Notice Type
Departmental
Notice Title

Direction to Support a Whole-of-Government Approach, Given to the House of Representatives by the Minister of State Services and the Minister of Finance Under Section 107 of the Crown Entities Act 2004

The Minister of State Services and the Minister of Finance, pursuant to section 107 of the Crown Entities Act 2004, direct the agencies subject to this direction as follows:

  1. An agency named in the Schedule to this notice must give effect to, or have regard to, all of the requirements in clause 7 in accordance with clause 1 of the Schedule.
  2. Whether an agency must give effect to, or have regard to, a requirement and when it must do so is set out in the Schedule.

Application of Direction

  1. This direction sets out requirements for agencies to implement the New Zealand Business Number (NZBN). The NZBN has been created primarily to enable improved electronic delivery of services. As such, where an agency maintains electronic and paper-based systems, priority is to be given to electronic systems when implementing this direction. This direction does not apply to agencies’ policy processes.
  2. Except in respect of Result 9 agencies, systems that are planned to be retired or replaced within the next three (3) years are exempt from the requirements of this direction providing that any new or replacement systems comply with this direction.
  3. Commentary used in this direction elaborates on the requirement to which it relates. An example used in the commentary is only illustrative of the requirement to which it relates. The commentary does not limit any requirement. If commentary and the requirement to which it relates are inconsistent, the requirement prevails.

Definitions

  1. In this direction:
    1. Act means the New Zealand Business Number Act 2016;
      agency means a Crown entity named in the Schedule;
      NZBN entity means an entity eligible for an NZBN under the Act (pursuant to sections 10 to 12 of the Act, the definitions of “entity” and “government agency” in section 5 of the Act and the definitions of “corporate or public entity” and “unincorporated entity” in section 9 of the Act);
      NZBN means New Zealand Business Number;
      Result 9 agencies means the Accident Compensation Corporation, Callaghan Innovation and New Zealand Trade and Enterprise; and
    2. identifier, primary business data, register and Registrar have the same meanings as in section 5 of the Act.

Requirements

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

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

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

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

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

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

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

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

    1. If an agency provides to the Registrar primary business data that has been provided to the agency by an NZBN entity, the agency must take reasonable steps to ensure that a person or system:
      1. providing it with an NZBN entity’s primary business data; and
      2. consenting to the primary business data being provided to the Registrar (where consent is required)
      is authorised by the NZBN entity to do so.

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

    1. An NZBN entity’s NZBN must be included in any written outward communication from the agency to the NZBN entity, except for:
      1. any communications which have no identifier other than the NZBN entity’s name; and
      2. the agency considers that having no identifier other than the NZBN entity’s name in the communication is consistent with good administrative practice.

Commentary: This requirement does not apply to generic mass communications that are sent from the agency to a group or groups of NZBN entities.

    1. When changing its system or systems, the agency must consider phasing out identifiers that identify a legal entity (other than the NZBN entity’s name) and replacing them with the NZBN.

Commentary: This requirement does not apply to identifiers that are nominated by the NZBN entity itself, for example, agencies are not expected to replace usernames used to access online services. However, consideration should be given to allowing an NZBN entity to use their NZBN as their self-nominated identifier.

This requirement does not apply in respect of identifiers that are established or required by agreement with an international jurisdiction if the international jurisdiction does not or will not recognise the NZBN in the context in which the identifier is used.

    1. Where an agency is uncertain or does not believe that this direction applies to a system or identifier, the agency must consult with the Registrar and give serious consideration to any advice of the Registrar in that respect.
    2. The agency must provide the Registrar all reasonable assistance the Registrar requires to perform the Registrar’s function of monitoring the State sector’s implementation of the NZBN.
    3. The agency must report on its progress implementing the requirements of this direction in its annual report required under section 150 of the Crown Entities Act 2004 or, in respect of Crown Research Institutes, section 17 of the Crown Research Institutes Act 1992.

Dated at Wellington this 10th day of May 2016.

Hon PAULA BENNETT, Minister of State Services.

Hon BILL ENGLISH, Minister of Finance.

Schedule

  1. Each agency subject to this direction has been allocated to one of four tiers in the table below which sets out whether the agency must give effect or have regard to a requirement.
    In the table:
    E means “to give effect”; and
    R means “to have regard”
  2. Tier One agencies must give effect to requirement 1:
    1. in respect of key business customer-facing systems, by 31 December 2017; and
    2. in respect of procurement systems, by 31 December 2018.
  3. Tier Two agencies must give effect to requirement 1 by 31 December 2018.
  4. Tier Three agencies must have regard to requirement 1 by 31 December 2018 and ongoing after that if not implemented.
  5. Tier One agencies must give effect to requirements 2–6 by 31 December 2020.
  6. Tiers Two, Three and Four agencies must have regard to requirements 2–6 by 31 December 2020 and ongoing after that if not implemented.
  7. The requirement for Tiers One, Two and Three agencies to give effect to, and for Tier Four to have regard to, requirements 7–9 is ongoing from the date of this direction and applies as relevant, ie when the agency changes a system or when assistance is sought by the Registrar.
  8. The requirement for Tiers One, Two and Three agencies to give effect to, and for Tier Four to have regard to, requirement 10 commences with the annual report due in 2016 and is ongoing thereafter.

Type

Name

Requirements

 

1

2

3

4

5

6

7

8

9

10

Tier One

 

Accident Compensation Corporation

E

E

E

E

E

E

E

E

E

E

 

Callaghan Innovation

E

E

E

E

E

E

E

E

E

E

 

New Zealand Trade and Enterprise

E

E

E

E

E

E

E

E

E

E

Tier Two

 

Auckland District Health Board

E

R

R

R

R

R

E

E

E

E

 

Bay of Plenty District Health Board

E

R

R

R

R

R

E

E

E

E

 

Canterbury District Health Board

E

R

R

R

R

R

E

E

E

E

 

Capital and Coast District Health Board

E

R

R

R

R

R

E

E

E

E

 

Civil Aviation Authority

E

R

R

R

R

R

E

E

E

E

 

Commerce Commission

E

R

R

R

R

R

E

E

E

E

 

Counties Manukau District Health Board

E

R

R

R

R

R

E

E

E

E

 

Earthquake Commission

E

R

R

R

R

R

E

E

E

E

 

Energy Efficiency and Conservation Authority

E

R

R

R

R

R

E

E

E

E

 

Environmental Protection Authority

E

R

R

R

R

R

E

E

E

E

 

Financial Markets Authority

E

R

R

R

R

R

E

E

E

E

 

Hawke’s Bay District Health Board

E

R

R

R

R

R

E

E

E

E

 

Housing New Zealand Corporation

E

R

R

R

R

R

E

E

E

E

 

Hutt District Health Board

E

R

R

R

R

R

E

E

E

E

 

Lakes District Health Board

E

R

R

R

R

R

E

E

E

E

 

Maritime New Zealand

E

R

R

R

R

R

E

E

E

E

 

MidCentral District Health Board

E

R

R

R

R

R

E

E

E

E

 

Nelson Marlborough District Health Board

E

R

R

R

R

R

E

E

E

E

 

New Zealand Qualifications Authority

E

R

R

R

R

R

E

E

E

E

 

New Zealand Transport Agency

E

R

R

R

R

R

E

E

E

E

 

Northland District Health Board

E

R

R

R

R

R

E

E

E

E

 

Pharmaceutical Management Agency

E

R

R

R

R

R

E

E

E

E

 

South Canterbury District Health Board

E

R

R

R

R

R

E

E

E

E

 

Southern District Health Board

E

R

R

R

R

R

E

E

E

E

 

Tairawhiti District Health Board

E

R

R

R

R

R

E

E

E

E

 

Taranaki District Health Board

E

R

R

R

R

R

E

E

E

E

 

Tertiary Education Commission

E

R

R

R

R

R

E

E

E

E

 

Waikato District Health Board

E

R

R

R

R

R

E

E

E

E

 

Wairarapa District Health Board

E

R

R

R

R

R

E

E

E

E

 

Waitemata District Health Board

E

R

R

R

R

R

E

E

E

E

 

West Coast District Health Board

E

R

R

R

R

R

E

E

E

E

 

Whanganui District Health Board

E

R

R

R

R

R

E

E

E

E

 

WorkSafe New Zealand

E

R

R

R

R

R

E

E

E

E

Tier Three

 

Accreditation Council

R

R

R

R

R

R

E

E

E

E

 

Arts Council of New Zealand Toi Aotearoa

R

R

R

R

R

R

E

E

E

E

 

Broadcasting Standards Authority

R

R

R

R

R

R

E

E

E

E

 

Careers New Zealand

R

R

R

R

R

R

E

E

E

E

 

Education New Zealand

R

R

R

R

R

R

E

E

E

E

 

Electricity Authority

R

R

R

R

R

R

E

E

E

E

 

Health Promotion Agency

R

R

R

R

R

R

E

E

E

E

 

Health Quality and Safety Commission

R

R

R

R

R

R

E

E

E

E

 

Heritage New Zealand (Pouhere Taonga)

R

R

R

R

R

R

E

E

E

E

 

Museum of New Zealand Te Papa Tongarewa Board

R

R

R

R

R

R

E

E

E

E

 

New Zealand Antarctic Institute

R

R

R

R

R

R

E

E

E

E

 

New Zealand Blood Service

R

R

R

R

R

R

E

E

E

E

 

New Zealand Film Commission

R

R

R

R

R

R

E

E

E

E

 

New Zealand Fire Service Commission

R

R

R

R

R

R

E

E

E

E

 

New Zealand Lotteries Commission

R

R

R

R

R

R

E

E

E

E

 

New Zealand Tourism Board

R

R

R

R

R

R

E

E

E

E

 

NZ on Air (Broadcasting Commission)

R

R

R

R

R

R

E

E

E

E

 

Privacy Commissioner

R

R

R

R

R

R

E

E

E

E

 

Radio New Zealand Limited

R

R

R

R

R

R

E

E

E

E

 

Sport and Recreation New Zealand

R

R

R

R

R

R

E

E

E

E

 

Te Reo Whakapuaki Irirangi (Māori Broadcasting Funding Agency)

R

R

R

R

R

R

E

E

E

E

 

Te Taura Whiri I Te Reo Māori (Māori Language Commission)

R

R

R

R

R

R

E

E

E

E

 

Television New Zealand Limited

R

R

R

R

R

R

E

E

E

E

Tier Four – Crown Research Institutes

 

Ag Research Limited

R

R

R

R

R

R

R

R

R

R

 

Institute of Environmental Science and Research Limited

R

R

R

R

R

R

R

R

R

R

 

Institute of Geological and Nuclear Sciences Limited

R

R

R

R

R

R

R

R

R

R

 

Landcare Research New Zealand Limited

R

R

R

R

R

R

R

R

R

R

 

National Institute of Water and Atmospheric Research Limited

R

R

R

R

R

R

R

R

R

R

 

New Zealand Forest Research Institute Limited

R

R

R

R

R

R

R

R

R

R

 

New Zealand Institute for Plant and Food Research Limited

R

R

R

R

R

R

R

R

R

R