New Zealand Business Number Act 2016
Public Act  2016 No 16
Date of assent  15 April 2016
Commencement  see section 2
Contents
Page
1 Title 3
2 Commencement 3
Part 1
Preliminary provisions
Purposes and overview
3 Main purposes 4
4 Overview 4
Interpretation
5 Interpretation 5
Other preliminary provisions
6 Status of examples 6
7 Transitional, savings, and related provisions 7
8 Act binds the Crown 7
Note
Changes authorised by subpart 2 of Part 2 of the Legislation Act 2012 have been made in this official reprint.
Note 4 at the end of this reprint provides a list of the amendments incorporated.
This Act is administered by the Ministry of Business, Innovation, and Employment.Reprint
as at 14 September 2020
1Part 2
Provisions concerning NZBNs, register, Registrar, and
miscellaneous matters
Eligibility for NZBN
9 Meaning of corporate or public entity and unincorporated entity 7
10 Entities eligible for NZBN 7
11 Persons that are more than 1 entity: eligibility for NZBN 8
12 Entities ineligible for NZBN 8
Applications for NZBN
13 Application for NZBN 8
14 Registrar’s powers on application for NZBN 9
Registration of entities
15 Registrar’s power to register eligible entities without application 9
16 Process for registering entity 9
Cancellation of registration
17 Registrar’s power to cancel registration 9
New Zealand Business Number Register
18 Registrar to keep register 10
19 Form of register 10
20 Contents of register 10
21 Public primary business data 10
22 Power to amend Schedules 3 and 4 11
23 Updating register 11
Public and third party access to information in register
24 Manner register to be kept and operated concerning access to
information12
25 Public access to information in register 12
26 Third party access to information in register 12
Government agencies’ powers relating to register and use of
NZBNs
27 Government agencies may access and provide information 12
28 Government agencies may use NZBN 13
29 Government agencies may be empowered to require NZBN 13
Registrar of New Zealand Business Numbers
30 Registrar of New Zealand Business Numbers 13
31 Delegation of Registrar’s duties and powers 14
32 Registrar’s verification powers 14
33 Registrar must notify reasons for certain decisions and appeal
rights15
34 Appeals against decisions of Registrar 15New Zealand Business Number Act 2016Reprinted as at
14 September 2020
235 Privacy Commissioner may require Registrar to report 15
Miscellaneous provisions
36 No legal or beneficial interest in NZBN 16
37 Regulations 16
37A Regulations relating to fees and charges 17
37B Regulations relating to levy 17
37C Minister must consult about fee, charge, or levy regulations 18
38 Giving documents and doing other things in manner determined by
Registrar19
39 Offence in relation to NZBN 19
40 False or misleading statements 19
41 Consequential amendments 20
Schedule 1
Transitional, savings, and related provisions21
Schedule 2
Public register entities22
Schedule 3
Public primary business data23
Schedule 4
Other primary business data24
Schedule 5
Consequential amendments26
The Parliament of New Zealand enacts as follows:
 
1 Title
This Act is the New Zealand Business Number Act 2016.
2 Commencement
(1) This Act comes into force for all purposes, except the purposes referred to in
subsections (2) and (3), 28 days after the date on which it receives the Royal
assent.
(2) This Act comes into force for the purpose of applying to unincorporated
entities on a date to be appointed by the Governor-General by Order in Coun-
cil, and 1 or more orders may be made appointing different dates for the pur-
poses of the Act applying to different types of unincorporated entities.
(3) If, in respect of 1 or more types of unincorporated entity, no order under sub-
section (2) appointing a date is made before 12 December 2016, the Act comes
into force, for the purpose of applying to those unincorporated entities, on that
date.Reprinted as at
14 September 2020 New Zealand Business Number Act 2016 s 2
3Part 1
Preliminary provisions
Purposes and overview
3 Main purposes
The main purposes of this Act are to—
(a) enable eligible entities in New Zealand to interact more easily with gov-
ernment; and
(b) enable eligible entities in New Zealand to interact more easily with one
another; and
(c) reduce transaction costs in New Zealand; and
(d) establish and maintain the New Zealand Business Number Register that
will—
(i) enable an NZBN identifier to be allocated to eligible entities; and
(ii) enable individuals dealing with NZBN entities to use the NZBN;
and
(iii) enable certain information to be collected and shared between
authorised government agencies; and
(iv) make certain information publicly available; and
(e) protect the security and confidentiality of information provided under
this Act and the privacy of individuals in business (within the meaning
set out in section 9(2)).
4 Overview
In this Act,—
(a) Part 1 provides for preliminary matters, including the purposes of this
Act, the application of this Act to the Crown, transitional provisions, and
interpretation:
(b) Part 2 provides for—
(i) which entities are eligible for an NZBN, how entities obtain an
NZBN, and registration of entities in the New Zealand Business
Number Register; and
(ii) the Registrar’s obligations to keep and operate the register, infor-
mation that may be contained in the register, and who may access
that information; and
(iii) government agencies’ powers to access information in the regis-
ter, provide information to the register, and use and require the use
of NZBNs; andPart 1 s 3 New Zealand Business Number Act 2016Reprinted as at
14 September 2020
4(iv) the appointment of the Registrar, the Registrar’s functions and
powers in relation to the register, and rights of appeal against deci-
sions of the Registrar; and
(v) miscellaneous matters, including legal rights in relation to
NZBNs, the power to amend Schedule 3 (which sets out the infor-
mation in the register that must be publicly available) and Sched-
ule 4 (which sets out other information in the register that may be
publicly available), regulation-making powers, offences, conse-
quential amendments to other enactments, and related matters.
Interpretation
5 Interpretation
In this Act, unless the context otherwise requires,—
company  means a company registered under the Companies Act 1993
corporate or public entity  has the meaning set out in section 9(1)(a)
eligible entity  means an entity that is eligible for an NZBN under section 10
entity  includes (without limitation),—
(a) a company or an overseas company:
(b) any other body corporate:
(c) a corporation sole:
(d) a sole trader:
(e) a partnership (within the meaning of section 8(1) of the Partnership Law
Act 2019), or association of persons, whether incorporated or not:
(f) in the case of a trust,—
(i) if the trust has only 1 trustee, the trustee acting in his, her, or its
capacity as trustee; and
(ii) if the trust has more than 1 trustee, the trustees acting jointly in
their capacity as trustees:
(g) a society or a branch of a society registered or deemed to be registered
under the Friendly Societies and Credit Unions Act 1982:
(h) a thing that regulations declare to be an entity for the purposes of this
Act, either generally or in specified circumstances
government agency  means—
(a) a Crown entity under section 7 of the Crown Entities Act 2004:
(b) a department under section 5 of the Public Service Act 2020:
(c) the New Zealand Defence Force:
(d) the New Zealand Police:
(e) [Repealed]Reprinted as at
14 September 2020 New Zealand Business Number Act 2016 Part 1 s 5
5(f) the Parliamentary Counsel Office:
(g) the Office of the Clerk of the House of Representatives:
(h) the Parliamentary Service
identifier  means any number, code, or name used to identify an eligible entity
Minister  means the Minister of the Crown who, under the authority of any
warrant or with the authority of the Prime Minister, is for the time being
responsible for the administration of this Act
NZBN  means New Zealand Business Number
NZBN entity  means an entity that is registered in the register
other primary business data  has the meaning given to it by section 20(2)(b)
overseas company  means a body corporate that is incorporated outside New
Zealand and is registered, or is deemed to be registered, under Part 18 of the
Companies Act 1993
primary business data  has the meaning set out in section 20(2)
public primary business data , in relation to an NZBN entity, means the pri-
mary business data that must be publicly available under section 21
register  means the New Zealand Business Number Register established under
section 18
Registrar  means the person appointed as the Registrar of New Zealand Busi-
ness Numbers under section 30
third party , in relation to an NZBN entity, means a person other than the
NZBN entity or a government agency authorised under section 27(2)
unincorporated entity  has the meaning set out in section 9(1)(b).
Section 5 entity  paragraph (e): amended , on 21 April 2020, by section 86 of the Partnership Law Act
2019 (2019 No 53).
Section 5 entity  paragraph (g): amended , on 1 April 2019, by section 59(2) of the Friendly Societies
and Credit Unions (Regulatory Improvements) Amendment Act 2018 (2018 No 17).
Section 5 government agency  paragraph (b): amended , on 7 August 2020, by section 135 of the
Public Service Act 2020 (2020 No 40).
Section 5 government agency  paragraph (e): repealed , on 28 September 2017, by section 335 of the
Intelligence and Security Act 2017 (2017 No 10).
Other preliminary provisions
6 Status of examples
(1) An example used in this Act is illustrative of the provisions to which it relates.
It does not limit those provisions.
(2) If an example and a provision to which it relates are inconsistent, the provision
prevails.Part 1 s 6 New Zealand Business Number Act 2016Reprinted as at
14 September 2020
67 Transitional, savings, and related provisions
The transitional, savings, and related provisions set out in Schedule 1 have
effect according to their terms.
8 Act binds the Crown
This Act binds the Crown.
Part 2
Provisions concerning NZBNs, register, Registrar, and miscellaneous
matters
Eligibility for NZBN
9 Meaning of corporate or public entity and unincorporated entity
(1) In this Act,—
(a) corporate or public entity  means—
(i) an entity that is already on a public register listed in Schedule 2:
(ii) a government agency:
(iii) any other body corporate or a corporation sole:
(iv) any other entity declared by regulations to be a corporate or public
entity for the purposes of this Act; and
(b) unincorporated entity  means an entity other than a corporate or public
entity (for example, a sole trader, a partnership, or a trustee (or trustees
acting jointly)) that is in business in New Zealand.
(2) In subsection (1)(b), business  means any undertaking—
(a) that is carried on, whether for gain or reward or not; or
(b) in the course of which either of the following occurs, whether free of
charge or not:
(i) goods and services are acquired or supplied; or
(ii) any interest in land is acquired or disposed of.
Compare: 1986 No 121 s 2(1)
10 Entities eligible for NZBN
An entity is eligible for an NZBN if—
(a) it is a corporate or public entity or an unincorporated entity; and
(b) it does not already have an NZBN; and
(c) it is not ineligible for an NZBN under section 11(2) or 12.Reprinted as at
14 September 2020 New Zealand Business Number Act 2016 Part 2 s 10
711 Persons that are more than 1 entity: eligibility for NZBN
(1) A person (natural or otherwise) that is more than 1 entity is eligible to be allo-
cated an NZBN, and be registered on the register, in their or its capacity as
each of those entities.
(2) Despite subsection (1), a person who is a sole trader is eligible to be allocated
only 1 NZBN and be registered on the register only once as a sole trader.
12 Entities ineligible for NZBN
The following entities are ineligible for an NZBN:
(a) an individual in his or her personal capacity (for example, as a consumer
or an employee):
Example
Bill is a student. To help support himself, he runs his own lawn-mowing busi-
ness and works 2 evenings each week at a petrol station.
Bill is not eligible for an NZBN in his personal capacity as an employee of
the petrol station. However, Bill is eligible for an NZBN in his capacity as a
sole trader in business. (In that capacity, he is an unincorporated entity
under section 9 and therefore meets the eligibility criteria in section 10(a).)
(b) an individual in his or her capacity as a member of an unincorporated
entity that is eligible for an NZBN:
Example
Jane Brown and John Smith are partners in the law firm Brown, Smith, and
Associates.
Brown, Smith, and Associates is an entity eligible for an NZBN because it is
a partnership in business in New Zealand (and therefore is an unincorpor-
ated entity under section 9).
However, any legal services that Jane or John provides to clients are ser-
vices provided by the partnership, Brown, Smith, and Associates, in the
course of that entity carrying out its business undertaking, and neither Jane
nor John, as an individual in the capacity of a member of the partnership, is
an entity eligible for an NZBN in relation to those services (paragraph (b) of
this section).
(c) a type of entity that is declared by regulations to be ineligible for an
NZBN.
Applications for NZBN
13 Application for NZBN
(1) An entity that wants to be allocated an NZBN and be registered on the register
may apply for an NZBN.
(2) The application must—
(a) be made in the manner determined by the Registrar; andPart 2 s 11 New Zealand Business Number Act 2016Reprinted as at
14 September 2020
8(b) satisfy any other prescribed requirements.
14 Registrar’s powers on application for NZBN
(1) If an entity applies for an NZBN in accordance with section 13, the Registrar
may—
(a) allocate an NZBN to that entity and register the entity; or
(b) decline to register the entity if the Registrar considers this necessary in
order to—
(i) uphold the integrity of the NZBN and the register; or
(ii) give effect to the purposes of this Act.
(2) The Registrar must decline to register the entity if the Registrar considers that
it is not an eligible entity.
(3) For the Registrar’s powers to verify identities and information, exercisable at
any time, including before or after exercising the powers in this section see sec-
tion 32.
Registration of entities
15 Registrar’s power to register eligible entities without application
The Registrar may allocate an NZBN to an entity and register the entity with-
out the need for it to apply for an NZBN.
16 Process for registering entity
(1) The Registrar registers an entity by—
(a) recording the entity’s NZBN and primary business data in the register;
and
(b) making publicly available the entity’s public primary business data in
accordance with section 21.
(2) As soon as practicable after registering an entity, the Registrar must notify the
entity of the registration.
Cancellation of registration
17 Registrar’s power to cancel registration
The Registrar may cancel the registration of an NZBN entity if the Registrar is
satisfied that—
(a) at the time the Registrar registered the NZBN entity it did not meet the
eligibility criteria in section 10; or
(b) the registration was made in error (for example, as a result of an admin-
istrative error); or
(c) the cancellation is necessary or desirable in order to—Reprinted as at
14 September 2020 New Zealand Business Number Act 2016 Part 2 s 17
9(i) uphold the integrity of the NZBN and the register; or
(ii) give effect to the purposes of this Act.
New Zealand Business Number Register
18 Registrar to keep register
The Registrar must keep and operate a register, to be known as the New Zea-
land Business Number Register, in accordance with this Act and any regula-
tions made under it.
19 Form of register
The register must be in electronic form and may also be kept in any other form
that the Registrar thinks fit.
20 Contents of register
(1) The register may contain only primary business data.
(2) Primary business data , in relation to an NZBN entity, is—
(a) the public primary business data listed in Schedule 3 for that type of
entity; and
(b) the other primary business data listed in Schedule 4  for that type of
entity.
(3) The register must contain the primary business data referred to in subsection
(2)(a) (as applicable) for every NZBN entity.
(4) The register may contain any of the other primary business data listed in Part 1
of Schedule 4 in relation to a corporate or public entity if—
(a) the entity elects to provide that information to the Registrar; or
(b) a government agency provides that information to the Registrar under
section 27(3)(a); or
(c) that information is already available on a public register.
(5) The register may contain any of the other primary business data listed in Part 2
of Schedule 4 in relation to an unincorporated entity if—
(a) the NZBN entity elects to provide that information to the Registrar; or
(b) a government agency provides that information to the Registrar with the
consent of the entity in accordance with section 27(3)(b).
21 Public primary business data
The following primary business data contained in the register for an NZBN
entity must be publicly available:
(a) in the case of a corporate or public entity,—
(i) the data listed in Part 1 of Schedule 3; andPart 2 s 18 New Zealand Business Number Act 2016Reprinted as at
14 September 2020
10(ii) any data listed in Part 1 of Schedule 4 that the entity elects to
make publicly available or that is otherwise available on a public
register; and
(b) in the case of an unincorporated entity,—
(i) the data listed in Part 2 of Schedule 3; and
(ii) any data listed in Part 2 of Schedule 4 that the entity elects to
make publicly available.
22 Power to amend Schedules 3 and 4
(1) The Governor-General may, by Order in Council, on the recommendation of
the Minister made in accordance with subsection (2), amend Schedule 3 or 4 to
add or delete any information or type of information.
(2) The Minister must, before making a recommendation under subsection (1) to—
(a) amend Schedule 3,—
(i) consult the Privacy Commissioner and take into account any
potential privacy effects of the amendment; and
(ii) have regard to the advantages and disadvantages of the informa-
tion or type of information being included in the NZBN register:
(b) amend Schedule 4, have regard to the advantages and disadvantages of
the information or type of information being included in the register.
23 Updating register
(1) The Registrar must ensure that an NZBN entity may access the primary busi-
ness data contained in the register for the entity for the purpose of checking the
accuracy of that data.
(2) The Registrar may, at the request of an NZBN entity, made in the manner deter-
mined by the Registrar, update the primary business data contained in the regis-
ter for that entity.
(3) The Registrar may update the primary business data contained in the register—
(a) for a corporate or public entity; or
(b) for an unincorporated entity, if that entity has consented, in the manner
determined by the Registrar, to the Registrar exercising that power.
(4) Despite subsection (3)(b), the Registrar may, at any time, exercise the follow-
ing powers in relation to any NZBN entity:
(a) update the register to reflect the status of the NZBN entity (for example,
as active or inactive):
(b) amend the register if the Registrar is satisfied that the register contains
an error.Reprinted as at
14 September 2020 New Zealand Business Number Act 2016 Part 2 s 23
11Public and third party access to information in register
24 Manner register to be kept and operated concerning access to information
(1) The Registrar must keep and operate the register in a manner that allows mem-
bers of the public to access and search public primary business data only.
(2) All other primary business data in the register must only be accessible to, and
available for searching by, government agencies that are authorised in accord-
ance with section 27(1) and (2).
25 Public access to information in register
(1) Public primary business data in the NZBN register must be available for access
and searching by members of the public at all times, unless the Registrar sus-
pends the operation of the register in accordance with subsection (2).
(2) The Registrar may refuse access to the register or otherwise suspend the oper-
ation of the register, in whole or in part, if the Registrar thinks that it is not
practical to provide access to the register.
26 Third party access to information in register
(1) The Registrar may—
(a) release primary business data of an NZBN entity to a third party if the
NZBN entity consents to that release; and
(b) release public primary business data, in bulk, to a third party; and
(c) release information to a third party (for example, for research or statis-
tical purposes) if—
(i) that information is aggregate information derived from primary
business data; and
(ii) it is released in a form that could not reasonably be expected to
identify an individual NZBN entity.
(2) A request by a third party to release public primary business data or informa-
tion under subsection (1) must be made in the manner determined by the
Registrar (if any).
(3) The third party must pay the prescribed fee (if any).
Government agencies’ powers relating to register and use of NZBNs
27 Government agencies may access and provide information
(1) A government agency may access and use any public primary business data
contained in the register for an NZBN entity.
(2) A government agency may access and use any other primary business data con-
tained in the register for an NZBN entity if—Part 2 s 24 New Zealand Business Number Act 2016Reprinted as at
14 September 2020
12(a) an enactment, other than this Act, authorises the agency to collect that
information; or
(b) the NZBN entity has consented, in the manner determined by the
Registrar, to the government agency accessing and using that other pri-
mary business data.
(3) A government agency may provide primary business data to the Registrar
about—
(a) a corporate or public entity; or
(b) an unincorporated entity, if that entity has consented, in the manner
determined by the Registrar, to the government agency exercising that
power.
28 Government agencies may use NZBN
A government agency may use the NZBN of an entity (including using it in
addition to, or substitution for, any other identifier the government agency may
use for that entity) if that use is in accordance with the purposes of this Act.
29 Government agencies may be empowered to require NZBN
(1) The Governor-General may, by Order in Council, on the recommendation of
the Minister made in accordance with subsection (2), make regulations author-
ising a government agency to require an eligible entity, or a class of eligible
entity, to which the agency provides services to register for an NZBN and pro-
vide that NZBN to the agency.
(2) Before making a recommendation under subsection (1), the Minister must—
(a) consult the Privacy Commissioner and take into account the potential
privacy effects of the authorisation; and
(b) have regard to the following matters:
(i) the advantages and disadvantages, for eligible entities, of the
authorisation; and
(ii) the potential effects of the authorisation on the government agen-
cy’s costs.
Registrar of New Zealand Business Numbers
30 Registrar of New Zealand Business Numbers
There must be a Registrar of New Zealand Business Numbers, who must be
appointed under the Public Service Act 2020.
Section 30: amended , on 7 August 2020, by section 135 of the Public Service Act 2020  (2020
No 40).Reprinted as at
14 September 2020 New Zealand Business Number Act 2016 Part 2 s 30
1331 Delegation of Registrar’s duties and powers
(1) The Registrar may delegate in writing any of the Registrar’s duties and powers
under this Act, other than this power of delegation.
(2) A delegation may be made to—
(a) a specified person:
(b) persons of a specified class:
(c) the holder of a specified office.
(3) A delegation may be—
(a) general; or
(b) specific; or
(c) limited to performing a duty or exercising a power in relation to a par-
ticular activity or operation or class of activity or operation.
(4) A delegation—
(a) does not affect or prevent the performance of a duty or the exercise of a
power by the Registrar:
(b) does not affect the responsibility of the Registrar for the actions of a per-
son to whom a duty or power is delegated:
(c) may be revoked by the Registrar in writing:
(d) continues in force despite a change in the person holding office as
Registrar:
(e) is subject to any directions or conditions imposed by the Registrar.
(5) A person to whom a duty or power has been delegated may perform the duty or
exercise the power in the same manner and with the same effect as if the duty
or power had been conferred directly on the person by this Act.
(6) A person who purports to act under a delegation is, in the absence of proof to
the contrary, presumed to be acting in accordance with the delegation.
32 Registrar’s verification powers
(1) The Registrar may verify any information provided by, or the identity or
authority of,—
(a) an entity:
(b) a principal of an entity:
(c) an individual who applies for an NZBN on behalf of an entity:
(d) an individual who purports to have authority to act on behalf of an entity
in relation to any other matter under this Act.
(2) The Registrar may require an individual or a principal to provide any documen-
tation or other information (including, without limitation, photographic identi-
fication) that the Registrar considers necessary for the purposes of verifyingPart 2 s 31 New Zealand Business Number Act 2016Reprinted as at
14 September 2020
14information provided by, or the identity or authority of, that person or the rele-
vant entity.
(3) The Registrar may exercise the powers in this section at any time, whether
before or after the Registrar has registered the relevant entity, allocated an
NZBN to the entity, or received an application for an NZBN for the entity.
(4) In this section, principal  means, in relation to—
(a) a company or an overseas company, a person occupying the position of a
director of the company or overseas company, by whatever name called:
(b) a partnership (other than a limited partnership), any partner:
(c) a limited partnership, any general partner:
(d) a charitable entity (within the meaning of the Charities Act 2005), an
officer (within the meaning of that Act):
(e) a body corporate or unincorporate other than a company, partnership, or
limited partnership, any person occupying a position in the body that is
comparable with that of a director of a company.
33 Registrar must notify reasons for certain decisions and appeal rights
If the Registrar makes any of the decisions referred to in section 34(1) and (2) ,
the Registrar must notify the entity or third party who made the request (as
applicable) of the reasons for the Registrar’s decision and of the right of appeal
under section 34.
34 Appeals against decisions of Registrar
(1) An entity may appeal to the High Court against a decision of the Registrar to—
(a) decline to register the entity under section 14(1)(b):
(b) cancel the entity’s registration under section 17:
(c) update or amend the register under section 23(3)(a) or (4).
(2) A third party may appeal to the High Court against a decision of the Registrar
to refuse to release primary business data or information under section 26.
(3) An appeal under this section must be brought—
(a) in accordance with the rules of court; and
(b) within—
(i) 20 working days after the decision appealed against is given; or
(ii) any further time the court allows on application made before or
after that period expires.
35 Privacy Commissioner may require Registrar to report
(1) The Privacy Commissioner may require the Registrar to provide the Privacy
Commissioner with a report on the operation of the register and the collection
and handling of personal information in the register in order for the PrivacyReprinted as at
14 September 2020 New Zealand Business Number Act 2016 Part 2 s 35
15Commissioner to assess the effects that the register has on the privacy of indi-
viduals in business in New Zealand.
(2) Before requiring a report under subsection (1), the Privacy Commissioner must
consult the Registrar on the terms of reference proposed for the report.
(3) In subsection (1), business  has the same meaning as set out in section 9(2).
Miscellaneous provisions
36 No legal or beneficial interest in NZBN
(1) An NZBN entity does not have any legal or beneficial interest in the NZBN
allocated to it, or in the entity’s registration on the NZBN register, and may not
claim any value (for example, goodwill) in the NZBN.
(2) The NZBN allocated to an entity may not be transferred to, or vest by oper-
ation of law in, any other entity.
37 Regulations
(1) The Governor-General may, by Order in Council, on the recommendation of
the Minister made in accordance with subsection (2), make regulations for all
or any of the following purposes:
(a) declaring a thing to be, or in specified circumstances to be, an entity for
the purposes of this Act:
(b) declaring an entity to be a corporate or public entity for the purposes of
this Act:
(c) declaring a type of entity to be ineligible for an NZBN:
(d) prescribing requirements for the purposes of section 13(2)(b):
(e) prescribing how notices and other information may or must be given to,
or provided to, any person under this Act and other matters relating to
that procedure (including when the information is treated as received,
given, or provided, for the purposes of this Act and the regulations):
(f) prescribing periods of time for the purpose of giving notices or other
information, or within which any matter or thing must be done:
(g) [Repealed]
(h) providing for any other matters contemplated by this Act, necessary for
its administration, or necessary for giving it full effect.
(2) The Minister must, before making a recommendation in relation to—
(a) subsection (1)(a), (b), or (c), have regard to the advantages and disad-
vantages of enabling entities to readily ascertain their status for the pur-
poses of this Act; and
(b) subsection (1)(c), in addition to the requirement under paragraph (a),—
(i) consult the Registrar; andPart 2 s 36 New Zealand Business Number Act 2016Reprinted as at
14 September 2020
16(ii) be satisfied that the declaration is necessary or desirable in order
to uphold the integrity of the register.
Section 37(1)(g): repealed, on 6 June 2019, by section 8 of the New Zealand Business Number Fund-
ing (Validation and Authorisation) Act 2019 (2019 No 25).
37A Regulations relating to fees and charges
(1) The Governor-General may, by Order in Council made on the recommendation
of the Minister, make regulations prescribing fees and charges that the
Registrar may require to be paid to the Registrar (or the rate at which, or the
method by which, fees and charges are to be calculated) in connection with the
performance or exercise by the Registrar of any function, power, or duty con-
ferred by or under this Act.
(2) The regulations may—
(a) prescribe the method of payment of a fee or charge; and
(b) authorise the Registrar to refund or waive, in whole or in part and on any
prescribed conditions, payment of a fee or charge in relation to any per-
son or class of persons.
(3) The Registrar may refuse to perform or exercise a function, power, or duty
until the prescribed fee or charge is paid.
(4) Any fee or charge payable to the Registrar is recoverable by the Registrar in
any court of competent jurisdiction as a debt due to the Registrar.
Section 37A: inserted , on 6 June 2019, by section 9 of the New Zealand Business Number Funding
(Validation and Authorisation) Act 2019 (2019 No 25).
37B Regulations relating to levy
(1) Every NZBN entity, or every NZBN entity that is included in a prescribed class
of NZBN entities, must pay to the Crown, or a prescribed person on behalf of
the Crown, a levy prescribed by regulations.
(2) The Governor-General may, by Order in Council made on the recommendation
of the Minister, make regulations providing for the levies.
(3) Levies must be prescribed on the basis that the following costs should be met
fully out of the levies:
(a) a portion of the costs of the Registrar in performing or exercising the
Registrar’s functions, powers, and duties under this Act, where the size
of the portion to be met by levies under this Act is determined by the
Minister; and
(b) the costs of collecting the levy money.
(4) Levies may be prescribed on the basis that any actual cost that could have
been, but has not been, recovered as a levy shortfall for a year may be recov-
ered (along with any financing charge) over any period of up to 5 years.
(5) The regulations may—Reprinted as at
14 September 2020 New Zealand Business Number Act 2016 Part 2 s 37B
17(a) specify the class or classes of NZBN entities that are required to pay a
levy:
(b) specify the amount of levies, or method of calculating or ascertaining the
amount of levies:
(c) include in levies, or provide for the inclusion in levies of, any shortfall in
recovering the actual costs:
(d) refund, or provide for refunds of, any over-recovery of the actual costs:
(e) provide for the payment and collection of levies:
(f) provide different levies for different classes of NZBN entity:
(g) specify the financial year or part financial year to which a levy applies,
and apply that levy to that financial year or part financial year and each
subsequent financial year until the levy is revoked or replaced:
(h) require payment of a levy for a financial year or part financial year, irre-
spective of the fact that the regulations may be made after that financial
year has commenced:
(i) provide for waivers or refunds of the whole or any part of a levy for any
case or class of cases.
(6) If an entity is in 2 or more classes of NZBN entities in respect of which differ-
ent levies have been prescribed, the entity must pay each of those levies (unless
the regulations provide otherwise).
(7) The amount of any unpaid levy is recoverable in any court of competent juris-
diction as a debt due to the Registrar, or to any other person prescribed for the
purposes of this subsection, on behalf of the Crown.
Compare: 2011 No 5 s 68
Section 37B: inserted , on 6 June 2019, by section 9 of the New Zealand Business Number Funding
(Validation and Authorisation) Act 2019 (2019 No 25).
37C Minister must consult about fee, charge, or levy regulations
(1) Before recommending the making of regulations under section 37A or 37B, the
Minister must consult—
(a) the persons that the Minister considers are able to represent the views of
the NZBN entities that will be liable to pay a fee, charge, or levy under
the proposed regulations; and
(b) any other representatives of persons who the Minister believes will be
significantly affected by the proposed regulations.
(2) Regulations made under section 37A or 37B are not invalid on the grounds
that—
(a) subsection (1) was not complied with before the Minister recommended
the making of the regulations; orPart 2 s 37C New Zealand Business Number Act 2016Reprinted as at
14 September 2020
18(b) the consultation carried out was about a specific rate or amount of a fee,
charge, or levy that differs from the rate or amount set in the regulations.
Section 37C: inserted , on 6 June 2019, by section 9 of the New Zealand Business Number Funding
(Validation and Authorisation) Act 2019 (2019 No 25).
38 Giving documents and doing other things in manner determined by
Registrar
(1) If this Act requires a document or notification to be given to the Registrar, or a
thing to be done in a manner determined by the Registrar, that document or
notification may be given and that thing may be done in the manner specified
by the Registrar, who, for example, may require notification by electronic
means or may specify any of the following matters:
(a) by whom, when, where, and how the thing must be done:
(b) what other information or documents must be provided with the thing:
(c) requirements with which information, evidence, or documents that are
provided in connection with the thing must comply.
(2) The Registrar may refuse to perform or exercise a function, duty, or power in
relation to the document, notification, or other thing if subsection (1) is not
complied with.
39 Offence in relation to NZBN
(1) Every person commits an offence who, knowing a number to be a false NZBN,
without reasonable excuse—
(a) uses, deals with, or acts upon it as if it were genuine; or
(b) causes another person to use, deal with, or act upon it as if it were genu-
ine.
(2) In subsection (1), false NZBN  means—
(a) a number that is not an NZBN; or
(b) an NZBN that relates to another entity.
(3) Every person who commits an offence under subsection (1) is liable on convic-
tion to a fine not exceeding $250,000.
40 False or misleading statements
(1) Every person commits an offence who—
(a) makes or gives, or authorises the making or giving of, a statement, docu-
ment, or other information to the Registrar that is false or misleading in a
material particular knowing it to be false or misleading; or
(b) omits, or authorises the omission of, from a statement, document, or
other information made or given to the Registrar any information or
matter knowing that the omission makes the statement, document, or
other information false or misleading in a material particular.Reprinted as at
14 September 2020 New Zealand Business Number Act 2016 Part 2 s 40
19(2) Every person who commits an offence under subsection (1) is liable on convic-
tion to a fine not exceeding $200,000.
41 Consequential amendments
Amend the enactments specified in Schedule 5 as set out in that schedule.Part 2 s 41 New Zealand Business Number Act 2016Reprinted as at
14 September 2020
20Schedule 1
Transitional, savings, and related provisions
s 7
Part 1
Provisions relating to principal Act as enacted
1 Interpretation
In this Part,—
Act means the principal Act, as enacted
transitional period  means the period beginning 28 days after the date on
which this Act receives the Royal assent and ending on the date on which the
Act comes into force for the purpose of applying to all unincorporated entities
in accordance with section 2(2) and (3).
2 NZBNs treated as having been issued under Act
If a corporate or public entity has been allocated an NZBN before the com-
mencement of this Act, the NZBN is treated as having been allocated under
this Act.
3 Transitional provision for Inland Revenue Department providing primary
business data to Registrar
During the transitional period,—
(a) section 20(5)(b) (which relates to other primary business data that the
register may contain in relation to an unincorporated entity) applies to
the Inland Revenue Department and an unincorporated entity as if the
words “with the consent of the entity in accordance with section
27(3)(b)” were deleted; and
(b) section 27(3) (which relates to government agencies providing primary
business data to the Registrar) applies to the Inland Revenue Department
and an unincorporated entity as if, in section 27(3)(b), the words “, if
that entity has consented, in the manner determined by the Registrar, to
the government agency exercising that power” were deleted.
