National Animal Identification and Tracing Bill

46 Determinations by administrator or panel

• (1) An application described in this section must be determined by the administrator or the panel, as decided by the administrator under section 44(3).

  Core data: personal information

  (2) The following persons may make the application described in subsection (3):

  • (a) a New Zealand citizen:

  • (b) a permanent resident of New Zealand:

  • (c) a body corporate that is incorporated in New Zealand:

  • (d) a body corporate that is incorporated outside New Zealand but that has a place of business in New Zealand.

  (3) The application is an application for access to core data that is personal information.

  (4) The administrator or the panel must grant the application, wholly or partly, if satisfied that—

  • (a) the applicant has express consent from the person whose data it is to whose personal information the applicant seeks access to the applicant having access; or

  • (b) access to the data is reasonably necessary to achieve a purpose in section 40(b) or (c).

  Core data: not personal information

  (5) The following persons may make the application described in subsection (6):

  • (a) a New Zealand citizen:

  • (b) a permanent resident of New Zealand:

  • (c) a body corporate that is incorporated in New Zealand:

  • (d) a body corporate that is incorporated outside New Zealand but that has a place of business in New Zealand.

  (6) The application is an application for access to core data that is not personal information.

  (7) The administrator or the panel must grant the application, wholly or partly, if satisfied that access to the data is reasonably necessary to achieve a purpose in section 40.

  Core data: personal information or not personal information

  (8) A department or other Crown agency may make the application described in subsection (9).

  (9) The application is an application for access to core data, whether or not it is personal information.

  (10) The administrator or the panel must grant the application, wholly or partly, if satisfied that access to the data is reasonably necessary to achieve a purpose in section 40.

  Non-core data: personal information or not personal information

  (14) The following persons may make the application described in subsection (15):

  • (a) a New Zealand citizen:

  • (b) a permanent resident of New Zealand:

  • (c) a body corporate that is incorporated in New Zealand:

  • (d) a body corporate that is incorporated outside New Zealand but that has a place of business in New Zealand:

  • (e) a department or other Crown agency.

  (15) The application is an application for access to non-core data, whether or not it is personal information.

  (16) The administrator or the panel must grant the application, wholly or partly, if satisfied that the applicant has express consent from the person whose data it is to the applicant having access.

  Link into and access

  (20) An information provider may make an application for access to enable it to link into and access the NAIT information system for the purposes of inputting and editing core data relating to a particular PICA or particular PICAs.

  (21) The administrator or the panel must grant the application, wholly or partly, if satisfied that—

  • (a) the information provider is currently accredited under section 20; and

  • (b) the information provider has been authorised by the relevant PICA or PICAs to act as their agent for the purposes of this Act; and

  • (c) the linking and access do not compromise the operation of the NAIT information system.

  (21A) An entity dealing with NAIT animals may make an application for access to enable a particular PICA or particular PICAs for the entity to link into and access the NAIT information system, individually or jointly, for the purposes of inputting and editing core data.

  (21B) The administrator or the panel must grant the application, wholly or partly, if satisfied that—

  • (a) the entity is currently accredited under section 20; and

  • (b) the linking and access do not compromise the operation of the NAIT information system.

  (22) An industry body may make an application for access to enable it to link into and access core data.

  (23) The administrator or the panel must grant the application, wholly or partly, if satisfied that—

  • (a) the industry body has express consent from the persons to whose personal information the body will have access to the body having access; and

  • (b) the linking and access do not compromise the operation of the NAIT information system.

  (24) The administrator or the panel must decline the application if not satisfied as described in this section.