1Duty to answer questions asked by MSD

1. A person (even if not an applicant for a benefit) must answer all questions the person is asked (in any way) by MSD about all or any of the following:

2. an applicant for a benefit:
3. a person who is or has been receiving a benefit:
4. a statement contained in an application for a benefit:
5. the means, earning capacity, or economic circumstances of a person, when all or any of that information is reasonably required by MSD for the purposes of section 46 (reports as to children) or 91 (reports as to maintenance) of the Family Proceedings Act 1980:
6. the means, earning capacity, or economic circumstances, of a person who is or may be liable to maintain either or both of the following:
   1. an applicant for a benefit, or a beneficiary:
   2. a dependant of an applicant for a benefit, or of a beneficiary.

7. This clause does not require the person to provide any information that would be privileged in a court of law.

8. If a person refuses to disclose information on the ground that it is privileged under subclause (2),—

9. MSD, that person, or any other person to whom the information relates, may apply to a District Court Judge for an order determining whether the claim of privilege is valid; and
10. the Judge may, for the purposes of determining an application of that kind, require the information to be produced to the court.

11. Section 290 (offences: false statements, misleading, or attempting to mislead, to receive or continue to receive benefits) applies to answers to, and to omissions to answer, the questions.

2Power to obtain information

1. MSD may for all or any of the purposes specified in clause 3, by written notice given to a person (P), require P, without charge, and within a period (of 5 or more working days after the notice is given), and in the manner, stated in the notice,—

2. to give MSD information (even if the information is not contained in a document) that MSD requires; or
3. to give MSD, and allow MSD to make copies of or take extracts from, a document (for example, a record) in or under P’s custody or control; or
4. to give MSD copies of or extracts from a document in the custody or under the control of P.

5. MSD, in subclause (1), includes an MSD employee who is identified in the notice.

6. P may, but need not, be a person who is an officer or employee—

7. in the service of the Crown in a government department or public body (other than as an officer of a court); and
8. acting in the person’s official capacity.

9. This clause is subject to clause 4 (privilege), and to the code of conduct under clause 8.

3Purposes

1. Information may be obtained under clause 2 for all or any of the following purposes:

2. determining whether a person who has made a claim for, is receiving, or has received a benefit or payment under any of the following enactments or programmes is or was entitled to receive that benefit or that payment:
   1. this Act (for example, under a reciprocity agreement adopted by an order made under section 380):
   2. Part 6 of the Veterans’ Support Act 2014:
   3. Part 1 of the New Zealand Superannuation and Retirement Income Act 2001:
   4. a welfare programme approved by the Minister under section 101 of this Act:
   5. the Residential Care and Disability Support Services Act 2018:
3. determining the rate of benefit or payment that is or was applicable to that person:
4. determining whether a person who has been issued with, or has made a claim for, an entitlement card under regulations in force under section 437 is or was entitled to be issued with that card:
5. conducting or reviewing a means assessment under Part 6 of the Residential Care and Disability Support Services Act 2018 (relating to payment for LTR contracted care as defined in section 10 of that Act), or determining whether a means assessment of that kind is correct:
6. determining, under Part 8 of the Residential Care and Disability Support Services Act 2018, the amount that a person is required to pay towards the cost of the home-based disability support services supplied to that person, and whether a person who has been so assessed is entitled to that assessment:
7. ascertaining the financial circumstances or whereabouts of a person who is indebted to the Crown under—
   1. this Act (for example, under a reciprocity agreement adopted by an order made under section 380); or
   2. sections 27I to 27ZI (except section 27X) of, and Schedule 20 of, the Social Security Act 1964 (as preserved by section 256(1) of the Child Support Act 1991); or
   3. section 61CA of the Social Security Act 1964 (Family Proceedings Act 1980 maintenance payable to the Crown) (as that section is saved by clause 49 of Schedule 1):
   4. the Residential Care and Disability Support Services Act 2018:
8. discharging MSD’s functions under, or under any regulations in force under, an enactment or a programme in paragraph (a)(i) to (v).

4Privilege

1. Clause 2 does not require a person to provide information or produce a document that would be privileged in a court of law.

2. Subclause (1) is subject to the exception specified in subclause (3).

3. Clause 2 requires a person to provide information, or to produce a document, even though the information or document is legally professionally privileged, if the information or document—

4. is contained in, or is all or a part of, a record prepared by or kept in connection with a lawyer’s trust account; and
5. consists wholly or partly of, or relates wholly or partly to,—
   1. the receipts, payments, income, expenditure, or financial transactions of a specified person (whether the lawyer, the lawyer’s client, or any other person); or
   2. investment receipts (being receipts arising or accruing from any money lodged at any time with a lawyer for investment) of any person or persons (whether the lawyer, the lawyer’s clients, or any other person or persons).

