Hon Chris Tremain
Government Bill
323—2
As reported from the Government Administration Committee
Commentary
Key
1 Title
2 Commencement
Part 1Preliminary provisions
3 Purpose
4 Principles
5 Overview
6 Act binds the Crown
7 Interpretation
Part 2Electronic identity verification
Subpart 1—Electronic identity credential
General
8 Electronic identity credential: definition
9 Electronic identity credential: contents
10 Electronic identity credential: duration
11 Only 1 electronic identity credential per individual
12 Exception to section 11 for certain individuals with new identity information
13 Limits of exception in section 12
14 Electronic identity credential to be personal to individual
15 Individual has no property rights in electronic identity credential
Use
16 Restrictions on use of electronic identity credential by individual
17 How individual may use electronic identity credential
17 Use of electronic identity credential by individual
18 Use of electronic identity credential by participating agency
19 Legal effect of using electronic identity credential
19 Effect of using electronic identity credential
20 Effect of change in status of electronic identity credential
Access
20A Access to core identity information and status information
20B Access to photograph
21 Access to record of usage history via chief executive
21A Disclosure of record of usage history by chief executive
21B Access to record of usage history via search warrant
Applications
22 What applications may be made
23 Who may make application
24 Application for issue
25 Application for renewal
26 Application for amendment
27 Application for voluntary cancellation
Mandatory amendment or cancellation, suspension, or revocation
28 Mandatory amendment of electronic identity credential
29 Mandatory cancellation of electronic identity credential
30 Suspension of processing of application or electronic identity credential
31 Revocation of electronic identity credential
32 Process for suspension or revocation
Subpart 2—Administrative provisions
Information matching
33 Definitions
34 Purpose of disclosure of identity-related information
35 Disclosure of identity-related information
36 Use of results of information matching
Functions of chief executive
37 Functions of chief executive
Duties of chief executive
38 Chief executive must take all reasonable steps to authenticate individual's identity
39 Chief executive must publish material
40 Chief executive must keep record of usage history for prescribed period
Powers of chief executive
41 Chief executive may approve manner in which applications to be made
42 Chief executive may specify what information to be provided with applications
43 Chief executive may set standards or specifications for use of electronic identity credentials by participating agencies
44 Chief executive may require participating agencies to report on use of electronic identity credentials
45 Chief executive may suspend use of electronic identity credentials by participating agencies
46 Chief executive may delegate functions, duties, and powers
47 Chief executive may enter into agreement with third party for performance of functions and duties, or exercise of powers, under this Act
48 Application of Ombudsmen Act 1975 and Official Information Act 1982 to certain delegates of chief executive and to certain third parties
Reconsideration of decisions
49 Application of section 50
50 Reconsideration of decision
Electronic Identity Verification Service
51 Electronic Identity Verification Service
52 Function of Service
Reporting requirements
53 Privacy Commissioner may require periodic reports on operation of Service or of confirmation agreement
Part 3Miscellaneous provisions
Relationship with other Acts
54 Application of Official Information Act 1982
54 Official Information Act 1982
55 Privacy Act 1993
Offences and penalties
56 Offences relating to Service information and material
57 Offence relating to improper issue
58 Offences relating to improper access and use
59 Offences involving statements or documentation
Court orders
60 Court may make certain orders in relation to specified offence
Liability
61 Protection from liability
Notices
62 Giving of notices
Regulations
63 Regulations relating to participating agencies
64 When Minister may recommend certain regulations relating to participating agencies
65 Regulations relating to agencies for purposes of Schedule 1
65A Regulations relating to time periods
66 Regulations relating to fees
67 Other regulations
Transitional provisions
68 Pre-commencement electronic identity credential
69 Existing application for pre-commencement electronic identity credential
70 Pre-commencement third-party agreement
Consequential amendments
71 Consequential amendments
Schedule 1Identity information checks
Schedule 2Consequential amendments
Legislative history
The Parliament of New Zealand enacts as follows: