Income Insurance Scheme (Enabling Development) Act 2022

1: Title
This Act is the Income Insurance Scheme (Enabling Development) Act 2022.
2: Commencement
This Act comes into force on the day after the date on which it receives the Royal assent.
1: Preliminary provisions
3: Repeal of this Act
This Act is repealed on the close of 31 March 2025. 2025-04-01 Income Insurance Scheme (Enabling Development) Act 2022
4: Purpose
The purpose of this Act is to enable the Corporation to prepare for the delivery of an income insurance scheme.
5: Treaty of Waitangi/te Tiriti o Waitangi
In order to recognise and respect the Crown’s responsibility under the Treaty of Waitangi/te Tiriti o Waitangi, section 9(3)
6: Interpretation
1: In this Act, unless the context otherwise requires,— authorised purpose section 10 chief executive Corporation section 6(1) income insurance scheme scheme non-personal information personal information section 7(1) responsible Minister specified government agency Schedule 2 workers
2: In this Act, unless the context otherwise requires, any term or expression that is defined in the Accident Compensation Act 2001 Accident Compensation Act 2001
7: Transitional, savings, and related provisions
The transitional, savings, and related provisions (if any) set out in Schedule 1
8: Act binds the Crown
This Act binds the Crown.
2: Preparatory work for income insurance scheme
9: Corporation’s function and duties in relation to preparation for delivery of scheme
1: In addition to the functions specified in section 262
2: Without limiting subsection (1), the Corporation may—
a: design new systems and procedures (including, but not limited to, service delivery, organisational infrastructure, and technologies) to enable a scheme to be implemented; and
b: put in place the systems and establish the procedures described in paragraph (a); and
c: take any other action ancillary to and consistent with the function described in paragraphs (a) and (b).
3: In performing this function, the Corporation must ensure that, as far as is reasonably practicable,—
a: the views of Māori are taken into account in the design of the systems and processes for the income insurance scheme to ensure that the scheme is accessible to Māori and responsive to Māori perspectives; and
b: when the scheme commences, the Corporation will have the capability in the context of the scheme to contribute to improved Māori economic and labour market outcomes.
4: The Corporation must engage with Māori in good faith in meeting the requirements of subsection (3).
5: The Corporation must also engage with representatives of workers and employers in the design of the systems and processes for the income insurance scheme to ensure that the perspectives of workers and employers are taken into account.
6: The responsible Minister may direct the Corporation to perform additional functions consistent with the purpose of this Act, in accordance with section 112 Information sharing
10: Purpose of sections 11 to 14
1: The purpose of sections 11 to 14
2: In subsection (1) and sections 11 to 14 authorised purpose
a: set up the systems and processes needed for the Corporation to implement the income insurance scheme; and
b: test the systems and processes set up to implement the scheme; and
c: take all other incidental steps or actions reasonably required to implement the scheme.
11: Requests for information
1: The chief executive may request a specified government agency to provide non-personal information to the Corporation if the chief executive reasonably believes that the provision of the information is necessary for the authorised purpose.
2: The chief executive may request a specified government agency to provide personal information if—
a: the information is in one of the categories described in Schedule 3
b: the chief executive reasonably believes that the provision of the information is necessary for the authorised purpose; and
c: the authorised purpose could not be met by using non-personal information; and
d: the chief executive has first consulted the Privacy Commissioner in relation to the information to be requested.
3: The chief executive may request a specified government agency to provide personal information that is not within one of the categories described in Schedule 3
4: A request under this section must—
a: be made in writing to the chief executive of the specified government agency (or the person occupying an equivalent position); and
b: specify the section of this Act under which it is sought; and
c: specify the reason for which the information is required; and
d: specify the time within which the information sought is to be provided (which must be no less than 10 working days after the date on which the request is made).
12: Provision of requested information
1: A specified government agency that receives a request under section 11
a: it is reasonable and practicable to communicate the information; and
b: the information is readily available; and
c: it is not undesirable to disclose the information.
2: Subsection (1) applies—
a: despite the requirements of the Privacy Act 2020
b: regardless of the terms of any approved information sharing agreement under the Privacy Act 2020
3: The specified government agency may impose any conditions on the provision and use of the information that the chief executive of the agency (or person occupying an equivalent position) thinks fit.
4: The Corporation must comply with any conditions imposed under subsection (3).
13: Use of information provided
The Corporation may, for the authorised purpose, use information (including personal information) provided to it by a specified government agency under section 12
14: Corporation may use information available under Accident Compensation Act 2001
1: This section applies to information that the Corporation holds or has access to under the Accident Compensation Act 2001
2: The Corporation may, for the authorised purpose,—
a: use non-personal information if the chief executive reasonably believes that the use of the information is necessary for that purpose:
b: use personal information that is within one of the categories set out in Schedule 3
i: the chief executive reasonably believes that the information is necessary for the authorised purpose; and
ii: that purpose cannot be met by using non-personal information; and
iii: the chief executive has first consulted the Privacy Commissioner in relation to the information to be used:
c: use personal information that is not within one of the categories set out in Schedule 3 paragraph (b)﻿(i) to (iii)
3: Subsection (2) section 22
15: Status of sections 13 and 14 for purposes of application of information privacy principles
Sections 13 14 sections 24 137 Privacy Act 2020
16: Requirements for disclosure to Privacy Commissioner
1: When a specified government agency provides information under section 12
a: a copy of the request for the information; and
b: a summary of the information provided by the agency.
2: When the Corporation uses information under section 14 Accident Compensation Act 2001 Miscellaneous provisions
17: Relationship between this Act and Accident Compensation Act 2001
Nothing in the Accident Compensation Act 2001 sections 262 265
18: Power to amend Schedule 2
1: The Governor-General may, by Order in Council made on the recommendation of the Minister, amend Schedule 2
2: Before making a recommendation under subsection (1)
a: consult the Privacy Commissioner about the proposed use, for the authorised purpose, of information that may be held by the government agency; and
b: be satisfied that—
i: the provision of information by the agency is necessary for the authorised purpose; and
ii: if the information may include personal information, the authorised purpose could not be met by using non-personal information.
3: An Order in Council made under this section is secondary legislation ( see Part 3 The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication PCO must publish it on the legislation website and notify it in the Gazette LA19 s 69(1)﻿(c) Presentation The Minister must present it to the House of Representatives LA19 s 114 Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Consequential amendment to Tax Administration Act 1994
19: Principal Act
Section 20 Tax Administration Act 1994 2022-05-25 Tax Administration Act 1994
20: Schedule 7 amended
In Schedule 7, Part C, subpart 2, after clause 42
42B: Accident Compensation Corporation: income insurance scheme
1: Section 18 does not prevent the Commissioner communicating information to a person who is an officer, employee, or agent of the Accident Compensation Corporation if—
a: the person is authorised by the Corporation to receive the information; and
b: the Corporation has reasonable grounds to believe that the disclosure of the information is necessary for the development of systems and processes for the implementation of the income insurance scheme; and
c: the Commissioner considers that—
i: it is reasonable and practicable to communicate the information; and
ii: the information is readily available; and
iii: it is not undesirable to disclose the information.
2: For the purposes of this clause, income insurance scheme