Copy of Data Sharing MOU’s
Shane Gibson made this Official Information request to New Zealand Customs Service
The request was partially successful.
From: Shane Gibson
Dear New Zealand Customs Service,
Please provide copies of all Memorandum Of Understanding (MOU’s) signed in the last five years related to the sharing of data to organisations outside your organisation.
Yours faithfully,
Shane Gibson
From: OIA
New Zealand Customs Service
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If your correspondence relates to an Official Information Act request, we
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Te Mana Ārai o Aotearoa, New Zealand Customs Service encourages up to date
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From: AIONO Tyson
New Zealand Customs Service
Tēnā koe Shane,
Thank you for your Official Information Act request below received by the New Zealand Customs Service (Customs) on 24 March 2023 requesting all Memorandum of Understandings (MOU) signed in the last five years related to sharing of data to organisations outside of Customs.
Customs is working through your Official Information Act request as it is broad in nature as it currently stands. Customs is looking to work with you to refine the scope of your request. Customs can advise you that a list of MOU's signed by Customs since 2009 to can be found in the 2021/22 Annual Review of the New Zealand Customs Service Responses that is publicly available on the Parliament website using the following link:
https://www.parliament.nz/resource/en-NZ... (question 179, pages 129 to 132)
Customs has also proactively released a number of MOU's that you may be interested in that can be found on the Customs external website using the following link:
https://www.customs.govt.nz/about-us/you...
With the list of MOU's in the above link, could you please review if there are any specific MOU's that peaks your interest that you would like to directly request under the Official Information Act?
If you could please get back to me by 4pm, Monday 3 March 2023 or alternatively we can arrange a call to discuss.
I look forward to hearing from you.
Ngā mihi, Tyson
Tyson Aiono (he/him)
Senior Advisor | Correspondence, Reviews and Ministerial Servicing
New Zealand Customs Service | Te Mana Ārai o Aotearoa
M: 021 586 226 | Email: [email address]
show quoted sections
From: Shane Gibson
Hi Tyson,
The link to the annual review document goes to a pdf document which finishes at Question 127.
Page 129 seems to relate to expenditure questions.
If you can reply with a link to another document with the MOU's listed I am more than happy to try and refine the scope of my request down.
Cheers
Shane Gibson
From: AIONO Tyson
New Zealand Customs Service
Môrena Shane,
I am touching base re your Official Information Act request below.
Could you please get back to me on refining the scope of your request by 5pm, tomorrow.
I would be happy to discuss if preferred.
Ngâ mihi, Tyson
Tyson Aiono (he/him)
Senior Advisor | Correspondence, Reviews and Ministerial Servicing New Zealand Customs Service | Te Mana Ârai o Aotearoa
M: 021 586 226 | Email: [email address]
show quoted sections
From: Shane Gibson
Hi Tyson,
I replied on the 4th April.
The link to the annual review document goes to a pdf document which finishes at Question 127.
Page 129 seems to relate to expenditure questions.
If you can reply with a link to another document with the MOU's listed I am more than happy to try and refine the scope of my request down.
Cheers
Shane Gibson
From: AIONO Tyson
New Zealand Customs Service
Mōrena Shane,
Apologies, I had replied but perhaps something went a bit skewed with my response.
Please use link below.
https://www.parliament.nz/resource/en-NZ... (question 179, pages 129 to 132).
Ngā mihi, Tyson
Tyson Aiono (he/him)
Senior Advisor | Correspondence, Reviews and Ministerial Servicing
New Zealand Customs Service | Te Mana Ārai o Aotearoa
M: 021 586 226 | Email: [email address]
show quoted sections
From: AIONO Tyson
New Zealand Customs Service
Kia ora Shane,
How did you get on with the below? Are there any MOUs you would like to request under the OIA?
Happy to discuss further via call or a Teams meeting if helpful.
Ngā mihi, Tyson
Tyson Aiono (he/him)
Senior Advisor | Correspondence, Reviews and Ministerial Servicing New Zealand Customs Service | Te Mana Ârai o Aotearoa
M: 021 586 226 | Email: [email address]
show quoted sections
From: AIONO Tyson
New Zealand Customs Service
Kia ora Shane,
With the MOUs that are publicly available, accompanied with the list of MOUs available via the 2022/23 Estimates: Vote Customs Responses to Supplementary Questions, is this sufficient information for your request? Or would you like to clarify the scope of your request by identifying which MOUs you would like to see?
If this information is sufficient, I can close this request.
As mentioned below, happy to discuss further with you via a phone call or a Teams meeting if helpful.
Ngā mihi, Tyson
Tyson Aiono (he/him)
Senior Advisor | Correspondence, Reviews and Ministerial Servicing
New Zealand Customs Service | Te Mana Ārai o Aotearoa
M: 021 586 226 | Email: [email address]
show quoted sections
From: Shane Gibson
Dear AIONO Tyson,
Please revise my request to limit it to copies of the following MOU's
1) Joint Agency Implementation Reference for Advance Passenger Processing & Advance Passenger Information between Immigration NZ and New Zealand Customs Service
2) New Zealand Technical Operations Group Statement of Principles – New Zealand Police, New Zealand Customs Service, New Zealand Security Intelligence Service, New Zealand Defence Force and Government Security Communications Bureau
3) Information Sharing Agreement between the Ministry of Social Development and the New Zealand Customs Service: Direct Access Agreement under Section 4314 Customs and Excise Act 2018
4) Operational protocol to support the Arrivals/Departures Approved Information Sharing Agreement between Ministry of Social Development, Te Manatu Whakahiato Ora and New Zealand Customs Service, Te Mana Arai o Aotearoa: to allow MSD to verify entitlements to benefits, to help prevent MSD clients from incurring debt, and to recover debts owed
5) Access Agreement for use of Pax Query between New Zealand Customs Service and Inland Revenue: Sections 312 and 313 Customs and Excise Act 2018
6) Memorandum of Understanding between the New Zealand Customs Service and the Ministry of Health and the Ministry of Business, Innovation and Employment in relation to the New Zealand Traveller Declaration System (Tranche One)
Yours sincerely,
Shane Gibson
From: AIONO Tyson
New Zealand Customs Service
Kia ora Shane,
Thank you for your response below clarifying the scope of your Official Information Act request to narrow your original request received on 24 March 2023. You have advised Customs you would like to request the following under the Official Information Act:
1) Joint Agency Implementation Reference for Advance Passenger Processing & Advance Passenger Information between Immigration NZ and New Zealand Customs Service
2) New Zealand Technical Operations Group Statement of Principles – New Zealand Police, New Zealand Customs Service, New Zealand Security Intelligence Service, New Zealand Defence Force and Government Security Communications Bureau
3) Information Sharing Agreement between the Ministry of Social Development and the New Zealand Customs Service: Direct Access Agreement under Section 4314 Customs and Excise Act 2018
4) Operational protocol to support the Arrivals/Departures Approved Information Sharing Agreement between Ministry of Social Development, Te Manatu Whakahiato Ora and New Zealand Customs Service, Te Mana Arai o Aotearoa: to allow MSD to verify entitlements to benefits, to help prevent MSD clients from incurring debt, and to recover debts owed
5) Access Agreement for use of Pax Query between New Zealand Customs Service and Inland Revenue: Sections 312 and 313 Customs and Excise Act 2018
6) Memorandum of Understanding between the New Zealand Customs Service and the Ministry of Health and the Ministry of Business, Innovation and Employment in relation to the New Zealand Traveller Declaration System (Tranche One)
Customs will progress your request.
Please note that any in relation to any amended or clarified requests, Section 15(1AA) and (1AB) of the OIA deal with ‘amended or clarified requests’. Where an amendment or clarification was sought by an agency within seven working days after receiving the original request, the amended or clarified request can be treated as a new request which replaces the original one. This voids the agency’s obligation to respond to the original request, and re-starts the statutory time limit for responding to the new one.
Ngâ mihi, Tyson
Tyson Aiono (he/him)
Senior Advisor | Correspondence, Reviews and Ministerial Servicing
New Zealand Customs Service | Te Mana Ârai o Aotearoa
M: 021 586 226 | Email: [email address]
show quoted sections
From: AIONO Tyson
New Zealand Customs Service
[Customs reference: OIA 071]
Tçnâ koe Mr Gibson,
Extension of time limit for request under the Official Information Act 1982
Thank you for your refined request to the New Zealand Customs Service (Customs) dated 1 May 2023, requesting the following information under the Official Information Act 1982 (the Act):
1) Joint Agency Implementation Reference for Advance Passenger Processing & Advance Passenger Information between Immigration NZ and New Zealand Customs Service
2) New Zealand Technical Operations Group Statement of Principles – New Zealand Police, New Zealand Customs Service, New Zealand Security Intelligence Service, New Zealand Defence Force and Government Security Communications Bureau
3) Information Sharing Agreement between the Ministry of Social Development and the New Zealand Customs Service: Direct Access Agreement under Section 4314 Customs and Excise Act 2018
4) Operational protocol to support the Arrivals/Departures Approved Information Sharing Agreement between Ministry of Social Development, Te Manatu Whakahiato Ora and New Zealand Customs Service, Te Mana Arai o Aotearoa: to allow MSD to verify entitlements to benefits, to help prevent MSD clients from incurring debt, and to recover debts owed
5) Access Agreement for use of Pax Query between New Zealand Customs Service and Inland Revenue: Sections 312 and 313 Customs and Excise Act 2018
6) Memorandum of Understanding between the New Zealand Customs Service and the Ministry of Health and the Ministry of Business, Innovation and Employment in relation to the New Zealand Traveller Declaration System (Tranche One)
Customs is unable to process your request within the original timeframe because the consultations necessary to make a decision on your request are such that a proper response to the request cannot reasonably be made within the original time limit. Therefore, Customs is extending the timeframe for response by an additional five working days, pursuant to section 15A(1)(b) of the Act.
The new due date for your request is 6 June 2023. Customs will provide a response to you as soon as reasonably practicable and as soon as it becomes available.
You have the right, by way of complaint to the Office of the Ombudsman under section 28(3) of the Act, to seek an investigation and review of the decision conveyed in this email. Information about how to make a complaint is available online at: www.ombudsman.parliament.nz, or you can phone 0800 802 602.
Ngâ mihi,
Tyson Aiono (he/him)
Senior Advisor | Correspondence, Reviews and Ministerial Servicing
New Zealand Customs Service | Te Mana Ârai o Aotearoa
M: 021 586 226 | Email: [email address]
show quoted sections
From: OIA
New Zealand Customs Service
OIA would like to recall the message, "Official Information request - Copy of Data Sharing MOU’s".
Te Mana Ārai o Aotearoa, New Zealand Customs Service encourages up to date vaccination. To meet our workplace safety requirements you should not attend a Customs site if you are feeling unwell or have COVID-19 symptoms or have positive household close contacts.
The information contained in this email is intended for the addressees and is not necessarily the official view or communication of the New Zealand Customs Service.
This email may contain information that is confidential or legally privileged. If you received this in error, please:
1. Reply promptly to that effect, remove this email and any replies from your system.
2. Do not act on this email in any other way.
From: OIA
New Zealand Customs Service
Appendix one Requested Memorandum of Understandings.pdf
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OIA 23 071 Shane Gibson FYI Response Letter.pdf
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Kia ora Mr Gibson,
Please find attached a response to your request under the Official Information Act received on 1 May 2023.