6. Record, in subclause (3), includes a record that is an account, an audio or audiovisual record, a book, an electronic record, or a statement.

7. If a person refuses to disclose information or a document on the ground that it is privileged under subclause (1) or (3), MSD or that person or another person to whom the information or document relates may apply to a District Court Judge for an order determining whether or not the claim of privilege is valid.

8. The Judge may, for the purposes of determining the application, require the information or document to be produced to the court.

9. In this clause and clause 9,—

   lawyer means either or both of the following:

   1. a person who is or has been a barrister or solicitor of the High Court (whether or not the barrister or solicitor is or has been a lawyer as defined in section 6 of the Lawyers and Conveyancers Act 2006):
   2. a firm or an incorporated law firm (within the meaning of the Lawyers and Conveyancers Act 2006) in which a lawyer to whom paragraph (a) applies is or has been, or is or has been held out to be, a partner, director, or shareholder

   trust account, in relation to a lawyer, has the same meaning as in section 6 of the Lawyers and Conveyancers Act 2006.

5Offences

1. A person commits an offence if the person—

2. refuses or fails, without reasonable excuse, to comply with a notice given under clause 2 to the extent that the person is capable of complying with it; or
3. purports to comply with a notice given under clause 2 by knowingly or recklessly giving (or attempting to give) information (for example, information in the form of a document or record) that is false or misleading in a material particular.

4. An offence against subclause (1)(a) is a strict liability offence, and therefore does not require the prosecution to prove that the defendant intended, or knew or was reckless about, the defendant’s refusal or failure.

5. However, in proceedings for an offence against subclause (1)(a)—

6. the prosecutor need not assert in the charging document that the without-reasonable-excuse exception does not apply; and
7. the burden of proving that the without-reasonable-excuse exception applies lies on the defendant.

8. A person who commits an offence against this clause is liable on conviction to a fine not exceeding $2,000.

6Power to obtain for matching purposes information from employers (Repealed)

7Matching of information obtained from employer (Repealed)

8General

1. MSD must, in consultation with the Privacy Commissioner appointed under the Privacy Act 2020, ensure there is in force at all times after the commencement of this clause a code of conduct that is issued by MSD, and that applies in respect of requirements under clause 2 for a person to give MSD information or documents.

2. MSD must in making a requirement under clause 2 comply with every issued code of conduct.

3. The code of conduct—

4. must include the matters specified in clause 9; and
5. may include restrictions on obtaining, using a requirement under clause 2, the following:
   1. specified classes of information or documents; and
   2. information or documents from specified classes of persons or from persons in specified relationships; and
6. must specify procedures that apply to the obtaining of information or documents under clause 2.

7. MSD may from time to time, in consultation with the Privacy Commissioner, amend, revoke, or revoke and replace an issued code of conduct.

9Matters to be included

1. The code of conduct issued under clause 8 must contain the following matters:

2. provisions that, before a requirement under clause 2 is issued to a person other than the beneficiary, and except if compliance with the provisions would prejudice the maintenance of the law, do the following:
   1. require any information or document to first be sought from a beneficiary; and
   2. allow the beneficiary a reasonable time to provide it:
3. a provision prohibiting a requirement under clause 2 being made in respect of a beneficiary to a person (other than the beneficiary, an employer or former employer of the beneficiary, a financial institution, or a lawyer) unless there is reasonable cause to make a requirement under that clause:
4. a provision prohibiting a requirement under clause 2 being made to an employer in respect of any information or document that relates solely to the marital or relationship status of an employee or former employee of that employer:
5. provisions otherwise restricting requirements under clause 2 made to employers to specified information relating to the employment, and address, of the employers’ employees or former employees.

6. In subclause (1)(b), reasonable cause includes—

7. cause to suspect that the beneficiary has committed an offence under this Act, under regulations made under this Act, or under the Residential Care and Disability Support Services Act 2018, or has obtained by fraud any payment or credit or advance under this Act:
8. the fact that the beneficiary or a spouse or partner of that beneficiary has failed within a reasonable time, or refused, to provide any information or produce any document in accordance with a request or requirement made to that person in accordance with subclause (1)(a).

10Relationship with Privacy Act 2020 code of practice

1. Nothing in the code of conduct can affect any code of practice issued by the Privacy Commissioner under Part 3 of the Privacy Act 2020 that applies to the information required under clause 2, and MSD, in consultation with the Privacy Commissioner, must amend the code of conduct to conform with any code of practice of that kind.

