The Parliamentary Counsel Office has made editorial and format changes to this version using the powers under subpart 2 of Part 3 of the Legislation Act 2019.

Note 4 at the end of this version provides a list of the amendments included in it.

These regulations are administered by the Department of Internal Affairs.

Pursuant to sections 67(1), 69(1), and 70 of the Electronic Identity Verification Act 2012, His Excellency the Governor-General makes the following regulations, acting—

(a)

on the advice and with the consent of the Executive Council; and

(b)

on the recommendation of the Minister of Internal Affairs made after consulting the Privacy Commissioner in accordance with section 70(4) of that Act.

Regulations

1 Title

These regulations are the Electronic Identity Verification Regulations 2013.

2 Commencement

These regulations come into force on 2 April 2013.

3 Interpretation

In these regulations, unless the context otherwise requires, Act means the Electronic Identity Verification Act 2012.

3A Transitional, savings, and related provisions

The transitional, savings, and related provisions set out in Schedule 1AA have effect according to their terms.

Regulation 3A: inserted, on 5 January 2023, by regulation 4 of the Electronic Identity Verification Amendment Regulations 2022 (SL 2022/321).

4 Participating agencies

(1)

The following are declared to be participating agencies for the purposes of the Act:

(a)

every organisation that is a public entity within the meaning of section 5(1) of the Public Audit Act 2001:

(b)

every Office of Parliament within the meaning of section 2(1) of the Public Finance Act 1989:

(c)

every registered bank within the meaning of section 2(1) of the Banking (Prudential Supervision) Act 1989:

(d)

every provider (within the meaning of section 5 of the KiwiSaver Act 2006) of a scheme that is registered in the KiwiSaver schemes register established under section 156 of that Act:

(e)

every licensed insurer within the meaning of section 6(1) of the Insurance (Prudential Supervision) Act 2010:

(f)

every licensed NBDT within the meaning of section 4(1) of the Non-bank Deposit Takers Act 2013:

(g)

every holder of a market services licence within the meaning of section 6(1) of the Financial Markets Conduct Act 2013:

(h)

every authorised body within the meaning of section 6(1) of the Financial Markets Conduct Act 2013:

(i)

every financial adviser within the meaning of section 6(1) of the Financial Markets Conduct Act 2013:

(j)

every registered establishment within the meaning of section 10(1) of the Education and Training Act 2020:

(k)

[Revoked]

(l)

every conveyancing practitioner within the meaning of section 6 of the Lawyers and Conveyancers Act 2006:

(m)

every incorporated conveyancing firm within the meaning of section 6 of the Lawyers and Conveyancers Act 2006:

(n)

every law firm within the meaning of section 5(1) of the Anti-Money Laundering and Countering Financing of Terrorism Act 2009:

(o)

every accounting practice within the meaning of section 5(1) of the Anti-Money Laundering and Countering Financing of Terrorism Act 2009 at least 1 director or senior manager of which is a specified accountant:

(p)

every agent within the meaning of section 4(1) of the Real Estate Agents Act 2008.

(q)

[Revoked]

(2)

For the purposes of subclause (1)(o),—

accounting body, in relation to a specified accountant, means—

(a)

an approved association within the meaning of section 5(1) of the Financial Reporting Act 2013; or

(b)

an accredited body within the meaning of section 6(1) of the Auditor Regulation Act 2011, including the New Zealand Institute of Chartered Accountants constituted under the New Zealand Institute of Chartered Accountants Act 1996; or

(c)

an approved advisor group within the meaning of section 20B(5) of the Tax Administration Act 1994

director, in relation to an accounting practice, means,—

(a)

in the case of a company, any person occupying the position of director of the company by whatever name called:

(b)

in the case of a partnership (other than a limited partnership), any partner:

(c)

in the case of a limited partnership, any general partner:

(d)

in the case of a body corporate or unincorporate, other than a company or partnership, any person occupying a position that is comparable with that of a director of a company

senior manager, in relation to an accounting practice, means a principal or other person who is not a director but occupies a position that allows that person to exercise significant influence over the management or administration of the practice

specified accountant means an accountant in public practice who is—

(a)

a member of an accounting body and permitted by that body to offer accounting services to the public; or

(b)

recognised as a qualified statutory accountant under section 36S of the Financial Reporting Act 2013.

Regulation 4(1)(c): amended, on 1 July 2022, by section 300(2) of the Reserve Bank of New Zealand Act 2021 (2021 No 31).

