Electronic Identity Verification Act 2012

Reprint as at 28 September 2017

Coat of Arms of New Zealand

Electronic Identity Verification Act 2012

Public Act
 
2012 No 123
Date of assent
 
18 December 2012
Commencement
 
see section 2
Note

Changes authorised by subpart 2 of Part 2 of the Legislation Act 2012 have been made in this official reprint.

Note 4 at the end of this reprint provides a list of the amendments incorporated.

This Act is administered by the Department of Internal Affairs.

Contents

1Title
2Commencement
3Purpose
4Principles
5Overview
6Act binds the Crown
7Interpretation
8Electronic identity credential: definition
9Electronic identity credential: contents
10Electronic identity credential: duration
11Only 1 electronic identity credential per individual
12Exception to section 11 for certain individuals with new identity information
13Limits of exception in section 12
14Electronic identity credential to be personal to individual
15Individual has no property rights in electronic identity credential
16Restrictions on use of electronic identity credential by individual
17Use of electronic identity credential by individual
18Use of electronic identity credential by participating agency
19Effect of using electronic identity credential
20Effect of change in status of electronic identity credential
21Access to core identity information and status information
22Access to photograph
23Access to record of usage history via chief executive
24Disclosure of record of usage history by chief executive
25Access to record of usage history via search warrant
26What applications may be made
27Who may make application
28Application for issue
29Application for renewal
30Application for amendment
31Application for voluntary cancellation
32Mandatory amendment of electronic identity credential
33Mandatory cancellation of electronic identity credential
34Suspension of processing of application or electronic identity credential
35Revocation of electronic identity credential
36Process for suspension or revocation
37Definitions
38Purpose of disclosure of identity-related information
39Disclosure of identity-related information
40Use of results of information matching
41Functions of chief executive
42Chief executive must take all reasonable steps to authenticate individual’s identity
43Chief executive must publish material
44Chief executive must keep record of usage history for prescribed period
45Chief executive may approve manner in which applications to be made
46Chief executive may specify information to be provided with applications
47Chief executive may set standards or specifications for use of electronic identity credentials by participating agencies
48Chief executive may require participating agencies to report on use of electronic identity credentials
49Chief executive may suspend use of electronic identity credentials by participating agencies
50Chief executive may delegate functions, duties, and powers
51Chief executive may enter into agreement with third party for performance of functions and duties, or exercise of powers, under this Act
52Application of Ombudsmen Act 1975 and Official Information Act 1982 to certain delegates of chief executive and to certain third parties
53Application of section 54
54Reconsideration of decision
55Electronic Identity Verification Service
56Function of Service
57Privacy Commissioner may require periodic reports on operation of Service or of confirmation agreement
58Official Information Act 1982
59Privacy Act 1993
60Offences relating to Service information and material
61Offence relating to improper issue
62Offences relating to improper access and use
63Offences involving statements or documentation
64Court may make certain orders in relation to specified offence
65Protection from liability
66Giving of notices
67Regulations relating to participating agencies
68When Minister may recommend certain regulations relating to participating agencies
69Regulations relating to agencies for purposes of Schedule 1
70Regulations relating to time periods
71Regulations relating to fees
72Other regulations
73Pre-commencement electronic identity credential
74Existing application for pre-commencement electronic identity credential
75Pre-commencement third-party agreement
76Consequential amendments
Reprint notes

The Parliament of New Zealand enacts as follows: