301Disclosure of immigration information to verify eligibility for publicly funded services

1. The purpose of this section is to facilitate the disclosure of information by the Department to a provider of any publicly funded service to enable the service provider to determine—

2. a person’s eligibility for access to the publicly funded service; or
3. where a person is being or has been provided with the publicly funded service, the person’s liability to pay for the service provided.

4. For the purpose of this section, an authorised officer may supply to the chief executive any identifying information about—

5. a person who seeks access to a publicly funded service; or
6. a person for whom access is sought to a publicly funded service; or
7. a person who is receiving or has received a publicly funded service.

8. If identifying information is supplied under subsection (2), the chief executive may disclose to an authorised officer, for the purpose of this section, any of the following information:

9. identifying information about the person:
10. the person's immigration status, including—
    1. the start date of any visa granted to the person:
    2. the expiry date of any visa granted to the person:
    3. the date on which the person was granted entry permission:
    4. the conditions, if any, relating to the person's immigration status:
    5. any changes to the person's immigration status, and the dates of the changes:
    6. any action taken under this Act in relation to the person, and the date of the action:
11. the date or dates on which the person leaves or has left New Zealand:
12. the start date of any permit granted to the person under the former Act:
13. the expiry date of any permit granted to the person under the former Act:
14. if the person was exempt from the requirement to hold a permit under the former Act, the period of that exemption:
15. if relevant to the matter to be determined by the service provider,—
    1. the immigration status of an associated person (for example, the person's spouse, civil union partner, de facto partner, or parent), including—
       1. the start date of any visa granted to the associated person:
       2. the expiry date of any visa granted to the associated person:
       3. the date on which the associated person was granted entry permission:
       4. the conditions, if any, relating to the associated person's immigration status:
       5. any changes to the associated person's immigration status, and the dates of the changes:
       6. any action taken under this Act in relation to the associated person, and the date of the action:
    2. the date or dates on which the associated person leaves or has left New Zealand:
    3. the start date of any permit granted to the associated person under the former Act:
    4. the expiry date of any permit granted to the associated person under the former Act:
    5. if the associated person was exempt from the requirement to hold a permit under the former Act, the period of that exemption.

16. The disclosure of information under subsection (3) must be in accordance with an agreement between the chief executive and the service provider concerned that complies with subsections (5) and (6).

17. For the purposes of subsection (4), an agreement—

18. must be in writing; and
19. must state criteria for the disclosure of information under it; and
20. must state, in respect of the information to be disclosed,—
    1. the use the service provider may make of it; and
    2. either—
       1. that the service provider must not disclose it to any other agencies, bodies, or persons; or
       2. the other agencies, bodies, or persons to which the service provider may disclose any of it, and the extent to which and conditions subject to which the service provider may do so; and
21. may state—
    1. the form in which information may be disclosed:
    2. the method by which information may be disclosed; and
22. may be varied.

23. The chief executive must consult the Privacy Commissioner before entering into or varying an agreement under this section.

24. If the Privacy Commissioner so requires, the service provider must undertake a review of an arrangement under this section, and the way in which information is disclosed under it, and report the result to the Commissioner as soon as practicable after conducting the review.

25. The Privacy Commissioner must not require the service provider to undertake a review under subsection (7) within 12 months of last doing so.

26. Where the Department has obtained information about a person from a service provider under this section, the Department must not use that information for the purpose of taking adverse action against the person.

27. The service provider must ensure that each of its annual reports includes information in relation to any agreements between the chief executive and a service provider under this section, including information about—

28. the number of agreements; and
29. an outline of each agreement; and
30. the number of cases in which the accuracy of the information disclosed by the chief executive was challenged.

31. In this section,—

    authorised officer means any officer, employee, or agent of the service provider who is authorised by the service provider to supply information to, or receive information from, the chief executive under this section

    identifying information means personal information that identifies an individual, which may include the person’s full name, date and place of birth, gender, and any known alias

    publicly funded service means a service where eligibility for access to the service or liability to pay for the service—

    1. is determined by or under a statute; and
    2. is related to, or affected by, a person’s immigration status

    service provider means a person, including a government agency, providing, or arranging the provision of, a publicly funded service.