Regulation 4(1)(d): inserted, on 22 November 2013, by regulation 4 of the Electronic Identity Verification Amendment Regulations 2013 (SR 2013/455).

Regulation 4(1)(e): replaced, on 24 July 2014, by regulation 4 of the Electronic Identity Verification Amendment Regulations (No 2) 2014 (LI 2014/211).

Regulation 4(1)(f): inserted, on 24 July 2014, by regulation 4 of the Electronic Identity Verification Amendment Regulations (No 2) 2014 (LI 2014/211).

Regulation 4(1)(g): inserted, on 24 July 2014, by regulation 4 of the Electronic Identity Verification Amendment Regulations (No 2) 2014 (LI 2014/211).

Regulation 4(1)(h): replaced, on 15 March 2021, by regulation 4 of the Electronic Identity Verification Amendment Regulations 2020 (LI 2020/313).

Regulation 4(1)(i): replaced, on 15 March 2021, by regulation 4 of the Electronic Identity Verification Amendment Regulations 2020 (LI 2020/313).

Regulation 4(1)(j): replaced, on 30 September 2016, by regulation 4 of the Electronic Identity Verification Amendment Regulations 2016 (LI 2016/221).

Regulation 4(1)(j): amended, on 1 August 2020, by section 668 of the Education and Training Act 2020 (2020 No 38).

Regulation 4(1)(k): revoked, on 1 April 2020, by section 78(2) of the Education (Vocational Education and Training Reform) Amendment Act 2020 (2020 No 1).

Regulation 4(1)(l): replaced, on 26 October 2018, by regulation 4(1) of the Electronic Identity Verification Amendment Regulations 2018 (LI 2018/207).

Regulation 4(1)(m): inserted, on 26 October 2018, by regulation 4(1) of the Electronic Identity Verification Amendment Regulations 2018 (LI 2018/207).

Regulation 4(1)(n): inserted, on 26 October 2018, by regulation 4(1) of the Electronic Identity Verification Amendment Regulations 2018 (LI 2018/207).

Regulation 4(1)(o): inserted, on 26 October 2018, by regulation 4(1) of the Electronic Identity Verification Amendment Regulations 2018 (LI 2018/207).

Regulation 4(1)(p): inserted, on 26 October 2018, by regulation 4(1) of the Electronic Identity Verification Amendment Regulations 2018 (LI 2018/207).

Regulation 4(1)(q): revoked, on 19 June 2026, by section 45 of the Regulatory Systems (Internal Affairs) Amendment Act 2026 (2026 No 26).

Regulation 4(2): inserted, on 26 October 2018, by regulation 4(2) of the Electronic Identity Verification Amendment Regulations 2018 (LI 2018/207).

5 Organisations that are agencies for purposes of Schedule 1 of Act

The following are declared to be agencies for the purposes of Schedule 1 of the Act:

(a)

Hospitality Association of NZ Incorporated:

(b)

the New Zealand Transport Agency:

(c)

the New Zealand Police.

6 Duration of electronic identity credential

(1)

An electronic identity credential is effective for 10 years from the date on which it is issued.

(2)

If an electronic identity credential is renewed on a date that is 90 days or more before its expiry date, the electronic identity credential is effective for 10 years and 90 days from the date of renewal.

(3)

If an electronic identity credential is renewed on a date that is less than 90 days before its expiry date, the electronic identity credential is effective from the date of renewal to the date that is 10 years from the expiry date.

(4)

If an electronic identity credential is renewed on or after its expiry date, the electronic identity credential is effective for 10 years from the date of renewal.

(5)

In this regulation, expiry date means the date on which an electronic identity credential that has not been cancelled or revoked would, but for the renewal in question, cease to be effective in accordance with this regulation.

Regulation 6(1): amended, on 5 January 2023, by regulation 5 of the Electronic Identity Verification Amendment Regulations 2022 (SL 2022/321).

Regulation 6(2): amended, on 5 January 2023, by regulation 5 of the Electronic Identity Verification Amendment Regulations 2022 (SL 2022/321).

Regulation 6(3): amended, on 5 January 2023, by regulation 5 of the Electronic Identity Verification Amendment Regulations 2022 (SL 2022/321).

Regulation 6(4): amended, on 5 January 2023, by regulation 5 of the Electronic Identity Verification Amendment Regulations 2022 (SL 2022/321).

7 Retention of information relating to electronic identity credentials

(1)

The Service may retain the information specified in section 70(2)(b) of the Act for all electronic information credentials.

(2)

The period for which the Service may retain the information specified in section 70(2)(b) of the Act following the cancellation or expiry of an electronic identity credential is the period specified in the second column of the table in Schedule 2, opposite to the provision of the Act specified in the first column under which the electronic identity credential expired or was cancelled.

Regulation 7(2): amended, on 28 March 2014, by regulation 5 of the Electronic Identity Verification Amendment Regulations 2014 (LI 2014/62).

Schedule 1AA Transitional, savings, and related provisions

r 3A

Schedule 1AA: inserted, on 5 January 2023, by regulation 6 of the Electronic Identity Verification Amendment Regulations 2022 (SL 2022/321).

Part 1 Provisions relating to Electronic Identity Verification Amendment Regulations 2022

Schedule 1AA Part 1: inserted, on 5 January 2023, by regulation 6 of the Electronic Identity Verification Amendment Regulations 2022 (SL 2022/321).

1 Expiry of electronic identity credentials issued or renewed before 5 January 2023

(1)

This clause applies to an electronic identity credential that—

(a)

was issued before 5 January 2023 and has not been renewed; or

(b)

was most recently renewed before 5 January 2023.

(2)

An electronic identity credential to which this clause applies continues to be effective until the date calculated in accordance with regulation 6 as it read immediately before amendment by the Electronic Identity Verification Amendment Regulations 2022.

(3)

To avoid doubt, after 5 January 2023 an electronic identity credential to which this clause applies may be renewed for a period calculated in accordance with regulation 6 as amended.

Schedule 1AA clause 1: inserted, on 5 January 2023, by regulation 6 of the Electronic Identity Verification Amendment Regulations 2022 (SL 2022/321).

Schedule 1 Other participating agencies

[Revoked]

r 4(l)

Schedule 1: revoked, on 19 June 2026, by section 46 of the Regulatory Systems (Internal Affairs) Amendment Act 2026 (2026 No 26).

Schedule 2 Period for which Service may retain information following cancellation or expiry of electronic identity credential

r 7(2)

Schedule 2: inserted, on 28 March 2014, by regulation 6 of the Electronic Identity Verification Amendment Regulations 2014 (LI 2014/62).

Relevant provision of Act		Period
Section 10(1)		11 years
Section 31		11 years
Section 33(1)(a)		11 years
Section 33(1)(b)		1 month
Section 33(1)(c)		11 years

Michael Webster,
for Clerk of the Executive Council.

Issued under the authority of the Legislation Act 2019.

Date of notification in Gazette: 21 February 2013.

Notes

1 General

This is a consolidation of the Electronic Identity Verification Regulations 2013 that incorporates the amendments made to the legislation so that it shows the law as at its stated date.

2 Legal status

A consolidation is taken to correctly state, as at its stated date, the law enacted or made by the legislation consolidated and by the amendments. This presumption applies unless the contrary is shown.

Section 78 of the Legislation Act 2019 provides that this consolidation, published as an electronic version, is an official version. A printed version of legislation that is produced directly from this official electronic version is also an official version.

3 Editorial and format changes

The Parliamentary Counsel Office makes editorial and format changes to consolidations using the powers under subpart 2 of Part 3 of the Legislation Act 2019. See also PCO editorial conventions for consolidations.

4 Amendments incorporated in this consolidation

Regulatory Systems (Internal Affairs) Amendment Act 2026 (2026 No 26): sections 45, 46

Electronic Identity Verification Amendment Regulations 2022 (SL 2022/321)

Reserve Bank of New Zealand Act 2021 (2021 No 31): section 300(2)

Electronic Identity Verification Amendment Regulations 2020 (LI 2020/313)

Education and Training Act 2020 (2020 No 38): section 668

Education (Vocational Education and Training Reform) Amendment Act 2020 (2020 No 1): section 78(2)

Electronic Identity Verification Amendment Regulations 2018 (LI 2018/207)

Electronic Identity Verification Amendment Regulations 2016 (LI 2016/221)

Electronic Identity Verification Amendment Regulations (No 2) 2014 (LI 2014/211)

Electronic Identity Verification Amendment Regulations 2014 (LI 2014/62)

Electronic Identity Verification Amendment Regulations 2013 (SR 2013/455)

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