Requests for information by other Government departments

At a glance

Some government agencies have statutory power to require Immigration New Zealand (INZ) to provide personal information. Requests must be in writing and specify the relevant statutory authority. INZ officers must verify that the request meets these formal requirements before responding.

Definition

Section A8.70 of the Operational Manual recognises the authority of certain government departments to compel the disclosure of information. This authority derives from separate legislation, not from immigration law itself. The section identifies two key agencies:

• Work and Income (Ministry of Social Development) under section 11 of the Social Security Act 1964 [A8.70]
• Inland Revenue officers under section 17 of the Tax Administration Act 1994 [A8.70]

INZ must treat any request made under these provisions as a lawful requirement to provide the information, subject to the procedural safeguards in A8.70.

Application in decisions

When an immigration officer receives a written request that claims statutory authority, they must:

• Confirm the request is in writing [A8.70]
• Confirm it references the specific statutory provision under which the information is sought [A8.70]
• Provide only the information that is reasonably required under that authority [A8.70]

The officer does not have discretion to refuse a request that complies with these requirements. However, if a request is made orally or fails to state the legal basis, INZ is not obliged to respond under A8.70 and should ask the requesting agency to meet the formalities.

Interpretation & edge cases

• Other agencies: Only agencies with express statutory authority similar to those listed can compel INZ. A general request from another government department (e.g., a local council) without a specific statutory power cannot rely on A8.70.
• Privacy Act requests: Requests under the Privacy Act 2020 by government agencies are dealt with separately; A8.70 covers only specific statutory provisions that override the usual privacy protections.
• Urgent oral requests: An urgent phone call from Work and Income does not satisfy the “in writing” requirement. INZ should insist on a written request citing the Act before releasing any information.
• Verification: The officer may seek confirmation from the requesting agency that the statutory authority exists, but A8.70 does not require independent legal analysis — reliance on the agency’s statement is sufficient.

Citations

• A8.70 — Requests for information by other Government departments