2. Subclause (1) is subject to regulations made under subclause (3).

3. The Governor-General may, on the advice of the Minister given after consultation with the Privacy Commissioner, by Order in Council, make regulations under section 418(1)(p) authorising MSD to obtain all or any of the following using a requirement under clause 2, even though the making of that requirement would otherwise be in breach of any code of practice issued by the Privacy Commissioner under Part 3 of the Privacy Act 2020:

4. any specified class of information or document:
5. information or documents from any specified class of persons:
6. information or documents in any specified manner.

11Availability

1. As soon as practicable after issuing a code or an amendment to it, MSD must ensure it is published in a form accessible to the public.

2. Repealed

12Complaints of breach

1. This clause applies to a person who—

2. is required by a requirement under clause 2 to give any information or document; or
3. is the subject of the information or document required by the requirement under clause 2.

4. The person may make a complaint to the Privacy Commissioner that the requirement breaches the code of conduct issued under clause 8.

5. Parts 5 and 6 of the Privacy Act 2020 apply to the complaint as if the code of conduct were a code of practice issued under Part 3 of that Act.

13Beneficiary contact details for fines enforcement

1. The purpose of this clause is to enable the Ministry of Justice to locate a beneficiary who is in default in the payment of a fine (and this clause for that purpose authorises the disclosure of information by MSD, and to the Ministry of Justice).

2. The chief executive of the Ministry of Justice may for the purpose of this clause request MSD to supply, from information kept by MSD, a beneficiary’s last known address and telephone number.

3. The request must be made in accordance with arrangements made by the chief executive of the Ministry of Justice with MSD.

4. For each item of information to be supplied, MSD must include the date when the information was most recently updated.

5. After receiving the request, MSD may supply the information requested—

6. to a Ministry of Justice officer or employee whom the chief executive of the Ministry of Justice has authorised to receive that information; and
7. in a form determined by the chief executive of the Ministry of Justice and MSD.

8. On or after 1 December 2020, no information may be supplied under this clause except under—

9. an information matching agreement entered into under Part 10 of the Privacy Act 1993 and continued by clause 11 of Schedule 1 of the Privacy Act 2020; or
10. an approved information sharing agreement entered into under subpart 1 of Part 7 of the Privacy Act 2020.

11. In this clause, unless the context otherwise requires,—

    beneficiary means a person who is all or any of the following:

    1. a person who has been granted a benefit:
    2. a person in respect of whom a benefit, or part of a benefit, has been granted:
    3. a person who was formerly receiving a benefit:
    4. a person from whom any liable parent contributions to which section 256(1) of the Child Support Act 1991 applies may be recovered:
    5. a person from whom any maintenance payment to which section 259(1) of the Child Support Act 1991 applies may be recovered

    benefit means all or any of the following:

    1. a benefit as defined in Schedule 2:
    2. a lump sum (funeral grant) payable under section 90:
    3. any special assistance granted under a programme approved under section 101

    fine means—

    1. a fine as defined in section 79 of the Summary Proceedings Act 1957:
    2. a fine to which section 19 of the Crimes Act 1961 applies:
    3. a fine to which section 43 or 45 of the Misuse of Drugs Amendment Act 1978 applies:
    4. any amount payable under section 138A(1) of the Sentencing Act 2002.

14Address details for birth registration purposes (Repealed)

15Warrant to arrest information for determining effect on benefit

1. The purpose of this clause is to enable MSD to implement effectively section 209 (and this clause for that purpose authorises and requires the disclosure of information by the chief executive of the Ministry of Justice and the Ministry of Justice, and to MSD).

2. The chief executive of the Ministry of Justice must from time to time for the purpose of this clause give MSD information about relevant individuals.

3. An individual is relevant only if a New Zealand court has (or 1 or more of its Judges or Registrars have), at least 28 days before the information is given, issued, in criminal proceedings against the individual for an offence, a warrant for the individual’s arrest, and the warrant has not been executed or withdrawn.

4. The information must be given—

5. unless an enactment or a court’s order or direction prevents the giving of the information; and
6. in accordance with arrangements made by the chief executive of the Ministry of Justice with MSD; and
7. in a form determined by agreement between the chief executive of the Ministry of Justice and MSD.

8. The information given must include (without limitation)—

9. the individual’s name (including any alias), date of birth, and last known address; and
10. the nature of the offence charged.

11. Information given by the chief executive of the Ministry of Justice to MSD may be given by MSD to an employee who is—

12. an MSD employee; and
13. authorised by the chief executive to receive it.

14. On or after 1 December 2020, no information may be given under this clause except under—

15. an information matching agreement entered into under Part 10 of the Privacy Act 1993 and continued by clause 11 of Schedule 1 of the Privacy Act 2020; or
16. an approved information sharing agreement entered into under subpart 1 of Part 7 of the Privacy Act 2020.

