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Secondary legislation In force Latest version as at 16 May 2022 (as made) | SL 2022/142 | Administered by Ministry of Justice

Privacy Act (Schedule 2) Order 2022

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Secondary legislation In force Latest version as at 16 May 2022 (as made) | SL 2022/142 | Administered by Ministry of Justice

Privacy Act (Schedule 2) Order 2022

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2022/142

Coat of Arms of New Zealand

Privacy Act (Schedule 2) Order 2022

Rt Hon Dame Helen Winkelmann, Administrator of the Government

Order in Council

At Wellington this 16th day of May 2022

Present:
The Hon Grant Robertson presiding in Council

This order is made under section 161 of the Privacy Act 2020 on the advice and with the consent of the Executive Council.

Contents

1 Title
2 Commencement
3 Principal Act
4 Schedule 2 amended
Schedule 1
Amendment to Schedule 2 of Privacy Act 2020
Schedule 2
Further amendments to Schedule 2 of Privacy Act 2020
Explanatory note
Administrative Information

Order

1 Title

This order is the Privacy Act (Schedule 2) Order 2022.

2 Commencement

This order comes into force on 17 June 2022.

3 Principal Act

This order amends the Privacy Act 2020.

4 Schedule 2 amended

(1)

In Schedule 2, replace the item relating to information sharing to support services for disengaged youth with the item set out in Schedule 1 of this order.

(2)

In Schedule 2, repeal the item relating to the Information Sharing Agreement made between Inland Revenue and the New Zealand Police on 2 July 2014.

(3)

In Schedule 2, after the last item, insert the items set out in Schedule 2 of this order.

Schedule 1 Amendment to Schedule 2 of Privacy Act 2020

cl 4(1)

Name of agreement

Public service(s) to be facilitated by agreement

Internet address where copy of agreement can be accessed

Lead agency for agreement

Description of personal information or type of personal information to be shared under agreement

Information sharing to support services for disengaged youth: information sharing agreement between Ministry of Education, Oranga Tamariki—Ministry for Children, and Ministry of Social Development made on 8 August 2012 and amended on 13 May 2020

To provide services to encourage and help young persons who have ceased to be enrolled at a registered school or a tertiary education organisation to move into, or remain in, education, training, and employment rather than receiving financial support under the Social Security Act 2018

 http://www.youthservice.govt.nz Ministry of Social Development

Information from Ministry of Education:

(a)

student name (and any alternative names):

(b)

gender:

(c)

ethnicity:

(d)

date of birth:

(e)

residency information (if known):

(f)

address:

(g)

home and mobile phone numbers (if known):

(h)

email address:

(i)

schools attended (including geographical regions and deciles):

(j)

number of schools attended:

(k)

date of leaving school and year level:

(l)

leaving reason (for each school):

(m)

qualification information at time of leaving school:

(n)

details of any interventions that student may have participated in:

(o)

any information on student’s participation in tertiary education

Information from Oranga Tamariki—Ministry for Children:

(a)

name (including any alternative names if applicable):

(b)

birth date:

(c)

gender:

(d)

ethnicity:

(e)

intakes to Oranga Tamariki—Ministry for Children, including dates, whether the intake was for care and protection or youth justice concerns, and the outcome decision from the intake:

(f)

dates of any family group conferences and/or hui-a-whānau and whether they were for care and protection or for youth justice purposes:

(g)

dates of any findings of abuse:

(h)

placements and periods in youth justice custody, including type and duration of placement:

(i)

placements and periods in care and protection custody, including type and duration of placement

Schedule 2 Further amendments to Schedule 2 of Privacy Act 2020

cl 4(3)

Name of agreement

Public service(s) to be facilitated by agreement

Internet address where copy of agreement can be accessed

Lead agency for agreement

Description 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.nz Department of Internal Affairs
(1)

identifying information:

(2)

citizenship information:

(3)

New Zealand passport information:

(4)

New Zealand certificate of identity information:

(5)

New Zealand refugee travel document information:

(6)

electronic identity credential application information:

(7)

birth information:

(8)

pre-sexual assignment or reassignment:

(9)

death information:

(10)

marriage information:

(11)

civil union information:

(12)

name change information:

(13)

name change lodgements:

(14)

overseas death information:

(15)

overseas name change information:

(16)

overseas marriage and civil union information:

(17)

non-disclosure directions information:

(18)

driver licence information:

(19)

driver licence images:

(20)

demerit points:

(21)

information relating to current debt to the Crown held by New Zealand Transport Agency, Ministry of Education, Ministry of Social Development, Registrar of Motor Vehicles, and RUC collector (as defined in section 5(1) of the Road User Charges Act 2012):

(22)

information relating to historic debt to the Crown held by New Zealand Transport Agency, Ministry of Education, Ministry of Social Development, Registrar of Motor Vehicles, and RUC collector (as defined in section 5(1) of the Road User Charges Act 2012):

(23)

information relating to current debt to the Accident Compensation Corporation:

(24)

information relating to historic debt to the Accident Compensation Corporation:

(25)

parents’ or caregivers’ contact details:

(26)

confirmation individual known to Ministry of Social Development:

(27)

current visa information:

(28)

historic visa information:

(29)

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

(30)

English proficiency:

(31)

a notification from Ministry of Business, Innovation, and Employment that more information exists in relation to an individual’s character that is potentially relevant to a good character test:

(32)

assessment of character:

(33)

travel movements:

(34)

overseas birth information:

(35)

overseas citizenship information:

(36)

overseas passport and certificate of identity information:

(37)

information in overseas police reports held by Ministry of Business, Innovation, and Employment:

(38)

confirmation individual known to Ministry of Education

Information sharing agreement between Inland Revenue Department, New Zealand Police, New Zealand Customs Service, and Serious Fraud Office made on 27 July 2020

The maintenance of public safety.

Law enforcement and crime prevention, in particular, the prevention, detection, and investigation of serious crimes and the provision of evidence of serious crimes

http://www.ird.govt.nz

http://www.police.govt.nz

http://www.customs.govt.nz

http://www.sfo.govt.nz

 Inland Revenue
(a)

tax information:

(b)

financial transaction information:

(c)

information about assets:

(d)

employment information:

(e)

personal record information:

(f)

social assistance information:

(g)

other personal information that Inland Revenue Department discovers in the course of performing its usual functions and duties

Janine Harvey,
for 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 17 June 2022, updates Schedule 2 of the Privacy Act 2020 to—

  • reflect amendments made on 13 May 2020 to the approved information sharing agreement between the Ministry of Education and Ministry of Social Development to support services for disengaged youth; and

  • repeal the item relating to the agreement made on 2 July 2014 between the Inland Revenue Department and the New Zealand Police, which was replaced on 27 July 2020 by an agreement made between the Inland Revenue Department, New Zealand Police, New Zealand Customs Service, and Serious Fraud Office; and

  • include descriptions of the following information sharing agreements that were approved under the Privacy Act 1993 in the period between the enactment and commencement of the Privacy Act 2020:

    • the information sharing agreement facilitating customer nominated services made on 4 May 2020; and

    • the information sharing agreement between the Inland Revenue Department, New Zealand Police, New Zealand Customs Service, and Serious Fraud Office made on 27 July 2020.

Issued under the authority of the Legislation Act 2019.

Date of notification in Gazette: 19 May 2022.

This order is administered by the Ministry of Justice.

Secondary legislation In force Latest version as at 16 May 2022 (as made)

Privacy Act (Schedule 2) Order 2022

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