NEW ZEALAND GAZETTE

No. 42

1.2 Ambit of the Code

The Code applies only to requirements for information or documents made under section 11 for the purposes set out in section 11 (2) of the Act (“s.11”).

1.3 This Code will be reviewed in 12 months.

2. Steps to be taken prior to making a section 11 requirement

2.1 When seeking information about a beneficiary, as that term is defined in section 3 (1) of the Act (“beneficiary”), the Director-General or any delegated officer must, prior to issuing a section 11 requirement to a person other than the beneficiary—

a) request the information or documents, which are to be the subject of the section 11 requirement, from the beneficiary; and

b) give the beneficiary a reasonable time to respond to the request for information or documents and inform the beneficiary of the time within which the beneficiary is required to respond;

except where the Director-General or any delegated officer reasonably believes compliance would prejudice the maintenance of the law, or where the Director-General is unable to locate the beneficiary.

2.2 Prejudice to maintenance of the law defined

Without limiting the meaning of the expression “prejudice the maintenance of the law” in clause 2.1, a request for information or documents from the beneficiary would prejudice the maintenance of the law where making the request—

a) would prejudice—

i) the prevention, detection, investigation, prosecution or punishment of an offence; or

ii) the imposition of a pecuniary penalty; or

b) would result in the beneficiary leaving New Zealand with intent to defeat an investigation into his or her benefit; or

c) would result in the beneficiary destroying or otherwise tampering with relevant evidence.

3. Process for making section 11 requirements

3.1 Section 11 requirements must be for an authorised purpose

The Director-General or any delegated officer may only exercise the power under section 11 for one or more of the purposes listed in section 11 (2), as set out in Appendix 1.

3.2 Form and content of section 11 requirement

Every requirement made to a person pursuant to section 11 for a purpose set out in section 11 (2) must—

a) be in writing; and

b) specify that the requirement is made under section 11 of the Act; and

c) specify the information or documents sought; and

d) specify the date by or period within which the person must supply the required information or documents.

3.3 The date or period must not be less than five (5) working days after the notice of the requirement is given.

4. Section 11 requirements to beneficiaries

4.1 The Director-General or any delegated officer may require a beneficiary to supply information or documents under section 11.

5. Section 11 requirements to financial institutions, law practitioners, employers and former employers

5.1 Having complied with clause 2.1 of the Code, the Director-General or any delegated officer may make a requirement under section 11 in respect of a beneficiary to any financial institution, law practitioner, employer or former employer.

5.2 Restriction on type of information sought from employers and former employers

Section 11 requirements to employers or former employers must—

a) require only information or documents relating to the employment and address of an employee or former employee; and

b) not require employers or former employers to provide information or documents which relate solely to the marital status of an employee or former employee.

6. Section 11 requirements to other persons

6.1 Having complied with clause 2.1 and subject to clauses 6.3 to 6.4 of the Code, the Director-General or any delegated officer may issue a requirement under section 11 to any other person if he or she has reasonable cause to make such a requirement.

6.2 Reasonable cause defined

Reasonable cause includes—

a) cause to suspect that a beneficiary who is receiving, or has received, or made a claim for, a benefit or payment under the Act or under the Social Welfare (Transitional Provisions) Act 1990, or a community services card under the Health Entitlement Card Regulations 1993, is or was not entitled to receive that benefit or rate of benefit or payment or card.

b) where a beneficiary has been identified on the basis of a discrepancy produced by an authorised information matching programme (as those terms are defined in Part X of the Privacy Act 1993) conducted by the Department; or

c) cause to suspect that the beneficiary has committed an offence under the Act or has obtained or fraud under the Act; or

d) that the beneficiary or his or her spouse has refused or failed within a reasonable time, to provide any information or produce any document which he or she has been requested to provide; or

e) being unable to locate the whereabouts of any beneficiary who is indebted to the Crown; or

f) being unable to satisfactorily ascertain the financial circumstances of any beneficiary who is indebted to the Crown.

6.3 Restriction on type of information sought from the Education Sector

The Director-General or any delegated officer must not under section 11 require any early childhood centre within the meaning of section 308 (1) of the Education Act 1989, including any kindergarten, crèche, play centre, or kohanga reo, or any school, or any member of its staff to—

a) Give an opinion about whether a child’s parents or caregivers are married or in a relationship in the nature of marriage; or

b) provide any information concerning any confidential communication made by a beneficiary to a staff member of any early childhood centre or school in the course of a child’s education.

6.4 For the avoidance of doubt, in clauses 6.3 “confidential communication” does not include any information provided by the beneficiary that is recorded on any form, or