4 Status of primary business data provided under clause 3
Primary business data that the Inland Revenue Department provides to the
Registrar under clause 3 forms part of the contents of the register in relation to
the relevant unincorporated entity (and continues to form part of those contents
despite the ending of the transitional period) as if the Inland Revenue Depart-
ment had provided the primary business data with the consent of that entity.Reprinted as at
14 September 2020 New Zealand Business Number Act 2016 Schedule 1
21Schedule 2
Public register entities
s 9
Building societies incorporated under the Building Societies Act 1965
Charitable trusts incorporated under the Charitable Trusts Act 1957
Companies registered under the Companies Act 1993
Overseas companies registered under Part 18 of the Companies Act 1993
Limited partnerships registered under the Limited Partnerships Act 2008
Overseas limited partnerships registered under the Limited Partnerships Act 2008
Friendly societies, branches of friendly societies, and credit unions registered ,
deemed to be registered, or incorporated under the Friendly Societies and Credit
Unions Act 1982
Incorporated societies registered under the Incorporated Societies Act 1908  and
branches of registered incorporated societies registered under the Incorporated Societ-
ies Amendment Act 1920
Industrial and provident societies registered in accordance with section 4 of the Indus-
trial and Provident Societies Act 1908 and section 33 of the Statutes Amendment Act
1939
Schedule 2: amended , on 1 April 2019, by section 59(3) of the Friendly Societies and Credit Unions
(Regulatory Improvements) Amendment Act 2018 (2018 No 17).Schedule 2 New Zealand Business Number Act 2016Reprinted as at
14 September 2020
22Schedule 3
Public primary business data
ss 20(2)(a), 21, 22
Schedule 3: replaced , on 30 March 2019, by clause 3 of the New Zealand Business Number (Primary
Business Data) Order 2018 (LI 2018/273).
Part 1
Public primary business data for corporate and public entities
Legal entity name
Trading name(s)
Registered address
Trading area(s)
NZBN
Kind of entity
Status
Industry classification
Director(s)
Owner(s)
Website
Part 2
Public primary business data for unincorporated entities
Trading area(s)
NZBN
Kind of entity
Status
Industry classification
WebsiteReprinted as at
14 September 2020 New Zealand Business Number Act 2016 Schedule 3
23Schedule 4
Other primary business data
ss 21, 22
Schedule 4: replaced , on 30 March 2019, by clause 3 of the New Zealand Business Number (Primary
Business Data) Order 2018 (LI 2018/273).
Part 1
Other primary business data for corporate and public entities
Phone number
Email address
Postal address
Address for service
Office address
Delivery address
Invoice address
GST number
Payment bank account number
Australian Business Number ( ABN )
Whether the entity is a Māori entity and, if it is, the factors that indicate that the entity
is a Māori entity
For each organisation part that the entity wants recorded on the register—
(a) unique identifying number, the format of which has been approved by the
Registrar
(b) name (or if it is not named, an identifying description)
(c) purpose or purposes (such as functions, scopes, areas of operation, or intended
uses or services)
Schedule 4 Part 1 : amended , on 14 September 2020, by clause 3 of the New Zealand Business Num-
ber (Māori Entity Identifier) Order 2020 (LI 2020/200).
Schedule 4 Part 1: amended , on 12 May 2020, by clause 3 of the New Zealand Business Number
(Organisation Parts Data) Order 2020 (LI 2020/79).
Part 2
Other primary business data for unincorporated entities
Legal entity name
Trading name(s)
Director(s)
Owner(s)Schedule 4 New Zealand Business Number Act 2016Reprinted as at
14 September 2020
24Phone number
Email address
Postal address
Address for service
Office address
Delivery address
Invoice address
GST number
Payment bank account number
Australian Business Number ( ABN )
Whether the entity is a Māori entity and, if it is, the factors that indicate that the entity
is a Māori entity
For each organisation part that the entity wants recorded on the register—
(a) unique identifying number, the format of which has been approved by the
Registrar
(b) name (or if it is not named, an identifying description)
(c) purpose or purposes (such as functions, scopes, areas of operation, or intended
uses or services)
Schedule 4 Part 2 : amended , on 14 September 2020, by clause 3 of the New Zealand Business Num-
ber (Māori Entity Identifier) Order 2020 (LI 2020/200).
Schedule 4 Part 2: amended , on 12 May 2020, by clause 3 of the New Zealand Business Number
(Organisation Parts Data) Order 2020 (LI 2020/79).Reprinted as at
14 September 2020 New Zealand Business Number Act 2016 Schedule 4
25Schedule 5
Consequential amendments
s 41
Companies Act 1993 (1993 No 105)
After section 360B, insert:
360C Alteration of entries on New Zealand register and overseas register
without application
(1) This section applies if —
(a) a company has provided information about the company to the Registrar
in addition to the information the company is compelled to provide
under this Act or regulations made under it (regardless of whether the
information was provided before or after the commencement of this sec-
tion or is visible to the public on the New Zealand register); and
(b) that information is updated in the New Zealand Business Number Regis-
ter.
(2) The Registrar may update the information provided and, if applicable, the New
Zealand register, so that the information is consistent with the information in
the New Zealand Business Number Register.
Designs Act 1953 (1953 No 65)
After section 29, insert:
29A Power of Commissioner to alter certain inconsistent information
(1) This section applies if information in the register of designs relating to a person
is inconsistent with primary business data relating to that person in the New
Zealand Business Number Register.
(2) If this section applies, the Commissioner may, in the prescribed manner (if
any), alter the information in the register of designs so that it is consistent with
the primary business data in the New Zealand Business Number Register.
(3) In this section, primary business data  has the same meaning as in section
20(2) of the New Zealand Business Number Act 2016.
After section 46(2)(e), insert:
(ea) for regulating the manner in which the Commissioner may alter informa-
tion in the register of designs under section 29A , including prescribing
procedures, requirements, and other matters in respect of an alteration:
Patents Act 2013 (2013 No 68)
After section 202, insert:Schedule 5 New Zealand Business Number Act 2016Reprinted as at
14 September 2020
26Patents Act 2013 (2013 No 68) —continued
202A Commissioner may alter certain inconsistent information
(1) This section applies if information in the patents register relating to a person is
inconsistent with primary business data of that person in the New Zealand
Business Number Register.
(2) If this section applies, the Commissioner may, in the prescribed manner (if
any), alter the information in the patents register so that it is consistent with the
primary business data in the New Zealand Business Number Register.
(3) In this section, primary business data  has the same meaning as in section
20(2) of the New Zealand Business Number Act 2016.
After section 243(1)(m), insert:
(ma) regulating the manner in which the Commissioner may alter information
in the patents register under section 202A , including prescribing proced-
ures, requirements, and other matters in respect of an alteration:
Tax Administration Act 1994 (1994 No 166)
In section 3(1), definition of authorised officer , after paragraph (d), insert:
(e) is defined in section 81(8)(aa) for the purposes of section 81(4)(v):
(f) is defined in section 82AA(3) for the purposes of that section
After section 81(4)(u), insert:
(v) communicating to a person who is an authorised officer of the depart-
ment for the time being responsible for the New Zealand Business Num-
ber Act 2016 any information that is —
(i) primary business data (as defined in section 20(2) of the New
Zealand Business Number Act 2016) for inclusion in the New
Zealand Business Number Register; or
(ii) communicated for the purposes of section 82AA.
In section 81(8), after “In this section,—”, insert:
(aa) in subsection (4)(v), authorised officer , in relation to the responsible
department, means any officer, employee, or agent of that department
who is authorised by the chief executive of that department to receive
information supplied by the Commissioner under this section:
After section 82, insert:
82AA Disclosure to ensure correct information included in New Zealand
Business Number Register
(1) This section authorises the exchange of information between the Inland Reve-
nue Department and the department for the time being responsible for the
administration of the New Zealand Business Number Act 2016 to ensure that
the correct primary business data (as defined in section 20(2) of the New Zea-Reprinted as at
14 September 2020 New Zealand Business Number Act 2016 Schedule 5
27Tax Administration Act 1994 (1994 No 166) —continued
land Business Number Act 2016) for businesses and New Zealand Business
Numbers is provided for inclusion in the New Zealand Business Number
Register.
(2) For the purposes of subsection (1), the Commissioner may supply an author-
ised officer of the department for the time being responsible for the administra-
tion of the New Zealand Business Number Act 2016 information concerning
primary business data to verify the correctness of the information to be inclu-
ded in the New Zealand Business Number Register.
(3) In this section, authorised officer , in relation to the responsible department,
means any officer, employee, or agent of that department who is authorised by
the chief executive of that department to receive information supplied by the
Commissioner under this section.
Trade Marks Act 2002 (2002 No 49)
After section 78, insert:
78A Alteration of register concerning certain inconsistent information
(1) This section applies if information in the register relating to a person is incon-
sistent with primary business data of that person in the New Zealand Business
Number Register.
(2) If this section applies, the Commissioner may, in the prescribed manner (if
any), alter the information in the register so that it is consistent with the pri-
mary business data in the New Zealand Business Number Register.
(3) In this section, primary business data  has the same meaning as in section
20(2) of the New Zealand Business Number Act 2016.
After section 199(1)(g), insert:
(ga) prescribing the manner in which the Commissioner may alter the register
under section 78A, including prescribing procedures, requirements, and
other matters in respect of an alteration:Schedule 5 New Zealand Business Number Act 2016Reprinted as at
14 September 2020
28Reprints notes
1 General
This is a reprint of the New Zealand Business Number Act 2016 that incorpor-
ates all the amendments to that Act as at the date of the last amendment to it.
2 Legal status
Reprints are presumed to correctly state, as at the date of the reprint, the law
enacted by the principal enactment and by any amendments to that enactment.
Section 18 of the Legislation Act 2012 provides that this reprint, published in
electronic form, has the status of an official version under section 17 of that
Act. A printed version of the reprint produced directly from this official elec-
tronic version also has official status.
3 Editorial and format changes
Editorial and format changes to reprints are made using the powers under sec-
tions 24 to 26 of the Legislation Act 2012. See also http://www.pco.parlia-
ment.govt.nz/editorial-conventions/.
4 Amendments incorporated in this reprint
New Zealand Business Number (Māori Entity Identifier) Order 2020 (LI 2020/200)
Public Service Act 2020 (2020 No 40): section 135
New Zealand Business Number (Organisation Parts Data) Order 2020 (LI 2020/79)
Partnership Law Act 2019 (2019 No 53): section 86
New Zealand Business Number Funding (Validation and Authorisation) Act 2019 (2019 No 25): Part
2
New Zealand Business Number (Primary Business Data) Order 2018 (LI 2018/273)
Friendly Societies and Credit Unions (Regulatory Improvements) Amendment Act 2018 (2018
No 17): section 59
Intelligence and Security Act 2017 (2017 No 10): section 335
Wellington, New Zealand:
Published under the authority of the New Zealand Government—2020Reprinted as at
14 September 2020 New Zealand Business Number Act 2016 Notes
29