Plain language law

New Zealand law explained for everyone

Privacy Act 2020

Repeal, revocation, and consequential amendments

Schedule 3: Identity information

You could also call this:

“How government agencies can access and use people's identity information”

This schedule explains how different government agencies can access identity information about people. Each agency has specific reasons for needing this information. For example, the Department of Corrections can check the identity of people under their supervision or on bail with electronic monitoring.

The Department of Internal Affairs can verify the identity of people applying for travel documents, citizenship certificates, or electronic identity credentials. Immigration officials can check identities of people travelling to New Zealand, applying for visas, or suspected of breaking immigration laws.

Other agencies like the Ministry of Health, New Zealand Customs Service, New Zealand Police, and the Registrar-General can also access identity information for specific purposes. They can get this information from various other government departments. The schedule lists which agencies can access information from which other agencies for each purpose.

This text is automatically generated. It might be out of date or be missing some parts. Find out more about how we do this.

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS23735.

Topics:

Rights and equality > Privacy

Government and voting > Government departments

Immigration and citizenship > Border control

Immigration and citizenship > Visas

Immigration and citizenship > Becoming a citizen

Schedule 2: Approved information sharing agreements, or

“Government agreements for sharing personal information”

Schedule 4: Law enforcement information, or

“Information about court records, police data, and transport details that law enforcement agencies can access”

3Identity information

This table is medium is size and has 3 columns. Column 1 is headed Accessing agency. Column 2 is headed Purpose for access. Column 3 is headed Holder agency.
Accessing agency			Purpose of access		Holder agency
Department of Corrections			To verify the identity of— a person under control or supervision (as defined in section 3(1) of the Corrections Act 2004): a person who, under section 30B of the Bail Act 2000, has been granted bail with an electronic monitoring condition		Department of Internal Affairs MBIE (Immigration) Ministry of Health and Health New Zealand (only in relation to special patients, restricted patients, and special care recipients) Ministry of Justice New Zealand Police New Zealand Transport Agency Registrar-General

Department of Internal Affairs			To verify the identity of a person who has applied for the issue of— a New Zealand travel document: a certificate of New Zealand citizenship: an electronic identity credential		Department of Corrections MBIE (Immigration) Ministry of Health and Health New Zealand (only in relation to special patients, restricted patients, and special care recipients) New Zealand Police New Zealand Transport Agency

MBIE (Immigration)			To verify the identity of a person— who is seeking to travel to New Zealand: who is arriving in or departing from New Zealand: who is applying for a visa: who an immigration officer has good cause to suspect— has committed an offence against the Immigration Act 2009: has obtained a visa under a fraudulent identity: is liable for deportation or turnaround: is unlawfully in New Zealand		Department of Corrections Department of Internal Affairs Ministry of Health and Health New Zealand (only in relation to special patients, restricted patients, and special care recipients) Ministry of Justice New Zealand Customs Service New Zealand Police New Zealand Transport Agency Registrar-General

Ministry of Health and Health New Zealand			To verify the identity of a person who— is being admitted, or returned, to a hospital as a special patient or restricted patient; or is being admitted, or returned, to a secure facility as a special care recipient		Department of Corrections Department of Internal Affairs MBIE (Immigration) New Zealand Police Registrar-General

New Zealand Customs Service			To verify the identity of a person who— is in a Customs-controlled area; and is departing, or attempting to depart, from New Zealand		Department of Corrections Department of Internal Affairs MBIE (Immigration) Ministry of Health and Health New Zealand (only in relation to special patients, restricted patients, and special care recipients) New Zealand Transport Agency Registrar-General

New Zealand Police			To verify the identity of a person— whose identifying particulars have been taken under section 32 or 33 of the Policing Act 2008: whose identifying particulars have been taken under section 11 of the Returning Offenders (Management and Information) Act 2015: who has breached, has attempted to breach, or is preparing to breach a condition of any sentence, or order imposed under any enactment, that the person not leave New Zealand		Department of Corrections Department of Internal Affairs MBIE (Immigration) Ministry of Health and Health New Zealand (only in relation to special patients, restricted patients, and special care recipients) New Zealand Customs Service New Zealand Transport Agency Registrar-General

Registrar-General			To verify the identity of a person who has applied for the registration of a name change		MBIE (Immigration) Ministry of Health and Health New Zealand (only in relation to special patients, restricted patients, and special care recipients) New Zealand Police New Zealand Transport Agency

Note: References in this schedule to the Department of Internal Affairs are references to the parts of the Department of Internal Affairs that administer the Citizenship Act 1977 and the Passports Act 1992. References in this schedule to MBIE (Immigration) are references to the part of the Ministry of Business, Innovation, and Employment that administers the Immigration Act 2009. References in this schedule to the Registrar-General are references to the Registrar-General appointed under section 124(1) of the Births, Deaths, Marriages, and Relationships Registration Act 2021, and include a Deputy Registrar-General.

Notes

Schedule 3: amended, on 30 June 2024, by section 43 of the Pae Ora (Disestablishment of Māori Health Authority) Amendment Act 2024 (2024 No 5).
Schedule 3: amended, on 1 July 2022, by section 104 of the Pae Ora (Healthy Futures) Act 2022 (2022 No 30).
Schedule 3 note 3: amended, on 15 June 2023, by section 147 of the Births, Deaths, Marriages, and Relationships Registration Act 2021 (2021 No 57).