Ngā mihi,
Correspondence, Reviews and Ministerial Servicing
The New Zealand Customs Service
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Zealand Customs Service and the Accident Compensation Corporation (relating to collection of ACC levy from motor spirits) - 02/02/2004
Information Matching Agreement between the New Zealand Customs Service and the Ministry of Business, Innovation and Employment - Motor Vehicle Traders Importers Programme - Commenced 2004
Memorandum of Understanding between Members of the Combined Law Agency Group in relation to the New Zealand Identity Protection Register - 29/06/2005
Memorandum of Understanding between the Chief of Defence Force and New Zealand Customs Service - 03/10/2005
Memorandum of Understanding between Statistics New Zealand and the New Zealand Customs Service - 22/05/2006
Memorandum of Understanding between the New Zealand Defence Force and the New Zealand Customs Service - 30/08/2006
Memorandum of Understanding between the Ministry of Agriculture and Forestry and the New Zealand Customs Service - 05/03/2007
Information Matching Agreement between Ministry of Justice and New Zealand Customs Service Fines Defaulters Tracing programme -19/12/2008
Memorandum of Understanding between Drug Free Ministry of Culture and Heritage Sport New Zealand and the New Zealand Customs Service - 13/03/2009
Cooperative Arrangement between the New Zealand Customs Service and the Organised and Financial Crime Agency New Zealand - 06/08/2009
Memorandum of Understanding between the New Zealand Customs Service and the Ministry of Economic Development: Petroleum and Engine Fuel Monitoring Levy Collection and Biofuels Statistical Reporting - 01/10/2009
Memorandum of Understanding between Reference Group Members and Subsidiary Parties Government Agencies Covering the Operation of the National Maritime Coordination Centre – between New Zealand Customs Service, Ministry of Fisheries, Maritime New Zealand, Ministry of Foreign Affairs and Trade Authority, New Zealand Defence Force, New Zealand Police, Government Communications Security Bureau, Department of Conservation, Ministry of Primary Industries - 10/11/2009
Memorandum of Understanding between the New Zealand Food Safety Authority and the New Zealand Customs Service - 25/11/2009
New Zealand Technical Operations Group Statement of Principles – New Zealand Police, New Zealand Customs Service, New Zealand Security Intelligence Service, New Zealand Defence Force and Government Security Communications Bureau - 07/06/2011
Passenger Data Agreement: A Memorandum of Understanding between the Aviation Security Service and the New Zealand Customs Service - 27/01/2012
Memorandum of Understanding between the Ministry for Primary Industries, the New Zealand Customs Service and New Zealand Post Limited at the International Mail Centre - 14/11/2012
New Zealand Police, New Zealand Customs Service, Internal Affairs Working Protocols - 08/03/2013
Memorandum of Understanding between the Environmental Protection Authority, the New Zealand Customs Service, the New Zealand Transport Agency and the Ministry for the Environment relating to the administration and implementation of the Climate Change Response Act 2002 and Climate Change (Synthetic Greenhouse Gas Levies) Regulations 2013 specific to the Synthetic Greenhouse Gas (Goods) Levy and the Synthetic Greenhouse Gas (Vehicles) Levy - 14/06/2013
Memorandum of Understanding between the New Zealand Customs Service and Aviation Security Service - 04/07/2013
Memorandum of Understanding between the New Zealand Customs Service and the Serious Fraud Office - 24/05/2014
Memorandum of Understanding between New Zealand Police and the Combined Law Agency Group - 26/05/2014
Memorandum of Understanding between the Department of the Prime Minister and Cabinet and the New Zealand Customs Service - 03/12/2015
Memorandum of Understanding between the Ministry of Business, Innovation and Employment (Immigration New Zealand) and the New Zealand Customs Service - 27/04/2016
Memorandum of Understanding between the New Zealand Customs Service and the New Zealand Police - 07/06/2016
Administration Arrangement for the Border Clearance Levy between the New Zealand Customs Service and the Ministry for Primary Industries: Collection of Biosecurity Levy - 04/07/2016
Memorandum of Understanding for the Production and Distribution Costs of Passenger Arrival Cards between Ministry of Business, Innovation and Employment and the New Zealand Customs Service -24/08/2016
Memorandum of Understanding relating to the Alternative National Crisis Management Centre - 20/07/2017
Memorandum of Understanding for the Electronic Filing of Infringement Reminder Notices between the Ministry of Justice and New Zealand Customs Service - 19/12/2018
Information Sharing Agreement between the New Zealand Gang Intelligence Centre Agencies for the purpose of Reducing gang-related crime - 04/01/2019
Information Sharing Agreement between the Ministry of Social Development and the New Zealand Customs Service: Direct Access Agreement under Section 4314 Customs and Excise Act 2018 - 01/04/2019
