Plain language law

New Zealand law explained for everyone

Social Security Act 2018

Other provisions - Regulations

437: Regulations: issue and use of entitlement cards

You could also call this:

“Rules for special cards that show what help you can get”

The Governor-General can make rules about entitlement cards. These cards are for specific groups of people. The rules can say who can get these cards and how to use them.

The cards might have your photo on them. There are rules about how to take and use these photos.

The rules also say how you should use your card. They might say when your card expires and what to do with it after that.

If you misuse your card or don’t return it when you should, you might get in trouble. But the fine can’t be more than $1,000.

Your card might have a magnetic stripe, barcode, or a tiny computer chip. These can hold information like your name, a special number for you, when your card starts and ends, and what type of card it is.

Before putting computer chips in the cards, the Minister has to check with important people to make sure your information stays private and safe.

These rules are a type of law called secondary legislation.

This text is automatically generated. It might be out of date or be missing some parts. Find out more about how we do this.

This page was last updated on

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM6784009.

Topics:
Money and consumer rights > Consumer protection
Government and voting > Government departments
Rights and equality > Privacy
Previous

436: Regulations: factors affecting benefits: absence from New Zealand, or

“Rules about getting benefits when you leave New Zealand”

Next

438: Regulations: application for benefit: making of, help with, lapse, and deemed receipt, or

“Rules for applying for benefits and getting help with your application”

Part 8 Other provisions
Regulations

437Regulations: issue and use of entitlement cards

  1. The Governor-General may, by Order in Council, make regulations for all or any of the following purposes:

  2. providing for the issue of entitlement cards to various classes of people:
    1. prescribing the classes of people eligible to be issued with entitlement cards:
      1. providing for cardholders’ photographs to be affixed to or imaged into a category of entitlement cards and prescribing procedures, requirements, and other matters in relation to those photographs:
        1. prescribing and regulating the use of entitlement cards (including, without limitation, conditions of use, time limits on validity and expiry dates, and obligations to return expired entitlement cards to MSD):
          1. prescribing offences relating to the improper use of entitlement cards or for their non-return after their expiry, and the amounts of maximum fines that may be imposed in respect of those offences.

            1. Regulations made under subsection (1)(d) prescribing and regulating the use of entitlement cards may (without limitation) provide for or relate to their use—

            2. to obtain payment of any benefit, allowance, or payment under this Act:
              1. to obtain any payment or exemption from payment in consideration of services supplied to the holder of the entitlement card, or the holder’s dependent spouse or partner or child, whether those services are supplied under this Act, any other Act, or otherwise:
                1. as evidence that the holder or a dependent spouse or partner or child of the holder is exempt from any obligation under this Act or any regulations made under this Act.

                  1. Regulations made under subsection (1)(e) prescribing offences and penalties cannot prescribe—

                  2. an offence for improper use of an entitlement card that is conduct that constitutes an offence under section 290 (offences: false statements, misleading, or attempting to mislead, to receive or continue to receive benefits):
                    1. a maximum fine of an amount exceeding $1,000 and, if the offence is a continuing one, a further amount exceeding $50 for every day or part of a day during which the offence has continued (see also section 294).

                      1. Regulations made under subsection (1) may provide for entitlement cards to have all or any of a magnetic stripe or a barcode on them, or a microchip embedded in them, which may contain all or any of the following information:

                      2. the cardholder’s name:
                        1. an identifying number assigned by MSD to the cardholder:
                          1. a number or code indicating the cardholder’s class of eligibility for the card:
                            1. an identifying number assigned to the card:
                              1. the commencement and expiry dates of the card:
                                1. a code number for mailing purposes.

                                  1. An Order in Council providing for the embedding of microchips in entitlement cards cannot be made under this section except on the recommendation of the Minister.

                                  2. The Minister must not recommend the making of an Order in Council referred to in subsection (5) unless satisfied adequate consultation about the privacy and security of the information to be contained in the microchip has taken place (to ensure privacy and personal information are fully protected) with—

                                  3. the Public Service Commission; and
                                    1. the Privacy Commissioner; and
                                      1. any other State agency, department, or organisation the Minister thinks relevant.

                                        1. Regulations under this section are secondary legislation (see Part 3 of the Legislation Act 2019 for publication requirements).

                                        Compare
                                        Notes
                                        • Section 437(6)(a): amended, on , by section 135 of the Public Service Act 2020 (2020 No 40).
                                        • Section 437(7): inserted, on , by section 3 of the Secondary Legislation Act 2021 (2021 No 7).