Digital Identity Services Trust Framework Act 2023

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Digital Identity Services Trust Framework Act 2023

Public Act		2023 No 13
Date of assent		5 April 2023
Commencement		see section 2

1	Title
2	Commencement
	Part 1 Preliminary provisions
3	Purpose
4	Overview of Act
5	Interpretation
6	Transitional, savings, and related provisions
7	Act binds the Crown
	Part 2 Digital identity services trust framework
8	Trust framework
9	Tiriti o Waitangi/Treaty of Waitangi
10	Meaning of digital identity service
11	Trust framework participants
12	Requirements for TF providers dealing with personal or organisational information when providing accredited digital identity services
13	Accreditation marks
	Digital identity services outside trust framework
14	TF providers may provide both accredited services and services not accredited
15	Digital identity services outside trust framework
	Relationship with other Acts
16	Relationship with Electronic Identity Verification Act 2012 and Identity Information Confirmation Act 2012
17	Application of Privacy Act 2020
	Part 3 TF rules, accreditation, TF register, and record-keeping and reporting
	TF rules
18	TF rules
19	Who TF rules apply to
20	Content of TF rules
21	Consultation required before recommending TF rules
22	TF board to report to Minister on consultation
	Accreditation
23	Application for accreditation
24	Contents of application
25	Specified information
26	Decision by TF authority
27	Notice of decision
28	Regulations for accredited providers and services
29	Reconsideration of application
30	Duration of accreditation
31	Renewal of accreditation
32	Provisional accreditation
33	Obligation to tell TF authority of changes to key information or specified information
	TF register
34	Register of TF providers and accredited services
35	Purposes of register
36	Form of register
37	Information to be contained in register
38	Amendments to register
	Third party assessors
39	Certification of third party assessors
40	Accountability and immunity
41	Record-keeping and reporting by third party assessors
	Record-keeping and reporting by TF providers
42	Record-keeping and reporting by TF providers
	Part 4 TF board
43	TF board established
44	Responsible department
	TF board’s functions and powers
45	Functions of TF board
46	General powers of TF board
	TF board members
47	Appointment of TF board members
48	Voting rights
49	Removal of TF board members
50	Remuneration of TF board members
	Māori Advisory Group
51	Māori Advisory Group established
52	Appointment of members of Māori Advisory Group
53	Role of Māori Advisory Group
54	Further provisions relating to Māori Advisory Group
55	Removal of Māori Advisory Group members
	Committees of advisers
56	Appointment and remuneration of committees of advisers
57	Removal of committee members
	Part 5 TF authority
58	TF authority established
59	Responsible department
	TF authority’s functions and powers
60	Functions of TF authority
61	General powers of TF authority
62	Power to require information or documents
63	Extension of time to provide information
	TF authority members
64	Appointment of TF authority members
65	Removal of TF authority members
66	Remuneration of TF authority members
	Part 6 Complaints and offences
67	Purpose of Part
68	Principles
	Complaints
69	Who may make complaint
70	How to make complaint
71	How complaints must be dealt with
72	Referral of complaints to office holders
73	TF authority may decide not to consider complaint further
	Preliminary assessment of complaints
74	Procedure for preliminary assessment of complaints
75	Notice of preliminary assessment
	Dispute resolution scheme
76	Dispute resolution scheme
77	Ministerial approval of dispute resolution scheme
	Investigations by TF authority
78	Investigation of breach
79	Commencing investigation
80	Conducting investigation
81	TF authority may regulate own procedure
82	Finding by TF authority
	Remedies
83	Remedies following finding of breach
	Public warnings
84	Public warnings
	Additional record-keeping or reporting requirements
85	Additional record-keeping or reporting requirements
	Compliance orders
86	Issuing compliance order
87	Form of compliance order
88	TF provider response to compliance order
89	TF provider must tell TF authority when compliance order complied with
90	TF provider may elect to forfeit accreditation
91	TF authority may vary or cancel compliance order
	Suspension or cancellation of accreditation following finding of breach
92	Suspension of accreditation
93	Cancellation of accreditation
94	Suspension or cancellation if breach on 3 or more occasions
	Suspension or cancellation of accreditation for other reasons
95	Suspension or cancellation of accreditation
	Offences
96	Offence to knowingly or recklessly misrepresent provider to be TF provider or service to be accredited service
97	Offence to misuse accreditation mark
98	Offence to knowingly or recklessly give false information to TF authority in application for accreditation
99	Offence to fail to give key information or specified information in application for accreditation
100	Offence to fail to tell TF authority of change to key information or specified information
101	Offence to obstruct TF authority
	Part 7 Regulations, immunity from civil liability, and reviews
	Regulations
102	Regulations
	Immunity from civil liability
103	Immunity for members and staff of TF board and TF authority, members of Māori Advisory Group, and members of advisory committees who are not public service employees
104	Immunity for TF providers for actions of users
	Reviews
105	Review of TF board’s operation
106	Review of complaints process and dispute resolution scheme
	Schedule Transitional, savings, and related provisions
	Legislative history
	Administrative information

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Digital Identity Services Trust Framework Act 2023

Digital Identity Services Trust Framework Act 2023

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