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Customs and Excise Act 2018

Administrative provisions - Disclosure of information - Disclosure to government agencies

307: Information matching for purposes of Child Support Act 1991

You could also call this:

"Sharing information to help parents pay child support debts"

Illustration for Customs and Excise Act 2018

The government wants to help people pay the money they owe for child support. You might owe money if you have to pay for your child's care, but you haven't paid it. The Customs and Inland Revenue Department will share information to find people who haven't paid. They will share details like when you arrive or leave New Zealand. The Customs and Inland Revenue Department will make a plan for how they share this information, including how often and how they do it.

On or after 1 December 2020, they can only share information if they have an information matching agreement under Part 10 of the Privacy Act 1993 or an approved information sharing agreement under the Privacy Act 2020. A financial support debt is money you owe for your child's care, or a penalty or interest on that money, as defined in section 2(1) of the Child Support Act 1991. You are in serious default if you have a financial support debt and meet criteria agreed by the Commissioner and the Privacy Commissioner.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM7039701.

Topics:
Family and relationships > Children and parentingMoney and consumer rights > Debt collectionGovernment and voting > Government departments
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Part 5Administrative provisions
Disclosure of information: Disclosure to government agencies

307Information matching for purposes of Child Support Act 1991

  1. The purpose of this section is to facilitate the exchange of information between Customs and the Inland Revenue Department for the purpose of assisting the Commissioner to—

  2. locate any person who is in serious default in the payment of any financial support debt; and
    1. take appropriate debt recovery action against that person.

      1. For the purpose of this section, the Commissioner may supply to the chief executive of Customs any identifying information about a person who is in serious default.

      2. If, in relation to a person who is in serious default, identifying information is supplied in accordance with subsection (2), the chief executive of Customs may compare that information with any arrival and departure information held by Customs that relates to that person.

      3. If Customs has information relating to a person who is in serious default, the chief executive of Customs may, for the purpose of this section, supply to the Commissioner any of the following information held by Customs:

      4. the person’s arrival and departure information:
        1. the person’s tax file number:
          1. information provided by the person when arriving in New Zealand or, as the case may be, departing from New Zealand.

            1. The chief executive of Customs and the Commissioner may, for the purpose of this section, determine by written agreement between them—

            2. the frequency with which information may be supplied; and
              1. the form in which information may be supplied; and
                1. the method by which information may be supplied.

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

                  2. 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
                    1. an approved information sharing agreement entered into under subpart 1 of Part 7 of the Privacy Act 2020.

                      1. In this section,—

                        financial support debt means an amount, owing to the Commissioner, of—

                        1. financial support (as that term is defined in section 2(1) of the Child Support Act 1991):
                          1. a penalty or interest under the Child Support Act 1991

                            serious default means the state of having an amount of financial support debt due and owing to the Commissioner and satisfying criteria agreed by the Commissioner and the Privacy Commissioner in consultation with the chief executive.

                            Compare
                            Notes
                            • Section 307(5A): inserted, on , by section 190 of the Privacy Act 2020 (2020 No 31).