138Interpretation

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

   adverse action has the meaning given to it in section 177

   agency means a New Zealand agency that is—

   1. a public sector agency; or
   2. a New Zealand private sector agency

   approved information sharing agreement means an information sharing agreement approved by an Order in Council that is for the time being in force

   department—

   1. means—
      1. a government department named in Part 1 of Schedule 1 of the Ombudsmen Act 1975:
      2. an interdepartmental venture:
      3. a departmental agency hosted by a government department named in Part 1 of Schedule 1 of the Ombudsmen Act 1975; and
   2. includes—
      1. the New Zealand Police:
      2. the New Zealand Transport Agency

   information sharing agreement or agreement means an agreement between or within agencies that enables the sharing of personal information (whether or not the sharing also includes information that is not personal information) to facilitate the provision of a public service

   lead agency means a department, part of a public sector agency that is a department, or specified organisation that enters into an information sharing agreement and is designated as the lead agency in—

   1. the agreement; and
   2. the Order in Council approving the agreement

   local authority means a local authority or public body named or specified in Schedule 1 of the Local Government Official Information and Meetings Act 1987

   New Zealand private sector agency has the meaning given to it in section 7(1)

   Order in Council, except in section 161, means an Order in Council made under section 145(1)

   organisation means—

   1. an organisation named in Part 2 of Schedule 1 of the Ombudsmen Act 1975; and
   2. an organisation named in Schedule 1 of the Official Information Act 1982

   overseas agency means an agency that is not a New Zealand agency

   public sector agency means a department, an organisation, or a local authority

   public service means a public function or duty that is conferred or imposed on a public sector agency—

   1. by or under law; or
   2. by a policy of the Government

   relevant Minister means the Minister who, under the authority of any warrant or with the authority of the Prime Minister, is for the time being responsible for a lead agency

   sharing, in relation to any information referred to in an approved information sharing agreement, means all or any of the following activities if authorised by an approved information sharing agreement:

   1. collecting the information:
   2. storing the information:
   3. checking the information:
   4. using the information:
   5. disclosing the information:
   6. exchanging the information:
   7. if necessary, assigning a unique identifier to an individual

   specified organisation means any of the following organisations:

   1. the Accident Compensation Corporation:
   2. the Civil Aviation Authority of New Zealand:
   3. Health New Zealand:
   5. Education New Zealand:
   6. Fire and Emergency New Zealand:
   7. Housing New Zealand Corporation:
   8. the New Zealand Qualifications Authority:
   9. the Tertiary Education Commission:
   10. Toka Tū Ake – Natural Hazards Commission:
   11. WorkSafe New Zealand.

Compare

• 1993 No 28 s 96C

Notes

• Section 138 department: replaced, on 7 August 2020, by section 127 of the Public Service Act 2020 (2020 No 40).
• Section 138 specified organisation paragraph (c): replaced, on 1 July 2022, by section 104 of the Pae Ora (Healthy Futures) Act 2022 (2022 No 30).
• Section 138 specified organisation paragraph (d): repealed, on 1 July 2024, by section 163 of the Natural Hazards Insurance Act 2023 (2023 No 1).
• Section 138 specified organisation paragraph (ia): inserted, on 1 July 2024, by section 163 of the Natural Hazards Insurance Act 2023 (2023 No 1).
• Section 138 specified organisation paragraph (k): repealed, on 30 June 2024, by section 43 of the Pae Ora (Disestablishment of Māori Health Authority) Amendment Act 2024 (2024 No 5).