Pursuant to section 241 of the Land Transport Act 1998 (“Act”), I, Charles Ronaldson, General Manager, Customer Design and Delivery, NZ Transport Agency, acting pursuant to a delegation from the Secretary for Transport, make the following notice.
1. Title—This notice is the Authorised Access to the Motor Vehicle Register (Financial Service Providers – Standard Terms) Notice (No. 2) 2017.
2. Commencement—This notice comes into force on 1 November 2017.
3. Access to names and addresses held on the Motor Vehicle Register—A Registered Financial Services Provider who has been authorised to access the Motor Vehicle Register may access names and addresses of persons:
- who are currently registered in respect of a motor vehicle(s); and
- who have not instructed the Registrar of Motor Vehicles to withhold their details
for the purposes specified in paragraph 4, subject to the conditions in paragraph 6.
4. Specified purposes:
Person: Registered Financial Service Providers
Person: Registered Financial Service Providers who are Insurers
5. Authorisation—A Registered Financial Service Provider is authorised to access the Motor Vehicle Register if the Provider:
- is a member of a representative body with disciplinary powers which has applied for access to the Motor Vehicle Register on behalf of its members and that access has been authorised, or is a member of a representative body without disciplinary powers where the individual members have been authorised to access the Motor Vehicle Register; or
- has been otherwise authorised to access the Motor Vehicle Register.
- Names and addresses are accessed only by the Registered Financial Service Provider on the Provider’s own behalf and solely for the Provider’s own use;
- names and addresses may only be accessed for a specified purpose consistent with the range of services offered by the Provider;
- the fees charged for the provision of the names and addresses from the Motor Vehicle Register are duly paid;
- any instances of unauthorised access must immediately be notified to the Registrar of Motor Vehicles (currently the NZ Transport Agency), the Privacy Commissioner, and the individual(s) whose information has been accessed without authorisation or disclosed in breach of these conditions;
- before being permitted to access the Motor Vehicle Register, under section 241 of the Act, all staff must receive training that emphasises that such access must only be for a specified purpose, and refresher training of all staff must be undertaken at appropriate intervals (such as annually);
- access must be restricted solely to members of staff for whom authorised access is essential to achieving a specified purpose;
- the names and addresses obtained under this authorisation shall not be disclosed to any third party unless such disclosure is necessarily incidental to achieving a specified purpose; and
- the Financial Service Provider must comply with the terms and conditions of their chosen digital access provider.
7. Records and Audit
- The Financial Services Provider is required to keep summary records of each section 241 enquiry for one year, from the date on which register data was accessed.
- The Provider must provide information to the Registrar of Motor Vehicles and in all other respects assist with any audit of their access to name and address information.
Insurer has the meaning given to that expression by section 4 of the Financial Service Providers (Registration and Dispute Resolution) Act 2008.
Registered Financial Service Provider and Provider means a Financial Service Provider registered under section 16(1) of the Financial Service Providers (Registration and Dispute Resolution) Act 2008.
Financial Service Provider has the meaning given to that expression by section 4 of the Financial Service Providers (Registration and Dispute Resolution) Act 2008.
9. Expiry—This notice expires at midnight on 31 October 2022 but may be revoked at any time either generally or in relation to a specific Financial Service Provider.
10. Revocation—The notice titled “Authorised Access to the Motor Vehicle Register (Financial Service Providers – Standard Terms) Notice 2017” dated 13 March 2017 and published in the New Zealand Gazette, 16 March 2017, Issue No. 29, Notice No. 2017-au1222, is revoked. Any confirmation that a Financial Services Provider is covered by the revoked notice is to be treated as confirmation of coverage by this notice.
This authorisation will not apply to any Financial Services Provider who ceases to be registered as a financial services provider.
Dated this 16th day of October 2017.
CHARLES RONALDSON, General Manager, Customer Design and Delivery, NZ Transport Agency.