Customs and Excise Act 2018

Administrative provisions - Disclosure of information

304: Definitions for subpart

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When you read this part of the law, you need to know what some words mean. To access a database means to look at the information in it, even if you are not right next to it. You can access a database from another room or even from another city.

The law talks about arrival and departure information, which is details about you when you enter or leave New Zealand. This includes your full name, date of birth, sex, passport number, and nationality. It also includes the flight number or ship name you used to travel, and the date and time you arrived or left.

There are two types of information that Customs keeps, called Category 1 and Category 2. Category 1 information is about people, goods, and craft, but it does not include Category 2 information. Category 2 information includes details about when you arrive or leave, biometric information, and other personal details.

The chief executive of a government agency is the person in charge, and this can include the Commissioner of Police. The Commissioner is the person in charge of Inland Revenue, as defined in the Tax Administration Act 1994. A database is a system that stores information, and a government agency is an organisation that works for the government.

A government agency can be a public service agency, a Crown agent, or an independent Crown entity, but it does not include some specific agencies like the New Zealand Customs Service. You can find more information about what a government agency is in the Public Service Act 2020 and the Crown Entities Act 2004. Identifying information is details that can be used to identify you, but it does not include biometric information.

An organisation is a group of people, and a private sector organisation is one that is not part of the government. A terrorist act is defined in the Terrorism Suppression Act 2002.

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Part 5Administrative provisions
Disclosure of information

304Definitions for subpart

  1. In this subpart, unless the context otherwise requires,—

    access a database includes to access a database remotely

      arrival and departure information, in relation to any person, means—

      1. the person’s full name:
        1. the person’s date of birth:
          1. the person’s sex:
            1. the person’s passport number:
              1. the person’s nationality:
                1. if the person has arrived or, as the case may be, departed by aircraft, the flight number of the aircraft:
                  1. if the person has arrived or, as the case may be, departed by ship, the name of the ship:
                    1. the date and time that the person arrived in or, as the case may be, departed from New Zealand

                      Category 1 information means any information held by Customs,—

                      1. including information relating to—
                        1. persons:
                          1. goods:
                            1. craft; but
                            2. excluding Category 2 information

                              Category 2 information means—

                              1. the following information in relation to any person:
                                1. arrival and departure information:
                                  1. biometric information:
                                    1. passenger name record information; and
                                    2. intelligence assessments and reports generated by Customs

                                      chief executive of a government agency includes the Commissioner of Police

                                        Commissioner means the Commissioner of Inland Revenue (as that term is defined in section 3(1) of the Tax Administration Act 1994)

                                          database means any information recording system or facility used by Customs to store information

                                            government agency means—

                                            1. a public service agency (as defined in section 5 of the Public Service Act 2020), other than—
                                              1. the New Zealand Customs Service; and
                                                1. the Government Communications Security Bureau; and
                                                  1. the New Zealand Security Intelligence Service; and
                                                    1. Statistics New Zealand:
                                                    2. a Crown agent named in Part 1 of Schedule 1 of the Crown Entities Act 2004:
                                                      1. an independent Crown entity named in Part 3 of Schedule 1 of the Crown Entities Act 2004:
                                                        1. the New Zealand Police:
                                                          1. the New Zealand Defence Force

                                                            identifying information means information that identifies a person, but does not include biometric information

                                                              organisation means a body of persons, whether corporate or unincorporate, in New Zealand

                                                                private sector organisation means an organisation in the private sector

                                                                  terrorist act has the meaning given to that term in section 5(1) of the Terrorism Suppression Act 2002.

                                                                  Notes
                                                                  • Section 304 government agency paragraph (a): replaced, on , by section 135 of the Public Service Act 2020 (2020 No 40).