Electronic Identity Verification Bill

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Hon Nathan Guy

Electronic Identity Verification Bill

Government Bill



Explanatory note

1  Title

2  Commencement

Part 1
Preliminary provisions

3  Purpose

4  Principles

5  Overview

6  Act binds the Crown

7  Interpretation

Part 2
Electronic identity verification

Subpart 1Electronic identity credential


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 of electronic identity credential

16  Restrictions on use of electronic identity credential

17  How individual may use electronic identity credential

18  Use of electronic identity credential by participating agency

19  Legal effect of using electronic identity credential

20  Effect of change in status of electronic identity credential on applicable transactions or services completed or provided before change occurred

21  Access to record of usage history

Applications for electronic identity credential

22  What application 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 of electronic identity credential

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 2Administrative 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 requirements

40  Chief executive must keep record of usage history

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 3
Miscellaneous provisions

Application of other Acts

54  Application of Official Information Act 1982

55  Application of Privacy Act 1993

Offences and penalties

56  Offences relating to Service information and material

57  Offence relating to improper issue of electronic identity credential

58  Offences relating to improper access to and use of core identity information and improper use of electronic identity credential

59  Offences involving statements or documentation

Court orders relating to specified offences

60  Court may make certain orders in relation to specified offence

Protection from liability

61  Protection from liability


62  Giving of notices


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

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 1
Identity information checks

Schedule 2
Consequential amendments

The Parliament of New Zealand enacts as follows: