Centrix Consumer Credit Bureau
Why are the rules of access to Centrix’ consumer credit bureau different from Centrix’ commercial credit bureau?
Our consumer credit bureau holds credit information on individuals and Centrix’ operation of this bureau is regulated by the Credit Reporting Privacy Code 2004 (“Code”). The Code sets out the type of information that we can hold on this bureau, how we can collect and use the information and to whom we can give the information to. The Code also requires us to monitor subscribers’ access to the bureau as well as your compliance with some of the obligations in our subscriber agreement with you.
Centrix is required to submit an annual Assurance Report to the Privacy Commissioner providing certain assurances in relation to Centrix’ compliance with the Code.
You are only permitted to use our consumer credit bureau services if you fall into one of the categories below and the reason for your access is for the corresponding purpose:
|Subscriber Category||Permitted Purpose of Access to Consumer Credit Bureau|
|AML Verification only||Verifying the identity of an individual for AML/CFT requirements|
|Credit or service provider
(or their agent)
(or their agent)
|Assessing the credit worthiness of the individual as a prospective tenant or as a guarantor of a tenancy|
(or their agent)
|A pre-employment check of the individual for a position involving significant financial risk|
(or their agent)
|Debt Collector||Enforcement of a debt owed by an individual|
There some other permitted purposes (such as where it is necessary to avoid prejudice to the maintenance of law or for the conduct of proceedings) however, these are exceptional cases and if you consider you fall within any of these additional categories, please contact us.
Yes. The only exception is if you are a debt collector.
You can only list credit account defaults on our consumer credit reporting bureau if you have the consent of the person. Debt collectors are not required to get consent. See below for more information on the listing of defaults.
There are many ways of obtaining consent and you must make your own decision about how you are going to do that (in writing, in person, over the phone or electronically). Whichever way you choose to obtain consent, when we carry out our scheduled compliance monitoring (see below for further information on this) you must be able to show us that you obtained the consent before you made the enquiry or listed the default. Most of our subscribers get consent in writing as this is the easiest way to show that the person has given their consent.
We have some sample consent clauses which may assist you in obtaining the appropriate authorisations. These are for illustrative purposes only and are not legal advice and you should obtain your own independent legal advice on how you obtain consent and how to comply with your obligations under the subscriber agreement and the Privacy Act 1993.
You should make sure you keep these consent for at least as long as Centrix is able to report the information (see below for table of maximum reporting periods).
What about when I am carrying out a credit check on a company and I also want to credit check each director?
The same rules apply. You must have the consent of every director before you make an enquiry on our consumer credit bureau.
You must only supply us with default information on credit account defaults of $125 or more. These are accounts where credit has been given (such as loans, or where goods or services have been provided before payment). The debt must not be disputed. In addition, there are a number of other Code requirements that must be met before you list the default information with us:
- The debt must be overdue by at least 30 days.
- You must have told the person in default and asked them to pay the amount.
- If the debtor is a guarantor, at least 30 days must have passed since your notification to them to pay the debt.
- You must have taken additional steps to recover the debt (such as a further notice, referral to a debt collector or a solicitor).
- You must not be prevented by or under any law from bringing proceedings to recover the debt.
The subscriber agreement sets out the steps you must take if you want to collect driver licence information to disclose to Centrix. The individual must be made aware that the provision of the information is voluntary.
Before we are allowed to give you access our consumer credit bureau, a subscriber agreement must be entered into that includes certain obligations on you. See Schedule 3 to the Code which sets out the obligations that we must include in our subscriber agreement.
The Code requires Centrix to monitor your use of the consumer credit bureau and to regularly check your compliance with the Code obligations in the subscriber agreement. We are required to take prompt and effective action if we identify any breaches. Our compliance checks may require you to answer questions or provide us with information or documentation or to take other reasonable steps to show compliance with the subscriber agreement. If you do not comply then we may suspend or terminate your use of our consumer credit bureau services.
The Code has set maximum reporting periods, set out below:
|Types of Credit Information||Maximum Reporting Period|
|Lost, stolen or compromised identification documents information||5 years from date Of report|
|Credit application information||5 years from date of application|
|Credit account information (Other repayment history information)||2 years from date credit account closed|
|Repayment history information||2 years from month following due date Of periodic payment|
|Credit default information relating to debtor credit default||5 years from date of default|
|Credit default information relating to guarantor credit default||5 years from date of notification Of debtor’s default to guarantor|
|Serious credit infringement information||5 years from date Of action|
|Credit non-compliance action information||6 months from date Of action|
|Confirmed credit non-compliance action information||5 years from date Of action|
|Judgments||5 years from date of judgment|
|Single bankruptcy||4 years from date of discharge from bankruptcy|
|Single entry to no asset procedure||4 years from date Of discharge from the no asset procedure|
|Multiple insolvency events
(as provided Insolvency Act 2006, section 449A)
|Summary instalment orders||5 years from date of order|
|Previous enquiry record||4 years from date of enquiry|
|Credit score||2 working days from date of creation|
Fines information from the Ministry of Justice
Centrix’ access to fines information from the Ministry of Justice is regulated by the Summary Proceedings Act 1954 (s92A – 92I) and the Summary Proceedings (Credit Reporting of Fines) Regulations 2011. Centrix is required to submit an annual report to the Chief Executive of the Ministry of Justice providing certain assurances in relation to Centrix’ compliance with the Act and the Regulations.
