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Customs and Excise Act 2018

Administrative provisions - Automated electronic systems

298: Variation and substitution of decisions made by automated electronic systems

You could also call this:

"A computer's decision can be changed or replaced by a person to make it better for you."

Illustration for Customs and Excise Act 2018

If a computer system makes a decision, you can call this decision the relevant decision. A specified person can change the terms of the relevant decision or add new ones. They can also replace the decision with a new one if they think the new decision could have been made under the same rules and is better for the person affected.

The new decision must follow the same rules as the original decision and must be more favourable to you. The specified person does not have to make any changes to the decision if they do not want to. You can find more information about this by looking at the Customs and Excise Act 2018 and similar laws, such as 1996 No 27 s 274C.

A specified person has the power to make these changes, but they are not forced to use this power.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM7039639.

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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"

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299: Appeals and reviews unaffected, or

"You can still appeal or review a decision made by a computer"

Part 5Administrative provisions
Automated electronic systems

298Variation and substitution of decisions made by automated electronic systems

  1. This section applies to a decision made by an automated electronic system (the relevant decision).

  2. A specified person may—

  3. vary, or add to, the terms or conditions of the relevant decision; or
    1. substitute a decision for the relevant decision if the specified person is satisfied that the new decision—
      1. could have been made under the same specified provision as the relevant decision; and
        1. is more favourable to the affected person.

        2. To avoid doubt, a specified person is not obliged to exercise any power in subsection (2) in respect of the relevant decision.

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