NEW ZEALAND GAZETTE, No. 63 — 14 JULY 2016

requirement. If commentary and the requirement to which it relates are inconsistent, the requirement prevails.

Definitions

6. In this direction:

a. Act means the New Zealand Business Number Act 2016;

 **agency** means a Crown entity named in the Schedule;

 **NZBN entity** means an entity eligible for an NZBN under the Act (pursuant to sections 10 to 12 of the Act, the definitions of “entity” and “government agency” in section 5 of the Act and the definitions of “corporate or public entity” and “unincorporated entity” in section 9 of the Act);

 **NZBN** means New Zealand Business Number;

 **Result 9 agencies** means the Accident Compensation Corporation, Callaghan Innovation and New Zealand Trade and Enterprise; and

b. identifier, primary business data, register and Registrar have the same meanings as in section 5 of the Act.

Requirements

8. If a person or system provides the agency a valid NZBN, the agency must be able to identify the NZBN entity that the NZBN applies to (without requiring an additional identifier from the person or system).

   Commentary: This requirement does not prevent an agency seeking further information that is necessary as part of a transaction with the NZBN entity, that is required by law, or that the agency is empowered by an enactment to require be provided to it.

9. The agency must access primary business data on the register that is relevant to the agency’s functions.

   Commentary: An agency may only access primary business data on the register if (pursuant to section 27(1) of the Act), the primary business data is public, an enactment other than the Act authorises the agency to collect that information, or the NZBN entity has consented to the agency accessing that primary business data.

10. To the extent permissible by the Act, the agency must ensure that the Registrar is provided with the (new or updated) primary business data it has been provided by NZBN entities.

    Commentary: An agency is not required to collect, or provide to the Registrar, primary business data of NZBN entities that the agency would not ordinarily collect for its own functions or purposes.

11. If an agency provides primary business data to the Registrar, the agency must first seek the NZBN entity’s consent to provide primary business data to the Registrar (where consent is required).

    Commentary: Consent is required for an agency to provide primary business data to the Registrar about an unincorporated entity as defined in section 9(1)(b) of the Act.

12. If an agency provides to the Registrar primary business data that has been provided to the agency by an NZBN entity, the agency must take reasonable steps to ensure that a person or system:

    a. providing it with an NZBN entity’s primary business data; and

    b. consenting to the primary business data being provided to the Registrar (where consent is required)

    is authorised by the NZBN entity to do so.

    Commentary: This requirement includes taking reasonable steps to verify the identity of any person providing primary business data to the agency. An agency fails to comply with this requirement if, for example, the only step taken to verify the person’s identity is to confirm their name.

13. An NZBN entity’s NZBN must be included in any written outward communication from the agency to the NZBN entity, except for:

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