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Customs and Excise Act 2018

Administrative provisions - Automated electronic systems

296: Use of automated electronic systems by Customs to make decisions, exercise powers, comply with obligations, and take related actions

You could also call this:

"CUSTOMS CAN USE COMPUTERS TO MAKE DECISIONS IF APPROVED BY THE CHIEF EXECUTIVE"

Illustration for Customs and Excise Act 2018

The chief executive can approve computers to make decisions for Customs. You can think of these computers as automated electronic systems. The chief executive can only approve these systems if they are controlled by the chief executive, and if they can make decisions reliably.

The chief executive must also make sure that there are people available to make decisions if the computer system is not working. The computer system can be used to make decisions about things that are not just in New Zealand. It can also be used for other laws, not just the Customs law.

Before the chief executive finalises the arrangements for using the computer system, they must talk to the Privacy Commissioner about how it will affect people's privacy. If a decision is made using the computer system, it is treated as if a person made the decision. You can find more information about this by looking at the related law.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM7039637.

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Government and voting > Government departmentsMoney and consumer rights > Consumer protectionRights and equality > Privacy
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297: Publication of details of arrangements for use of automated electronic systems, or

"Details of computer systems used to make decisions must be made public"

Part 5Administrative provisions
Automated electronic systems

296Use of automated electronic systems by Customs to make decisions, exercise powers, comply with obligations, and take related actions

  1. The chief executive may approve the use of automated electronic systems by a specified person to make any decision, exercise any power, comply with any obligation, or carry out any other related action under any specified provision.

  2. The chief executive may approve the use of an automated electronic system only if—

  3. the system is under the chief executive's control; and
    1. the chief executive 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. 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. An automated electronic system approved under subsection (1)—

        2. may include components that are outside New Zealand; and
          1. may also be used for making decisions, exercising powers, complying with obligations, or taking related actions under other enactments.

            1. The chief executive must consult the Privacy Commissioner on the terms and the privacy implications of any arrangements to use an automated electronic system under subsection (1) before—

            2. finalising the arrangements; or
              1. making any significant variation to the arrangements.

                1. 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 by the specified provision to make the decision, exercise the power, comply with the obligation, or take the related action.

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