Electronic Interactions Reform Bill

Transcription

1 Electronic Interactions Reform Bill Government Bill Explanatory note General policy statement This Bill is an omnibus Bill introduced in accordance with Standing Order 263. The amendments in the Bill deal with an interrelated topic that can be regarded as implementing a single broad policy. This Bill is a cross-agency Bill that amends a range of legislation to enable digital interactions between individuals, businesses, and government agencies. The Bill forms part of ongoing information management and digital transformation work in the State sector. The Bill contains proposals from the Department of Internal Affairs (DIA), the Ministry of Business, Innovation, and Employment (MBIE), and the Department of Conservation (DOC) as follows: DIA is proposing amendments to allow certain services offered by Births, Deaths and Marriages to be completed without requiring statutory declarations, and to remove some restrictions on the use of photographs stored in the Identity Verification Service with the consent of the subject of the photograph; and MBIE is proposing amendments that relate to requirements to appear before government agencies in certain proceedings, and that would allow certain types of notices to be provided electronically; and DOC is proposing amendments relating to the online sale of game hunting licences and online voting for Fish and Game Council elections

2 2 Electronic Interactions Reform Bill Explanatory note Proposals from Department of Internal Affairs Removing requirement for statutory declarations for services offered by Births, Deaths and Marriages Government agencies commonly require individuals to complete a statutory declaration where it is considered necessary to minimise the risk of false or incomplete information being provided. It is an offence under the Crimes Act 1961 to make a false statutory declaration, punishable by up to 3 years imprisonment. A statutory declaration requirement may enhance the integrity of an interaction, but it also restricts the development of end-to-end digital services. A statutory declaration cannot be completed remotely because it must be signed in the presence of a person authorised to witness the statutory declaration. The Electronic Transactions Act 2002 does not enable electronic statutory declarations. The Bill will allow individuals to apply electronically for services offered by Births, Deaths and Marriages that cannot currently be applied for electronically because of a requirement to complete a statutory declaration. The information that is currently verified by way of statutory declaration would be verified in alternative ways, in a manner specified in regulations or by the Registrar-General of Births, Deaths and Marriages, to maintain the integrity of those processes. Removing some restrictions on use of photographs stored in Electronic Identity Verification Service database DIA provides the Government s common login and online identity verification service (RealMe) in partnership with New Zealand Post. The photographs of verified identity holders collected during the application process are stored in the identity verification service (IVS) database. IVS photographs may be disclosed only in accordance with the Electronic Identity Verification Act 2012 (the EIV Act). Under the EIV Act, the use of an IVS photograph is subject to several limitations, even if the individual consents to that photograph being used for another service or product. The limitations were originally put in place to help ensure that the use of IVS photographs is consistent with the principles of RealMe a voluntary, consent-based service that permits the delivery of online services in a secure and privacy-protected way and that allows individuals to have control of their information. Some organisations have expressed an interest in using IVS photographs to replace manual requirements for physical photographs. The Bill will enable an IVS photograph, defined in the Bill as an electronic identity photograph, to be disclosed to organisations with the individual s consent in the following 3 situations: where an individual s photograph is displayed on a photographic identification card (for example, an 18+ card); and where an individual s photograph is displayed on a mobile app (for example, a future driver licence mobile app); and where an individual s photograph is displayed on a public register.

3 Explanatory note Electronic Interactions Reform Bill 3 The Bill will also allow for future changes to the use of electronic identity photographs to be made through an Order in Council, rather than by amending the EIV Act. Proposals from Ministry of Business, Innovation, and Employment Individuals or businesses interacting with government agencies Certain legislation requires individuals or businesses to appear before government agencies. In the absence of specific provisions, providing this type of interaction in a digital environment is not permitted by the Electronic Transactions Act The Bill amends certain Acts to specify that where the government agency agrees, the individual or business concerned can appear remotely using electronic means (such as an audio or video link). Government agencies interacting with individuals or businesses A government agency will sometimes be required to send information and notices, etc, to individuals or businesses, either in response to a communication from an individual or business or on the agency s own initiative. Although the Electronic Transactions Act 2002 allows for communication if the recipient consents, individuals or businesses may unreasonably refuse consent to the communication being in electronic form; for example, the person may refuse consent to avoid receiving a notice. At other times, it may be difficult for a government agency to find a physical or postal address for the intended recipient of a document or notice. Certain Acts within the Commerce and Consumer portfolio contain provisions that do not expressly allow for the sending of general notices by . The Bill amends legislative provisions requiring paper-based communication from government agencies to allow for transmission, with the qualification that recipients have a defence if they can prove that they did not in fact receive an ed notice. Proposals from Department of Conservation Enabling digital creation of game bird hunting licences Under section 19A(1) of the Wildlife Act 1953, the Minister of Conservation may require that a game bird habitat stamp be affixed to every licence to hunt or kill game. The requirement to attach a stamp enables the New Zealand Game Bird Habitat Trust Board to collect revenue for its work. However, this requirement creates an impediment for the online sale of game bird hunting licences. Further, in the future, there is expected to be a demand for electronic non-physical licences. These might be carried by recreational game hunters in the form of an image on a portable electronic device. Attaching a physical stamp to a non-physical licence is not possible. Allowing the incorporation of an image of a game bird habitat stamp within a game hunting non-physical licence will meet the anticipated future need. The Bill amends section 19A of the Wildlife Act 1953 to allow the image of the current year s game bird habitat stamp to be incorporated within a licence to hunt or kill

4 4 Electronic Interactions Reform Bill Explanatory note game as an alternative to physically attaching an actual stamp to the licence. That change would allow the online sale of game bird hunting licences and would also support likely future demand for electronic non-physical licences. Enabling online voting in Fish and Game Council elections Every holder of an adult whole-season licence for sports fishing or game hunting is entitled to vote in Fish and Game Council elections (see section 26Y(1) of the Conservation Act 1987). Currently, section 26Z(1) of the Conservation Act 1987 stipulates that voting in Fish and Game Council elections must be by postal ballot. This prevents voting in Fish and Game Council elections via the Internet. The Bill amends section 26Z(1) of the Conservation Act 1987 to allow for voting via the Internet, alongside postal voting, in Fish and Game Council elections. Departmental disclosure statement The Department of Internal Affairs is required to prepare a disclosure statement to assist with the scrutiny of this Bill. The disclosure statement provides access to information about the policy development of the Bill and identifies any significant or unusual legislative features of the Bill. A copy of the statement can be found at type=bill&subtype=government&year=2016&no=175 Clause 1 is the Title clause. Clause by clause analysis Clause 2 is the commencement clause and provides that the Bill comes into force on the day after the date on which it receives the Royal assent. Part 1 Enabling electronic applications Subpart 1 Amendments to Births, Deaths, Marriages, and Relationships Registration Act 1995 Clause 3 provides that this subpart amends the Births, Deaths, Marriages, and Relationships Registration Act Clause 4 amends section 21A to permit an applicant for registration of a name change to provide a statement that is verified electronically as an alternative to the existing requirement to provide a statutory declaration. Clause 5 consequentially amends section 21B to reflect the changes to section 21A. Clause 6 consequentially amends section 62 to reflect the changes to section 21A. Clause 7 consequentially amends section 62G to reflect the changes to section 21A.

5 Explanatory note Electronic Interactions Reform Bill 5 Clause 8 amends the heading to section 82 to distinguish the powers of inquiry of the Registrar-General in relation to registrable events from the powers of inquiry under new section 82A. Clause 9 inserts new section 82A, which permits the Registrar-General to make inquiries about any information provided or verified electronically under the Births, Deaths, Marriages, and Relationships Registration Act 1995, the Civil Union Act 2004, or the Marriage Act New section 82A also enables the Registrar-General to require a person who verifies information electronically to provide a statutory declaration in support of the information. Clause 10 amends section 87B to make it explicit that the Registrar-General may issue electronic as well as physical forms. Clause 11 amends section 88 to permit regulations to be made to prescribe the manner of verifying a statement electronically under section 21A. Clause 12 amends section 89 to insert a new offence of verifying a statement that the person knows is false that is based on the offence of making a false declaration under section 111 of the Crimes Act Subpart 2 Amendments to Civil Union Act 2004 Clause 13 provides that this subpart amends the Civil Union Act Clause 14 amends section 11 to permit notices of intended civil unions to be given and verified electronically. Clause 15 amends section 32 to extend the offence of making false declarations to include making false verifications of information. Clause 16 amends section 34 to give the Registrar-General powers to specify, for the purposes of section 11 and Schedule 1, the manner in which notices may be given, applications may be made, and information may be verified electronically. The powers includes the power to specify forms but the information required by any specified forms must be prescribed in regulations or required by the Civil Union Act Clause 17 amends clause 1 of Schedule 1 to permit applications to become an exempt body to be made electronically and any signatures to an application to be verified electronically. Subpart 3 Amendments to Marriage Act 1955 Clause 18 provides that this subpart amends the Marriage Act Clause 19 amends section 9 to permit applications for approval as an organisation that may solemnise marriages to be made electronically and any signatures to an application to be verified electronically. Clause 20 consequentially amends section 10 to reflect the amendments to section 9. Clause 21 amends section 23 to permit persons who intend to marry in New Zealand to give notice of marriage electronically and verify information electronically.

6 6 Electronic Interactions Reform Bill Explanatory note Clause 22 amends section 32B to permit religious bodies to apply electronically to become exempt religious bodies in a manner specified by the Registrar-General. Clause 23 amends section 42 to permit persons who intend to marry outside New Zealand to give notice of marriage electronically and verify information electronically. Clause 24 amends section 60 to extend the offence of making false declarations to include making false verifications of information. Clause 25 inserts new section 64AA to give the Registrar-General the power to specify the form of electronic applications and the manner in which information may be verified electronically. Part 2 Enabling use of electronic identity photograph for identity cards, licensing, and public registers Clause 26 provides that this Part amends the Electronic Identity Verification Act Clause 27 amends section 4 to extend the principle that an individual may view the record of usage history for his or her electronic identity credential to permit an individual to view the record of usage history for his or her electronic identity photograph as well. Clause 28 amends section 7, the interpretation section, to insert a new definition of electronic identity photograph and extend the definitions of record of usage history, usage history, and use to include use and usage history of electronic identity photographs. Clause 29 amends the cross-heading above section 16 to clarify that sections 16 to 20 relate to use of electronic identity credentials. Clause 30 inserts new section 20A to permit a person who has access to an individual s electronic identity photograph to supply, with the individual s consent, the most recent photograph of the individual to a participating agency for one of the specified purposes. Clause 31 amends section 22 to replace all references to a photograph with references to an electronic identity photograph. Clause 32 amends section 44 to require the chief executive to keep information about which participating agencies have used an electronic identity photograph for a purpose permitted under new section 20A. Clause 33 amends section 47 to give the chief executive the power to set standards or specifications for use of electronic identity photographs by participating agencies. Clause 34 amends section 48 to give the chief executive the power to require participating agencies to report on use of electronic identity photographs.

7 Explanatory note Electronic Interactions Reform Bill 7 Clause 35 amends section 49 to give the chief executive the power to suspend use of electronic identity photographs by a participating agency. Clause 36 amends section 53 to apply section 54 (which relates to reconsideration of decisions) to decisions to suspend the use of electronic identity photographs by participating agencies. Clause 37 amends section 57 to enable the Privacy Commissioner to require the chief executive to report on the types of transactions or services for which electronic identity photographs are used. Clause 38 amends section 62 to create offences relating to use of electronic identity photographs. Clause 39 amends section 65 to protect the Crown, Ministers of the Crown, and other persons from any liability for damages for any loss or damage that is due directly or indirectly to the use of electronic identity photographs for a purpose set out in new section 20A(1)(c). Clause 40 amends section 68 to enable the Minister to recommend the making of regulations to delete the name of a participating agency if the agency s use of electronic identity photographs has been suspended under section 49. Clause 41 amends section 71 to enable regulations to be made that provide that the regulations do not apply to any fees or charges that are payable to the chief executive by a participating agency or class of participating agencies for the use of electronic identity photographs under new section 20A. Clause 42 amends section 72 to enable regulations to be made to specify other purposes for which the Electronic Identity Verification Service may supply electronic identity photographs to a participating agency under new section 20A. Part 3 Giving evidence and notice by electronic means Subpart 1 Amendments to Commerce Act 1986 Clause 43 provides that this subpart amends the Commerce Act Clause 44 amends section 98 to enable persons to appear before the Commerce Commission by audio link or audiovisual link if the Commission and the person agree. Clause 45 amends section 102 to permit notices or other documents to be served or given by . A notice or document that is ed to a person is to be treated as received on the second working day after ing unless the person proves otherwise. Subpart 2 Amendments to Companies Act 1993 Clause 46 provides that this subpart amends the Companies Act 1993.

8 8 Electronic Interactions Reform Bill Explanatory note Clauses 47 and 48 amend section 388 and 388A respectively to replace references to an electronic address with references to an address for consistency with the amendments to section 390. Clause 49 amends section 390 to permit documents (other than documents in legal proceedings) to be served on overseas companies by . Subpart 3 Amendments to Copyright Act 1994 Clause 50 provides that this subpart amends the Copyright Act Clause 51 amends section 136A to permit written advice under that section to be given by . Written advice that is ed to a person is to be treated as received on the second working day after ing unless the person proves otherwise. Clause 52 amends section 136B to permit a notice of suspension under that section to be given by . A notice of suspension that is ed to a person is to be treated as received on the second working day after ing unless the person proves otherwise. Clause 53 amends section 139 to permit a notice under that section to be given by . A notice that is ed to a person is to be treated as served on the person on the second working day after ing unless the person proves otherwise. Clause 54 amends section 144A to permit a notice under that section to be given by . A notice that is ed to a person is to be treated as served on the person on the second working day after ing unless the person proves otherwise. Clause 55 amends section 144B to permit a notice under that section to be given by . A notice that is ed to a person is to be treated as served on the person on the second working day after ing unless the person proves otherwise. Clause 56 amends section 217 to permit a witness summons to be served by . A witness summons that is ed to a person is to be treated as served on the person on the second working day after ing unless the person proves otherwise. Subpart 4 Amendment to Corporations (Investigation and Management) Act 1989 Clause 57 provides that this subpart amends the Corporations (Investigation and Management) Act Clause 58 amends section 37 to permit notices under section 30 or 31(2) to be given by . A notice ed to a person is to be treated as received on the second working day after ing unless the person proves otherwise. Subpart 5 Amendment to Designs Act 1953 Clause 59 provides that this subpart amends the Designs Act Clause 60 replaces section 48 to permit notices, applications, and other documents to be given by . A notice ed to a person by the Commissioner is to be treated

9 Explanatory note Electronic Interactions Reform Bill 9 as received on the second working day after ing unless the person proves otherwise. Subpart 6 Amendments to Fair Trading Act 1986 Clause 61 provides that this subpart amends the Fair Trading Act Clause 62 amends section 47I to permit notices to be given by . A notice ed to a person is to be treated as received by the person on the second working day after ing unless the person proves otherwise. Subpart 7 Amendments to Financial Advisers Act 2008 Clause 63 provides that this subpart amends the Financial Advisers Act Clause 64 amends section 110 to permit a summons to be served by . A summons ed to a person is to be treated as served on the second working day after ing unless the person proves otherwise. Subpart 8 Amendments to Friendly Societies and Credit Unions Act 1982 Clause 65 provides that this subpart amends the Friendly Societies and Credit Unions Act Clause 66 amends section 26 to permit a notice under that section to be served by . A notice ed to a society or branch is to be treated as served on the person on the second working day after ing unless the society or branch proves otherwise. Subpart 9 Amendments to Insolvency Act 2006 Clause 67 provides that this subpart amends the Insolvency Act Clause 68 amends section 3 to insert definitions of audio link and audiovisual link. Clause 69 amends section 143 to permit a bankrupt to attend before the Assignee by audio link or audiovisual link if the bankrupt and the Assignee agree. Clause 70 amends section 165 to permit a person who is summoned by the Assignee for examination to appear before the Assignee by audio link or audiovisual link if the Assignee and the person agree. Clause 71 amends section 223 to enable the Assignee to give notice to a creditor by . A notice ed to a person is to be treated as received by the person on the second working day after ing unless the person proves otherwise. Subpart 10 Amendment to Patents Act 2013 Clause 72 provides that this subpart amends the Patents Act Clause 73 amends section 233 so that a notice or document sent to a person at an electronic address is treated as received by the person on the second working day after ing, subject to the existing proviso in section 233(4).

10 10 Electronic Interactions Reform Bill Explanatory note Subpart 11 Amendments to Trade Marks Act 2002 Clause 74 provides that this subpart amends the Trade Marks Act Clause 75 amends section 139A to permit written advice under that section to be given by . Written advice that is ed to a person is to be treated as received on the second working day after ing unless the person proves otherwise. Clause 76 amends section 139B to permit a notice of suspension under that section to be given by . A notice of suspension that is ed to a person is to be treated as received on the second working day after ing unless the person proves otherwise. Clause 77 amends section 155B to permit a notice under that section, which requires a person to produce a document, to be given by . A notice that is ed to a person is to be treated as served on the person on the second working day after ing unless the person proves otherwise. Clause 78 amends section 155C to permit a notice under that section, which requires a person to appear before a Customs officer and to answer questions, to be given by . A notice that is ed to a person is to be treated as served on the person on the second working day after ing unless the person proves otherwise. Clause 79 amends section 197 to permit notices to be given by . A notice that is ed to a person is to be treated as received by the person on the second working day after ing unless the person proves otherwise. Part 4 Enabling electronic licences and electronic voting Subpart 1 Amendments to Conservation Act 1987 Clause 80 provides that this subpart amends the Conservation Act Clause 81 repeals sections 26N and 26O and the cross-heading above section 26N (which relate to Transitional Councils and are now redundant). Clause 82 amends section 26Z to enable elections to be conducted by electronic vote. Clause 82(2) repeals section 26Z(2), which is redundant. Subpart 2 Amendments to Wildlife Act 1953 Clause 83 provides that this subpart amends the Wildlife Act Clause 84 amends section 2 to replace the second definition of licence with a definition of game licence to distinguish game licences from other licences referred to in the Wildlife Act 1953 and to extend the definition of associated products to include electronic goods and services (such as electronic licences) and the definition of game bird habitat stamps to include marks (so as to allow game bird habitat stamps to take the form of printed or electronic images).

11 Explanatory note Electronic Interactions Reform Bill 11 Clauses 85, 86, and 87 amend sections 8, 16, and 19 respectively to replace references to licences and licences to hunt or kill game with references to game licences. Clause 88 amends section 19A by replacing the requirement for a game bird habitat stamp to be affixed to a licence with a requirement that it be displayed on a game licence so as to allow game bird habitat stamps to be printed on licences or displayed electronically on electronic licences. Clause 89 amends section 21 to replace references to licences with references to game licences. Clause 90 amends section 44D to replace references to licences with references to game licences and references to affixing with references to displaying. Clause 91 amends section 61 to change certain references to a licence to references to a game licence or other licence or authority. Clause 92 amends section 67E to replace the reference to a licence with a reference to a game licence. Clause 93 amends section 72 to explicitly state that forms that may be prescribed under that section may be electronic forms.

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13 Hon Peter Dunne Electronic Interactions Reform Bill Government Bill Contents Page 1 Title 5 2 Commencement 5 Part 1 Enabling electronic applications Subpart 1 Amendments to Births, Deaths, Marriages, and Relationships Registration Act Principal Act 5 4 Section 21A amended (Application for registration of name 5 change) 5 Section 21B amended (Registration of name change) 6 6 Section 62 amended (Recording new names in relation to 6 marriages) 7 Section 62G amended (Recording new names in relation to civil 6 unions) 8 Section 82 amended (Registrar-General s powers of inquiry) 6 9 New section 82A inserted (Registrar-General s powers of inquiry in relation to information provided or verified electronically) 6 82A Registrar-General s powers of inquiry in relation to information provided or verified electronically 6 10 Section 87B amended (Registrar-General may issue standard 7 forms) 11 Section 88 amended (Regulations) 7 12 Section 89 amended (Offences and penalties) 7 Subpart 2 Amendments to Civil Union Act Principal Act

14 Electronic Interactions Reform Bill 14 Section 11 amended (Notice of civil union, and statutory 7 declaration) 15 Section 32 amended (Offences in connection with false statements 8 relating to civil union) 16 Section 34 amended (Registrar-General) 8 17 Schedule 1 amended 8 Subpart 3 Amendments to Marriage Act Principal Act 9 19 Section 9 amended (Approval of organisations) 9 20 Section 10 amended (Marriage celebrants from approved 10 organisations) 21 Section 23 amended (Notice of marriage) Section 32B amended (Application to become exempt religious 10 body) 23 Section 42 amended (Notice of intended marriage outside New 11 Zealand) 24 Section 60 amended (Offences in connection with false statements 11 and improper solemnisation of marriages) 25 New section 64AA inserted (Registrar-General may specify manner of application and verification of information) 11 64AA Registrar-General may specify manner of application and verification of information 11 Part 2 Enabling use of electronic identity photograph for identity cards, licensing, and public registers 26 Principal Act Section 4 amended (Principles) Section 7 amended (Interpretation) Cross-heading above section 16 amended New section 20A and cross-heading inserted 13 Use of electronic identity photograph 20A Use of electronic identity photograph by participating agency Section 22 amended (Access to photograph) Section 44 amended (Chief executive must keep record of usage 14 history for prescribed period) 33 Section 47 amended (Chief executive may set standards or 14 specifications for use of electronic identity credentials by participating agencies) 34 Section 48 amended (Chief executive may require participating 14 agencies to report on use of electronic identity credentials) 35 Section 49 amended (Chief executive may suspend use of electronic identity credentials by participating agencies) 15 2

15 Electronic Interactions Reform Bill 36 Section 53 amended (Application of section 54) Section 57 amended (Privacy Commissioner may require periodic 15 reports on operation of Service or of confirmation agreement) 38 Section 62 amended (Offences relating to improper access and use) Section 65 amended (Protection from liability) Section 68 amended (When Minister may recommend certain 16 regulations relating to participating agencies) 41 Section 71 amended (Regulations relating to fees) Section 72 amended (Other regulations) 16 Part 3 Giving evidence and notice by electronic means Subpart 1 Amendments to Commerce Act Principal Act Section 98 amended (Commission may require person to supply 16 information or documents or give evidence) 45 Section 102 amended (Service of notices) 16 Subpart 2 Amendments to Companies Act Principal Act Section 388 amended (Service of other documents on companies) Section 388A amended (Service of other documents on directors) Section 390 amended (Service of other documents on overseas companies) 17 Subpart 3 Amendments to Copyright Act Principal Act Section 136A amended (Chief executive may suspend accepted 17 notice) 52 Section 136B amended (Notice of suspension) Section 139 amended (Notice of determination) Section 144A amended (Chief executive may require person to 19 produce documents concerning goods in control of Customs) 55 Section 144B amended (Chief executive may require person to 19 appear and answer questions concerning goods in control of Customs) 56 Section 217 amended (Service of summons) 19 Subpart 4 Amendment to Corporations (Investigation and Management) Act Principal Act Section 37 amended (Miscellaneous provisions relating to notices) 20 Subpart 5 Amendment to Designs Act Principal Act Section 48 replaced (Service of notices, etc, by post) 20 3

16 Electronic Interactions Reform Bill 48 Service of notices 20 Subpart 6 Amendments to Fair Trading Act Principal Act Section 47I amended (Service of notices) 21 Subpart 7 Amendments to Financial Advisers Act Principal Act Section 110 amended (Serving of summons) 21 Subpart 8 Amendments to Friendly Societies and Credit Unions Act Principal Act Section 26 amended (Amendment of rules by Registrar) 22 Subpart 9 Amendments to Insolvency Act Principal Act Section 3 amended (Interpretation) Section 143 amended (Bankrupt must give Assignee information 22 relating to property) 70 Section 165 amended (Assignee may summon bankrupt and others 22 to be examined) 71 Section 223 amended (Means of giving notice to creditors) 22 Subpart 10 Amendment to Patents Act Principal Act Section 233 amended (Service of notices (other than those given to 23 or by Commissioner)) Subpart 11 Amendments to Trade Marks Act Principal Act Section 139A amended (Chief executive may suspend accepted 23 notice) 76 Section 139B amended (Notice of suspension) Section 155B amended (Chief executive may require person to 23 produce documents concerning goods in control of Customs) 78 Section 155C amended (Chief executive may require person to 24 appear and answer questions concerning goods in control of Customs) 79 Section 197 amended (Method of service of notices) 24 Part 4 Enabling electronic licences and electronic voting Subpart 1 Amendments to Conservation Act Principal Act Sections 26N and 26O and cross-heading repealed Section 26Z amended (Conduct of elections) 25 4

17 Electronic Interactions Reform Bill Part 1 cl 4 Subpart 2 Amendments to Wildlife Act Principal Act Section 2 amended (Interpretation) Section 8 amended (Alteration of schedules) Section 16 amended (Notification as to conditions on which open 25 season is declared) 87 Section 19 amended (Licence to hunt or kill game) Section 19A amended (Game bird habitat stamp) Section 21 amended (Holder of licence not to enter on land without 26 consent) 90 Section 44D amended (Functions of Board) Section 61 amended (Person in pursuit of wildlife to comply with 26 demand by authorised officer) 92 Section 67E amended (Penalties for offences in respect of game) Section 72 amended (Regulations) 26 The Parliament of New Zealand enacts as follows: 1 Title This Act is the Electronic Interactions Reform Act Commencement This Act comes into force on the day after the date on which it receives the 5 Royal assent. Part 1 Enabling electronic applications Subpart 1 Amendments to Births, Deaths, Marriages, and Relationships Registration Act Principal Act This subpart amends the Births, Deaths, Marriages, and Relationships Registration Act 1995 (the principal Act). 4 Section 21A amended (Application for registration of name change) (1) In section 21A(2)(c), replace deposit 1 of the following with with provide 15 one of the following to. (2) Replace section 21A(2)(c)(i) with: (i) a statement made, in accordance with subsection (3), by an eligible person or the guardian of an eligible person (accompanied by the eligible person s written consent if the eligible person is

18 Part 1 cl 5 Electronic Interactions Reform Bill years of age or older and the application was made by the eligible person s guardian) and verified (A) (B) electronically in a prescribed manner; or by statutory declaration; or (3) In section 21A(3), replace statutory declaration with statement. 5 (4) In section 21A(3A), replace the statutory declaration referred to in subsection (2)(c)(i) is made with a statutory declaration is made for the purposes of verifying a statement provided under subsection (2)(c)(i). 5 Section 21B amended (Registration of name change) In section 21B(1), replace deposited with with provided to Section 62 amended (Recording new names in relation to marriages) In section 62(3), replace statutory declaration with verified statement. 7 Section 62G amended (Recording new names in relation to civil unions) In section 62G(3), replace statutory declaration is deposited with verified statement is provided Section 82 amended (Registrar-General s powers of inquiry) In the heading to section 82, after inquiry, insert in relation to registrable events. 9 New section 82A inserted (Registrar-General s powers of inquiry in relation to information provided or verified electronically) 20 82A After section 82, insert: Registrar-General s powers of inquiry in relation to information provided or verified electronically (1) The Registrar-General may, if he or she considers it reasonably necessary for the purposes of this Act, the Marriage Act 1955, or the Civil Union Act 2004, 25 make inquiries to satisfy himself or herself that any information verified electronically under section 21A of this Act, section 11 or Schedule 1 of the Civil Union Act 2004, or section 9, 10, 23, 32B, or 42 of the Marriage Act 1955 is true; or an application, statement, or certificate approved electronically under 30 clause 1 of Schedule 1 of the Civil Union Act 2004 or section 9, 10, or 32B of the Marriage Act 1955 is approved by the required persons. (2) The Registrar-General may also require a person who verifies information electronically under section 21A of this Act, clause 1 of Schedule 1 of the Civil Union Act 2004, or section 9, 10, or 32B of the Marriage Act 1955 to make a 35 statutory declaration in support of the information. 6

19 Electronic Interactions Reform Bill Part 1 cl 14 (3) The Registrar-General may also require a person who verifies information electronically under section 11 of the Civil Union Act 2004 or section 23 or 42 of the Marriage Act 1955 to appear personally before a Registrar to make a statutory declaration in support of the information. (4) The Registrar-General may delegate his or her powers under this section to 1 or 5 more Registrars. 10 Section 87B amended (Registrar-General may issue standard forms) In section 87B(1), after forms, insert (including electronic forms). 11 Section 88 amended (Regulations) After section 88(1)(ad), insert: 10 (ae) prescribing, for the purposes of section 21A(2)(c)(i), the manner in which information may be verified electronically, including prescribing (i) when and how the information must be verified: (ii) what evidence must be provided to verify the information: 15 (iii) requirements with which evidence must comply: 12 Section 89 amended (Offences and penalties) (1) After section 89(1)(h), insert: (i) for the purpose of applying for registration of a name change under section 21A, verifies a statement that is and that the person knows to be 20 false and intends to be misleading. (2) After section 89(2A), insert: (2B) A person who commits an offence against subsection (1)(i) is liable, on conviction, to a term of imprisonment not exceeding 3 years. 13 Principal Act Subpart 2 Amendments to Civil Union Act This subpart amends the Civil Union Act 2004 (the principal Act). 14 Section 11 amended (Notice of civil union, and statutory declaration) (1) In the heading to section 11, delete, and statutory declaration. (2) In section 11(1), replace appear personally before the Registrar and give no- 30 tice in the prescribed form of the intended civil union with give notice to the Registrar of the intended civil union in a manner specified by the Registrar- General. (3) Replace section 11(2) with: (2) The person giving notice must verify that 35 7

20 Part 1 cl 15 Electronic Interactions Reform Bill the particulars in the notice are true; and the person believes that the parties are not within the prohibited degrees of civil union or, if they are, an order has been made under section 10 dispensing with the prohibition; and (c) there is no other lawful impediment to the intended civil union. 5 (2A) The information in subsection (2) may be verified electronically in a manner specified by the Registrar-General (see also section 82A of the Births, Deaths, Marriages, and Relationships Registration Act 1995); or by the person giving notice appearing personally before the Registrar 10 and making a statutory declaration. 15 Section 32 amended (Offences in connection with false statements relating to civil union) In section 32, after declaration, insert or verification. 16 Section 34 amended (Registrar-General) 15 In section 34, insert as subsections (2) and (3): (2) The Registrar-General may specify, for the purposes of section 11 and Schedule 1, the manner in which a notice may be given or an application may be made, including specifying 20 (i) (ii) (iii) when and how a notice may be given or an application may be made; and forms (including electronic forms) requiring information or setting out information that must be provided in the notice or application; and 25 requirements in connection with the use of specified forms; and the manner in which information may be verified electronically, including specifying (i) when and how information may be verified; and (ii) what evidence must be provided to verify the information; and 30 (iii) requirements with which evidence must comply. (3) Information required by a form specified under subsection (2)(ii) must be required by this Act or prescribed by regulations. 17 Schedule 1 amended (1) In Schedule 1, clause 1(1), replace the prescribed form with a manner speci- 35 fied by the Registrar-General. (2) In Schedule 1, clause 1(2)(e), after union, insert ; and. 8

21 Electronic Interactions Reform Bill Part 1 cl 19 (3) In Schedule 1, after clause 1(2)(e), insert: (f) any prescribed information. (4) In Schedule 1, replace clause 1(3) with: (3) The application must be signed by at least 10 members of the body who are of or over the age of 5 16, each of whom must state his or her age and address; or approved electronically by, or on behalf of, at least 10 members of the body who are of or over the age of 16 in a manner specified by the Registrar-General (see also section 82A of the Births, Deaths, Marriages, and Relationships Registration Act 1995). 10 (3A) A person who is not a member of the organisation must verify, either electronically in a manner specified by the Registrar-General or by statutory declaration, that the signatories to an application signed under subsection (3) are who they claim to be and are members of the body (see also section 82A of the Births, Deaths, Marriages, and Relationships Registration Act 1995) Principal Act Subpart 3 Amendments to Marriage Act 1955 This subpart amends the Marriage Act 1955 (the principal Act). 19 Section 9 amended (Approval of organisations) Replace section 9(2) and (3) with: 20 (2) The application must be accompanied by a statement setting out the objects and beliefs of the organisation; and the number or, if that cannot be accurately ascertained, the approximate number of members of the organisation who are of or over the age of 18 years. 25 (2A) The statement must be (2B) signed by the persons specified in subsection (2B), each of whom must state his or her age and address; or approved electronically by, or on behalf of, the persons specified in subsection (2B) in a manner specified by the Registrar-General (see also 30 section 82A of the Births, Deaths, Marriages, and Relationships Registration Act 1995). The persons are the chief office bearer and at least 10 members of the organisation who are of or over the age of 18; or 35 9

22 Part 1 cl 20 Electronic Interactions Reform Bill in the case of an organisation whose constitution or tenets do not recognise a chief office bearer, at least 10 members of the organisation who are of or over the age of 18. (3) Another person must verify, either electronically in a manner specified by the Registrar-General or by statutory declaration, that the signatories to a statement 5 signed under subsection (2A) are who they claim to be and are members of the organisation (see also section 82A of the Births, Deaths, Marriages, and Relationships Registration Act 1995). 20 Section 10 amended (Marriage celebrants from approved organisations) Replace section 10(2) with: 10 (2) The certificate must be made or signed in the same manner as a statement under section 9(2A) to (3). 21 Section 23 amended (Notice of marriage) (1) In section 23(1), replace in the prescribed form to a Registrar with to a Registrar in a manner specified by the Registrar-General. 15 (2) Replace section 23(2) with: (2) The person giving notice must verify that (c) the particulars in the notice are true; and he or she believes that the intended marriage is not prohibited by section 15; and 20 there is no other lawful impediment to the intended marriage. (2A) The information in subsection (2) may be verified electronically in a manner specified by the Registrar-General (see also section 82A of the Births, Deaths, Marriages, and Relationships Registration Act 1995); or 25 by the person giving notice appearing personally before the Registrar and making a statutory declaration. (3) In section 23(3), replace Notwithstanding subsection (2) with However. 22 Section 32B amended (Application to become exempt religious body) (1) In section 32B(2), delete signed by the chief office bearer and 10 members 30 of the religious body. (2) Replace section 32B(3) and (4) with: (3) The statement referred to in subsection (2) must be signed by the persons specified in subsection (4), each of whom must state his or her age and address; or 35 approved electronically by, or on behalf of, the persons specified in subsection (4) in a manner specified by the Registrar-General (see also 10

23 Electronic Interactions Reform Bill Part 1 cl 25 (4) The persons are section 82A of the Births, Deaths, Marriages, and Relationships Registration Act 1995). the chief office bearer and at least 10 members of the religious body who are of or over the age of 18; or 5 in the case of a religious body whose rules and procedures or tenets do not recognise a chief office bearer, at least 10 members of the organisation who are of or over the age of 18. (5) Another person must verify, either electronically in a manner specified by the Registrar-General or by statutory declaration, that the signatories to an applica- 10 tion signed under subsection (3) are who they claim to be and are members of the body (see also section 82A of the Births, Deaths, Marriages, and Relationships Registration Act 1995). 23 Section 42 amended (Notice of intended marriage outside New Zealand) (1) In section 42(1), replace the prescribed form with a manner specified by the 15 Registrar-General. (2) Replace section 42(2) with: (2) The person giving notice must verify that the particulars in the notice are true; and he or she believes the intended marriage is not prohibited by Schedule 2; 20 and (c) there is no other lawful impediment to the intended marriage. (2A) The information in subsection (2) may be verified electronically in a manner specified by the Registrar-General (see also section 82A of the Births, Deaths, Marriages, and Relationships Regis- 25 tration Act 1995); or by the person giving notice appearing personally before the Registrar and making a statutory declaration. 24 Section 60 amended (Offences in connection with false statements and improper solemnisation of marriages) 30 In section 60, after declaration, insert or verification. 25 New section 64AA inserted (Registrar-General may specify manner of application and verification of information) After section 64, insert: 64AA Registrar-General may specify manner of application and verification of 35 information (1) The Registrar-General may specify 11

24 Part 2 cl 26 Electronic Interactions Reform Bill the manner in which a notice may be given for the purposes of sections 23 and 42, including specifying (i) (ii) (iii) when, where, and how the notice may be given; and forms (including electronic forms) requiring information or setting out information that must be provided in the notice; and 5 requirements in connection with the use of specified forms; and the manner in which information may be verified electronically for the purposes of sections 9, 10, 23, 32B, and 42, including specifying (i) when and how information must be verified; and (ii) what evidence must be provided to verify the information; and 10 (iii) requirements with which evidence must comply. (2) Information required by a form specified under subsection (1)(ii) must be prescribed by regulations. Part 2 Enabling use of electronic identity photograph for identity cards, 15 licensing, and public registers 26 Principal Act This Part amends the Electronic Identity Verification Act 2012 (the principal Act). 27 Section 4 amended (Principles) 20 In section 4(1)(f), after credential, insert or electronic identity photograph. 28 Section 7 amended (Interpretation) (1) In section 7, insert in its appropriate alphabetical order: electronic identity photograph means a photograph of an individual that is either or both of the following: 25 stored or recorded in or on the Service database: supplied to a participating agency under section 20A (2) In section 7, definition of record of usage history, after credential, insert and each electronic identity photograph. (3) In section 7, definition of usage history, paragraphs and, after creden- 30 tial, insert or electronic identity photograph. (4) In section 7, definition of use, paragraph, after electronic means, insert ; or. (5) In section 7, definition of use, after paragraph, insert: 12

25 Electronic Interactions Reform Bill Part 2 cl 30 (c) in relation to use of an electronic identity photograph by a participating agency, means to use the electronic identity photograph for a purpose described in section 20A(1)(c). 29 Cross-heading above section 16 amended In the cross-heading above section 16, after Use, insert of electronic identity 5 credential. 30 New section 20A and cross-heading inserted After section 20, insert: Use of electronic identity photograph 20A Use of electronic identity photograph by participating agency 10 (1) A person who has access to an individual s electronic identity photograph under section 22(1) may supply the photograph to a participating agency only if the individual who is the subject of the photograph (i) has a current electronic identity credential; and 15 (ii) consents to the supply of the photograph; and the photograph is the photograph most recently provided by, or on behalf of, the individual to the Service in accordance with requirements specified by the chief executive under section 46; and (c) the participating agency requests the photograph for 1 or more of the fol- 20 lowing purposes: (i) (ii) (iii) (iv) (v) to issue an identification card or a licence to the individual with the photograph on it: to issue an electronic licence or a means of identification to the individual that displays the photograph electronically (for example, 25 in a mobile application): to display the photograph in a public register on which the individual is registered: to compare the photograph with a photograph held by the participating agency (the participating agency s photograph) in order 30 to verify the participating agency s photograph for 1 or more of the purposes in paragraphs (i) to (iii): any other purpose permitted by Order in Council made under this Act; and (d) the participating agency has paid or has made arrangements to pay any 35 fees or charges prescribed by regulations made under this Act or set by an agreement referred to in section 71(4)(ii) or (ii). 13