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Privacy Act 2020

Sharing, accessing, and matching personal information - Identity information

168: Power to amend Schedule 3 by Order in Council

You could also call this:

"The Governor-General can change some rules by adding, removing, or updating them with approval."

Illustration for Privacy Act 2020

The Governor-General can change Schedule 3 by Order in Council. You can find Schedule 3 at LMS23735.html. The Governor-General can add, remove, or change items in Schedule 3, or replace it with a new schedule. The Minister must check some things before recommending a change to Schedule 3. The Minister must make sure the agency accessing the information is doing it for a valid reason and only accessing what is necessary. The Minister must also make sure sharing personal information does not conflict with other laws. If the Governor-General makes an Order in Council, it is secondary legislation, which you can learn more about in Part 3 of the Legislation Act 2019.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS23614.

Topics:
Government and voting > Government departmentsRights and equality > Privacy
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167: Annual reporting requirement, or

"Agencies must report each year on how they use and share your personal information."

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169: Purpose of this subpart, or

"Explaining why some government agencies can access certain people's law enforcement information"

Part 7Sharing, accessing, and matching personal information
Identity information

168Power to amend Schedule 3 by Order in Council

  1. The Governor-General may, by Order in Council made on the recommendation of the responsible Minister given after consultation with the Privacy Commissioner, amend Schedule 3 by—

  2. inserting, repealing, amending, or replacing any item in Schedule 3; or
    1. repealing Schedule 3 and substituting a new schedule.

      1. Before recommending the making of an Order in Council facilitating access by an accessing agency to identity information held by a holder agency, the responsible Minister must be satisfied that—

      2. the purpose for which the identity information is to be accessed relates to a specified function of the accessing agency; and
        1. the identity information to be accessed is no more than is reasonably necessary to enable the accessing agency to achieve that purpose; and
          1. any potential conflicts or inconsistencies between the sharing of personal information under Schedule 3 and any other enactment have been identified and appropriately addressed.

            1. An order under this section is secondary legislation (see Part 3 of the Legislation Act 2019 for publication requirements).

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            Notes
            • Section 168(3): inserted, on , by section 3 of the Secondary Legislation Act 2021 (2021 No 7).