If you fall into one of the subscriber categories set out above for access to our consumer credit bureau services, you can access fines information for the corresponding permitted purpose.
Yes. The person must consent to you:
- submitting the fine status query
- disclosing personal information as part of making the enquiry
- providing the MOJ fine response to Centrix and to you
You must keep a record evidencing the consent for at least 2 years after the consent was given. We have sample consent clauses which may assist you in obtaining the appropriate consents. These are for illustrative purposes only and are not legal advice and you should obtain your own independent legal advice on how you obtain consent and how to comply with your obligations under the subscriber agreement and the Privacy Act 1993.
The subscriber agreement sets out the steps to be taken by you if you collect driver licence information to include in a fine status query. The individual must be made aware that the provision of the information is voluntary.
Motor Vehicle Register/Personal Property Securities Register
This depends on the type of information you are seeking. Vehicle information is available to all subscribers, along with the names and addresses of companies or other corporate bodies that are or have been previously registered in respect of a vehicle. Name and address information of individuals who are registered persons can only be accessed under a specific authorisation granted by the New Zealand Transport Agency. Centrix has been granted a specific authorisation for access to name and address information on behalf of its subscribers in certain circumstances, as explained below.
When can a subscriber have access to names and address information on individuals from the Motor Vehicle Register?
Centrix has been granted authorisation to access name and address information on individuals on behalf of its subscribers for specified purposes only. The subscribers who are able to have access to this information and for what specified purposes is listed in the table below. If you are a subscriber that meets the criteria under our authorisation, before access to this information is given to you, the specified purposes that apply to you will be discussed and agreed upon by reference to a specific schedule that will form part of the subscriber agreement.
|Type of Subscriber||Specified Purpose for access to name and address information on individuals held on the Motor Vehicle Register|
|Who has an existing security interest in the motor vehicle||To check or confirm details where the client
has an existing security interest in the relevant motor vehicle
been granted an authorisation under s241 of the Land Transport Act.
|This will be for the specified purpose set out in the authorisation. We will need to see a copy of the authorisation.|
|In lawful possession of a vehicle||To allow a registered person to be contacted where the subscriber is in lawful possession of the vehicle, but the owner is unknown|
|Credit providers, including banks,||To allow subscriber to verify information provided by customers where consent to obtain this information has been given by the person to whom it relates.|
|Has AML Verification obligations||To perform electronic identification checks on the subscribers customers in accordance with current Identity Verification Code of Practice (AML/CFT Act 2009)|
Access to the PPSR is governed by the Personal Property Securities Act 1999. S173 of that Act sets out when a search of the register can be carried out. The following table lists most of the circumstances where a search of the register can be undertaken.
|Type of Subscriber||Purpose of Access to the PPSR|
|Any subscriber||With the consent of the individual concerned for the purpose of searching for information about that individual in accordance with the Privacy Act 1993.|
|Debtor or secured party||A purpose that relates to the debtor’s or secured party’s security interest in respect of which a financing statement has been registered.|
|Any subscriber||Establishing whether or not personal property that is to be purchased or otherwise dealt with by the person is subject to a security interest.|
|Any subscriber||Establishing whether to provide credit to, or to obtain a guarantee or an indemnity from, the person named in the search or the person with an interest in the personal property described in the search.|
|Any subscriber||Establishing whether to provide credit to, or to obtain a guarantee or an indemnity from, a related company of the company named in the search or of the company with an interest in the personal property described in the search.|
|Any subscriber||Establishing whether to invest in, with, or through, the person named in the search.|
|Any subscriber||Establishing whether to invest in, with, or through, a related company of the company named in the search or of the company with an interest in the personal property described in the search.|
|Liquidator||A purpose that relates to the administration of the liquidation.|
|Receiver||A purpose that relates to the administration of the receivership.|
|Official Assignee||A purpose that relates to the administration of the bankruptcy of the person named in the search.|
|Executor or administrator of a deceased estate||A purpose that relates to the administration of the deceased estate of the person named in the search.|
|Public sector agency||A purpose that relates to the maintenance of the law (including the prevention, detection, investigation, prosecution, and punishment of offences).|
|Holder of a lien or charge or a creditor||A purpose that relates to the enforcement of the lien, charge, or creditor’s rights, as the case may be.|
|Court Bailiff||A purpose that relates to the enforcement of a court order or warrant|
|News medium||Verifying or establishing, in relation to a particular record, a fact that relates to its news activities.|