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Credit Reporting Privacy Code 2004 Amendment No 1 (Temporary)
I, MARIE SHROFF, Privacy Commissioner, now issue under section 51 of the Privacy Act 1993, and in accordance with section 52 of the Act, this amendment to the Credit Reporting Privacy Code 2004. Issued by me at Wellington on 9 August 2005 The seal of the Privacy Commissioner was affixed to this amendment to the Credit Reporting Privacy Code 2004 by the Privacy Commissioner Marie Shroff Privacy Commissioner
1. Title
This amendment may be referred to as the Credit Reporting Privacy Code 2004 Amendment No 1 (Temporary).
2. Commencement and expiry
This amendment will come into force on 1 April 2006 and expire on 8 August 2006.
3. Amendment to clause 5
Clause 5 is amended in the following manner:
Insert: in the appropriate alphabetical order:
credit default information means the credit information listed in paragraph (e) of the definition of credit information
4. Amendment to subrule 2(2)
Rule 2(2) is amended in the following manner:
Omit: the word “or” at the end of sub-paragraph (d)(ii)
Omit: paragraph (e)
Insert: (e) that:
(i) the collection is from a debt collector that is enforcing a debt owed by the individual concerned; and
(ii) the information is identification information, supplementary identification information, credit default information or serious credit infringement information; or
(f) that the collection of the information is in accordance with an authority granted under section 54 of the Act.
Legislative history
9 August 2005 – Amendment issued
1 April 2006 – Amendment commences
8 August 2006 – Amendment expires.
Explanatory note:
This amendment changes the Credit Reporting Privacy Code 2004 by:
- Inserting a definition of “credit default information”
- Amending rule 2(2) by adding a further exception permiting the collection of certain credit information from debt collectors.
The amendment commences on the same day as the relevant parts of the code being amended. As the amendment was issued in reliance upon section 52 of the Privacy Act, which allows for certain procedures to be dispensed with in cases of urgency, it must expire within 1 year of issue. Accordingly, it will expire on 8 August unless earlier revoked.
The amendment is deemed to be a regulation for the purposes of the Regulations (Disallowance) Act 1989.