Operational protocol to support the Arrivals/Departures Approved Information Sharing Agreement between Ministry of Social Development, Te Manatu Whakahiato Ora and New Zealand Customs Service, Te Mana Arai o Aotearoa: to allow MSD to verify entitlements to benefits, to help prevent MSD clients from incurring debt, and to recover debts owed - 16/05/2019
Relationship Agreement between the New Zealand Customs Service and the Department of Corrections - 17/09/2019
Memorandum of Understanding between the New Zealand Customs Service and New Zealand Police - 23/09/2019
The Ministry of Health and New Zealand Customs Service Information Sharing Memorandum of Understanding – disclosure of information to the Ministry of Health to implement a “collect and contact” procedure in support to the novel Coronavirus response - 10/02/2020
Access Agreement for use of Pax Query between New Zealand Customs Service and Inland Revenue: Sections 312 and 313 Customs and Excise Act 2018 - 10/04/2020
Information Matching Agreement between Inland Revenue and New Zealand Customs Service for the Inland Revenue–Customs Student Loans Information Match: Section 306 Customs and Excise Act 2018 - 10/04/2020
Information Matching Agreement between Inland Revenue and New Zealand Customs Service for the Customs–IR (Child Support Person of Interest and Alerts, and Student Loans Alerts) Information Match: Sections 306 and 307 Customs and Excise Act 2018 - 10/04/2020
Information Sharing Agreement between Inland Revenue and New Zealand Police, New Zealand Customs Service and Serious Fraud Office relating to disclosure of Information by Inland Revenue for the purpose of prevention, detection, investigation or providing evidence of serious crime - 27/07/2020
Information Disclosure Agreement between the New Zealand Customs Service and Energy Efficiency and Conservation Authority Section 316 Customs and Excise Act 2018 - 12/09/2020
Memorandum of Understanding between the Minister of the New Zealand Customs Service And the Minister for Trade and Export Growth: Section 316 Customs and Excise Act 2018 - 26/11/2020
Memorandum of Understanding between the New Zealand Customs Service and the Ministry of Business, Innovation and Employment – sharing information to assist the Ministry of Business, Innovation and Employment in preventing and lessening the serious threat posed by COVID-19 - 21/01/2021
Memorandum of Understanding between Crimestoppers Trust New Zealand, Department of Corrections, Immigration New Zealand, New Zealand Customs Service, CERT NZ, and New Zealand Police - 09/06/2021
Memorandum of Understanding between Ministry of Business Innovation and Employment and New Zealand Customs Service and New Zealand Heavy Engineering Research Association (incorporated) to administer the Heavy Engineering Research Levy Act 1978 - 22/06/2021
Information Disclosure Agreement (COVID-19 response) between New Zealand Customs Service and New Zealand Police: Section 316 Customs and Excise Act 2018 - 07/08/2021
Direct Access Agreement between the Minister Responsible for the New Zealand Security Intelligence Service (NZSIS) and the Minister of Customs - 20/10/2021
Information Disclosure Agreement (COVID-19 response) between New Zealand Customs Service and Ministry of Health: Section 316 Customs and Excise Act 2018 - 16/02/2022
Memorandum of Understanding between the New Zealand Customs Service and the Ministry of Health and the Ministry of Business, Innovation and Employment in relation to the New Zealand Traveller Declaration System (Tranche One) - 07/04/2022
Section 315 of the Customs and Excise Act 2018 authorises Customs to enter into an agreement authorising another agency to directly access information held in Customs’ system for the specific purpose set out in that section of the Act. An agreement was signed between the Minister of Customs and Minister of Police in December 2018 which authorises the New Zealand Police’s access to Customs’ CusMod database for the purpose of assisting the Police to carry out its functions related to, or involving, the prevention, detection, investigation, prosecution or punishment of offences and the protection of public health and safety.
Sections 312 and 313 of the Customs and Excise Act 2018 authorise Customs to enter into an agreement authorising the Inland Revenue Department to directly access information held in Customs’ system for the specific purpose set out in those sections of the Act. An agreement was signed between the Customs and Inland Revenue on 1 April 2020 which authorises Inland Revenue to access Customs’ database for the purposes of the Student Loan Scheme Act 2011 and the Child Support Act 1991.
The Intelligence and Security Act 2017 enables the Minister in Charge of the New Zealand Security Intelligence Service (NZSIS) to enter into agreements with the Ministers of Internal Affairs, Immigration, Customs, and Police for direct access to certain databases that are necessary for NZSIS to perform its functions. The Minister in Charge of NZSIS entered into an agreement with the Minister of Customs to access Customs’ CusMod database for specific information where necessary. An updated direct access agreement took effect on 20 October 2021.
Link to this