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This page is about a bill. That means that it's not the law yet, but some people want it to be the law. It could change quickly, and some of the information is just a draft.

Customer and Product Data Bill

Administrative matters - Accreditation of requestors

105: Decision by chief executive

You could also call this:

“The boss decides if a company can be trusted with data”

This part of the proposed law talks about how the chief executive will decide on applications for accreditation. When making a decision, the chief executive must follow any rules set out in the regulations. They need to think about specific things mentioned in the regulations before deciding.

The chief executive can approve an application if it meets certain conditions. These include:

  • The application follows the rules in section 102
  • The chief executive knows who the applicant is, as explained in section 104
  • The applicant meets any criteria set out in the regulations
  • The people in charge of the applicant’s organisation (like directors and managers) also meet any criteria in the regulations
  • If section 50 applies, the applicant is part of a system to solve disputes

The chief executive can approve all or part of an application. They can also set conditions on the approval, such as:

  • When the approval ends
  • What type of approval it is
  • Rules to make sure the applicant keeps meeting the criteria

The conditions might be stricter than what the applicant asked for. For example, the chief executive might approve fewer types of activities than the applicant wanted.

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This page was last updated on

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS710533.

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“Boss checks who you are before saying yes”

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“The boss must tell you if they agree or disagree with your request”

Part 5 Administrative matters
Accreditation of requestors

105Decision by chief executive

  1. The chief executive must—

  2. have regard to the matters specified in the regulations (if any) before making a decision; and
    1. otherwise make the decision in the manner prescribed in the regulations (if any).

      1. The chief executive may accredit an applicant if—

      2. the application meets the requirements of section 102; and
        1. they know who the applicant is under section 104; and
          1. the applicant meets the criteria or other requirements prescribed by the regulations (if any); and
            1. the applicant’s directors, senior managers, proposed directors, and proposed senior managers meet the criteria or other requirements prescribed by the regulations (if any); and
              1. if section 50 will apply to the applicant, the applicant is, or will be, a member of a dispute resolution scheme for the purposes of that section on and from commencing to act as an accredited requestor.

                1. The chief executive may grant the application—

                2. in full or in part; and
                  1. on the terms and conditions that they think fit, including—
                    1. specifying the date of expiry of the accreditation; and
                      1. specifying the class or classes of accreditation; and
                        1. imposing conditions relating to the matters, criteria, and requirements referred to in subsection (1)(a) and (2)(c) (for example, to ensure that the criteria or requirements continue to be satisfied and to require verification that those criteria and requirements continue to be satisfied).

                        2. Those terms and conditions may be more limited or restrictive than those requested in the application (for example, more restrictive as to the classes of accreditation that are granted).