other computer installation for the purposes of the storage, processing, and retrieval of law enforcement information.”
(2)
Section 27(2) of the principal Act is hereby amended by omitting the words “being either information that does not require any information relating to an individual, or information from which all names and addresses of individuals have been deleted”
, and substituting the words “being information other than law enforcement information, or law enforcement information that does not contain any information relating to an individual, or law enforcement information from which all names and addresses of individuals have been deleted”
.
(3)
Section 27(5b) of the principal Act (as inserted by section 8 of the Wanganui Computer Centre Amendment Act 1980) is hereby amended by inserting, after the words “class of cases”
where they first appear, the words “involving law enforcement information”
.
14 Duplicates of tapes and discs
Section 27a of the principal Act (as inserted by section 3 of the Wanganui Computer Centre Amendment Act 1983) is hereby amended by repealing subsection (2), and substituting the following subsection:
“(2)
The power conferred on the organisation for the time being responsible for the management of the Computer Centre by subsection (1) of this section shall be exercised by that organisation in accordance with directions issued by the Policy Committee in consultation with the Commissioner.”
15 Damages
Section 28(1) of the principal Act (as substituted by section 9 of the Wanganui Computer Centre Amendment Act 1980) is hereby amended—
(a)
By inserting in paragraph (a), after the words “by any person”
, the words “who obtained that information”
:
(b)
By inserting in paragraph (b), after the words “by any person”
, the words “who obtained that information”
.
16 Offences
Section 29(2) of the principal Act is hereby amended by repealing paragraphs (d) and (e) (as added by section 5(2) of the Wanganui Computer Centre Amendment Act 1977), and substituting the following paragraphs:
“(d)
Having lawful access to the computer system, knowingly uses or discloses, other than with the authority of the chief executive of the Department in which the person is employed or in the proper discharge of the person’s official duties, any law enforcement information obtained directly from the computer system; or
“(e)
Being in possession of law enforcement information obtained either directly or indirectly from the computer system, fails to comply with any direction given by any officer of the organisation for the time being responsible for the management of the Computer Centre or of any Department having access to the computer system for the return ordisposal of any record of that information and all copies thereof; or
“(f)
Knowing that he or she is not authorised to do so, receives information obtained from the computer system, and uses, discloses, publishes, or otherwise disseminatessuch information.”
17 Orders in Council
The principal Act is hereby amended by repealing section 30, and substituting the following section:
“30
The Governor-General may from time to time, by Order in Council made upon the advice of the Minister given upon the recommendation of the Policy Committee after consultation by that Committee with the Commissioner,—
“(a)
Authorise the use of the computer system by the User Departments, or any of them, for all or any of the following purposes:
“(i)
The storage of any information (including law enforcement information) specified in the Order in Council:
“(ii)
The processing of any information (including law enforcement information) specified in the Schedule to this Act or in an Order in Council made under this section:
“(iii)
The retrieval of any information (including law enforcement information) specified in the Schedule to this Act or in an Order in Council made under this section; and
“(b)
Specify conditions in relation to any such use of the computer system by the User Departments, or any of them.”
18 Substitution of references to organisation for time being responsible for management of Computer Centre
The provisions of the principal Act specified in the First Schedule to this Act are hereby amended by omitting the words “Government Computing Service”
wherever they occur, and substituting in each case the words “organisation for the time being responsible for the management of the Computer Centre”
.
19 Substitution of references to information
The provisions of the principal Act specified in the Second Schedule to this Act are hereby amended by omitting the word “information”
wherever it occurs, and substituting in each case the words “law enforcement information”
.
20 Schedule amended
(1)
The Schedule to the principal Act is hereby amended by omitting from the Part headed Police Department Records the item relatingto statistics, and inserting, in their appropriate alphabetical order, the following items:
| “Deportation orders | Particulars of deportation orders made under sections 91 and 92 of the Immigration Act 1987 | Police |
| “Finger prints | Details of finger prints and identity relating to overseas convictions | Police |
| “Non-violence orders and non-molestation orders | Particulars of non-violence orders made under section 6 of the Domestic Protection Act 1982 and non-molestation orders made under section 15 of that Act | Police |
| “Removal warrants | Particulars of removal warrants under Part 11of the Immigration Act 1987 | Police”. |
(2)
The Schedule to the principal Act is hereby further amended by inserting, inthe Part headed Police Department Records, after theitem relating to computer assisted despatching, the following item:
| “Details of hearings | Details of overseas convictions | Police Justice”. |
(3)
The Schedule to the principal Act is hereby further amended by omitting from the Part headed Ministry of Transport Records the items relating to accident reports, the drivers’ licences register, the motor vehicles register, statistics, and traffic officer activities, and inserting, in their appropriate alphabetical order, the following items:
| “Drivers’ licences register | A national register of all drivers’ licences (whether issued by the Ministry of Transport or a local body) | Justice Police Transport Local authorities authorised under section 4e of this Act |
| “Motor vehicles register | A national register of all motor vehicles | Justice Police Transport Local authorities authorised under section 4e of this Act”. |
(4)
The Schedule to the principal Act is hereby further amended by omitting from the Part headed General the item relating to message switching.
(5)
The Wanganui Computer Centre Order 1987 is hereby amended by omitting from the second column of the Schedule, in relation to the enforcement of fines and other orders, the words “and not fully paid”
.
21 Repeals
The following enactments are hereby consequentially repealed:
(a)
Sections 2 and 5(2) of the Wanganui Computer Centre Amendment Act 1977:
(b)
Sections 2, 3, and 4 of the Wanganui Computer Centre Amendment Act 1980:
(c)
Section 2 of the Wanganui Computer Centre Amendment Act 1983:
(d)
Section 3 of the Wanganui Computer Centre Amendment Act 1985:
(e)
Subsections (1), (4), and (5) of section 3, subsections (1) and (3) of section 4, and section 7, of the Wanganui Computer Centre Amendment Act 1986, and the Schedule to that Act.
SCHEDULES
FIRST SCHEDULE Provisions of Principal Act where References to Government Computing Service are to be Read as References to Organisation for the Time Being Responsible for the Management of the Computer Centre
Section 18
Sections 26(2), 27a(1), and 27a(4).
SECOND SCHEDULE Provisions of Principal Act Where References to Information are to be Read as References to Law Enforcement Information
Section 19
Sections 14, 15, 16(1), 17(1), 18a(1), 26(2), 27a(1), 27a(4), 27b, 28(1)(a) and (b), 28(2)(a) and (b), 29(1)(a), (d), and (e), and 29(2)(c).
This Act is administered in the Office of the State Services Commission.
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Wanganui Computer Centre Amendment Act 1989
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