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Social Security Act 2018

Administration - Use of automated electronic systems in respect of information share child support payments

363A: Use of automated electronic systems to make decisions, exercise powers, comply with obligations, and take related actions

You could also call this:

“Computers can help decide about your benefits, but people are still in charge”

The government can use computer systems to make decisions about benefits and other help you might get. These computer systems can look at information about your money and things you own.

The government has some rules about using these computer systems:

  1. The system must be controlled by the government department.
  2. The system must be reliable and make good decisions.
  3. The government must follow rules about how to use these systems.
  4. There must always be real people available to make decisions if needed.

The government must have a set of rules about using these computer systems. These rules must be:

  1. Approved by the government and the Privacy Commissioner.
  2. Checked at least every three years.
  3. Published where everyone can see them.

When the computer system makes a decision, it’s treated the same as if a person made that decision.

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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=LMS867394.

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363: Duty unaffected by law on mistaken payments, or

“You must pay back money given to you by mistake, even if the giver was wrong about the law or facts”

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363B: Publication of details of arrangements for use of automated electronic systems, or

“Government must tell people when computers make social security decisions”

Part 6 Administration
Use of automated electronic systems in respect of information share child support payments

363AUse of automated electronic systems to make decisions, exercise powers, comply with obligations, and take related actions

  1. MSD may approve the use of an automated electronic system by a specified person to make any decision, exercise any power, comply with any obligation, or take any other related action under any specified provision.

  2. In this subpart,—

    specified person means any of the following performing or exercising a duty, function, or power under a specified provision:

    1. the chief executive of the responsible department:
      1. a public service employee, or other person, acting under a delegation (direct or indirect) from that chief executive

        specified provision has the same meaning as in clause 11 of Schedule 3.

        1. The specified provision must be about how an information share child support payment is or affects any person’s assets, income, or other means of any kind (however described), for the purposes of, or for any purpose related to,—

        2. a benefit; or
          1. any other assistance under this Act.

            1. MSD may approve the use of an automated electronic system only if—

            2. the system is under the responsible department’s control; and
              1. MSD is satisfied that the system has the capacity to make the decision, exercise the power, comply with the obligation, or take the related action with reasonable reliability; and
                1. MSD is satisfied that the use of the system is consistent with the approved standard for MSD’s use of automated electronic systems (see subsections (5) and (6)); and
                  1. 1 or more persons are always available, as an alternative, to make the decision, exercise the power, comply with the obligation, or take the related action.

                    1. MSD must ensure that there is in force at all times after the commencement of this section an approved standard for MSD’s use of automated electronic systems.

                    2. The standard, and any amendment, revocation, or replacement of the standard, must be—

                    3. approved by MSD, in consultation with the Privacy Commissioner appointed under the Privacy Act 2020; and
                      1. reviewed at least once every 3 years; and
                        1. published in the Gazette; and
                          1. published on an Internet site that—
                            1. is maintained by, or on behalf of, the responsible department; and
                              1. is publicly available free of charge.

                              2. A decision that is made, a power that is exercised, an obligation that is complied with, or a related action that is taken using an automated electronic system under this section must be treated for all purposes as if it were made, exercised, complied with, or taken (as the case may be) by a specified person authorised or required by the specified provision to make the decision, exercise the power, comply with the obligation, or take the related action.

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                              Notes
                              • Section 363A: inserted, on , by section 34 of the Child Support (Pass On) Acts Amendment Act 2023 (2023 No 27).