16Disclosure for services to young people not in education or training

1. MSD may enter into an agreement under subpart 1 of Part 7 of the Privacy Act 2020 with the chief executive of the Ministry of Education relating to the sharing, for the purposes of facilitating the provision of services of a kind described in section 365(1)(a), of information about young people who have ceased to be enrolled at 1 or both of the following:

2. a registered school (as defined in section 10(1) of the Education and Training Act 2020); or
3. a tertiary education organisation (being an organisation as defined in section 10(1) of that Act).

4. While the agreement is in force, the chief executive of the Ministry of Education—

5. may provide to MSD any information to which subclause (1) applies and that the chief executive of the Ministry of Education considers may facilitate the provision by MSD of services of a kind described in section 365(1)(a); and
6. may use national student numbers for the purpose of gathering the information.

7. Subclause (2) overrides clause 4(1)(c) of Schedule 24 of the Education and Training Act 2020.

17Purpose of clause 18

1. The purpose of clause 18 is to authorise local agencies (for example, schools, primary health organisations, and the New Zealand Police) to disclose relevant personal information about a young person to MSD or a contracted service provider if the agency concerned considers it relevant to the performance or exercise of duties, functions, or powers under this Act in respect of the young person.

18Disclosure of information relevant to young people functions

1. An agency specified by the Governor-General by Order in Council for the purposes of this subclause may, for the purposes of this clause, disclose any information about a young person to MSD, if satisfied on reasonable grounds that—

2. subclause (3) applies to the young person; and
3. the information will assist MSD in—
   1. performing any function, or exercising any power, related to financial support for young people; or
   2. achieving any of the purposes of this Act.

4. An agency specified by the Governor-General by Order in Council for the purposes of this subclause may, for the purposes of this clause, disclose any information about a young person to a contracted service provider, if satisfied on reasonable grounds that—

5. the provider is the young person’s contracted service provider; and
6. subclause (3) applies to the young person; and
7. the information will assist the provider in providing services under a contract under section 373.

8. This subclause applies to a young person if the young person—

9. has applied for or is receiving a youth support payment; or
10. is subject to obligations under section 166 or 167; or
11. has left or finished education, and is not or may not be in employment or training; or
12. has left or finished training, and is not or may not be in employment.

13. An order under this clause is secondary legislation (see Part 3 of the Legislation Act 2019 for publication requirements).

19Purpose of clause 20

1. The purpose of clause 20 is—

2. to authorise MSD and any contracted service provider to disclose to each other relevant personal information about persons to whom the provider's contract under section 373 applies; and
3. to assist MSD to exercise and perform powers and functions under the provisions specified in section 373(1)(a) or, as the case requires, 373(1)(b) and the provider to provide services under the contract; and
4. to enable the prescription of—
   1. the circumstances in which the personal information may be disclosed; and
   2. conditions governing the disclosure of the personal information; and
   3. conditions governing the way in which the personal information is to be dealt with by the person to whom it is disclosed.

20Disclosure of information about people to whom service provider’s contract applies

1. This clause applies to any personal information about a person or persons to whom a contract under section 373 applies that is held by the contracted service provider concerned or MSD.

2. For the purposes of this clause, regulations made under section 418(1)(q) may state—

3. the circumstances in which a contracted service provider and its employees may release or disclose to MSD and MSD employees information to which this clause applies held by the contracted service provider and the conditions with which MSD and MSD employees must comply in dealing with the information; or
4. the circumstances in which MSD and MSD employees may release or disclose to a contracted service provider and its employees information to which this clause applies held by MSD and the conditions with which the contracted service provider and its employees must comply in dealing with the information.

5. If satisfied on reasonable grounds that its disclosure is in accordance with regulations of the kind referred to in subclause (2), MSD, an MSD employee, a contracted service provider, or an employee of a contracted service provider may release or disclose information to which this clause applies.

6. Nothing in this clause requires MSD, MSD employees, a contracted service provider, or employees of a contracted service provider to release or disclose any information.

7. In this clause,—

   employee, in relation to a contracted service provider, includes a volunteer

   held includes deemed for the purposes of the Official Information Act 1982 to be held.

21Complaints of breach of requirements for disclosure

1. A person may complain to the Privacy Commissioner if personal information relating to the person has been disclosed under an information-sharing agreement under clause 16(1), on the ground that the disclosure was in breach of the agreement.

2. A person may complain to the Privacy Commissioner if personal information relating to the person has been disclosed under clause 18 or 20, on the ground that the disclosure was in breach of—

3. the requirements of clause 18; or
4. regulations of the kind referred to in clause 20.

5. Parts 5 and 6 of the Privacy Act 2020—

6. apply to a complaint under subclause (1) as if the information sharing agreement concerned were a code of practice issued under Part 3 of that Act; and
7. apply to a complaint under subclause (2) as if clause 18 and the regulations concerned together constituted a code of practice issued under Part 3 of that Act.