New Zealand - Algorithm Use Guidelines
Algorithm Charter for Aotearoa New Zealand
New Zealand
RAI-NZ-NA-ACANZXX-2020The Algorithm Charter for Aotearoa New Zealand is a voluntary, risk‑based commitment for New Zealand public sector agencies to manage the use of algorithms ethically, transparently and with human oversight. Launched in July 2020, the Charter sets six core commitments (Transparency, Partnership, People, Data, Privacy/Ethics/Human Rights, Human Oversight) and provides a risk matrix to guide proportional application.
Summary
The Algorithm Charter for Aotearoa New Zealand (July 2020) is a cross‑government, voluntary framework led through the New Zealand public sector data system to increase public confidence and visibility around the use of algorithms by government agencies. Rather than defining algorithms technically, the Charter adopts a risk‑based approach: agencies assess the likelihood and potential impact of algorithm use and apply the Charter commitments proportionately where algorithms pose moderate to high risk of unintended adverse outcomes for people and communities. The Charter contains six commitments: Transparency; Partnership (including embedding Te Ao Māori perspectives and Treaty of Waitangi principles); People (engagement with impacted communities); Data (ensuring fitness for purpose and bias management); Privacy, Ethics and Human Rights (regular peer review and safeguards); and Human Oversight (nominated contact points, channels for challenge and explanation of human roles).
The document is intended for signatory public sector agencies rather than private actors; signatories commit to applying the Charter to appropriate algorithmic systems according to a provided risk matrix. Implementation support and tooling accompany the Charter on the government data toolkit (data.govt.nz), including an Algorithm Threshold Assessment Questionnaire, an Algorithm Impact Assessment (AIA) questionnaire and user guide, a community of practice, and an implementation plan that maps phased work to strengthen guidance, enhance transparency, and explore oversight mechanisms. An independent one‑year review (completed in late 2021) recommended practical improvements; the implementation plan sets out Phase 1 (guidance and tools), Phase 2 (transparency, engagement, Māori engagement), and Phase 3 (oversight and governance), with milestones tied to New Zealand’s Open Government Partnership commitments.
The Charter is non‑statutory: it does not create new legal powers or statutory penalties but functions as a public‑sector governance instrument complementing existing legislation such as the Privacy Act 2020 and the Official Information Act 1982, and existing guidance (e.g., the Principles for the Safe and Effective Use of Data and Analytics). Its emphasis on proportionate application, plain‑English documentation, nominated points of contact, and routes for challenge and appeal seeks to balance the benefits of algorithmic analysis with safeguards for human rights, privacy, and vulnerable communities. Implementation includes capability building, publication of information where lawful, peer review processes, and—over time—consideration of registry and non‑binding audits, and potential establishment of oversight bodies. The Charter underlines the distinct need to address Māori data sovereignty separately while embedding Te Ao Māori perspectives in practice where appropriate.
Full article
Read full text ↗Overview
The Algorithm Charter for Aotearoa New Zealand (July 2020) is a voluntary, cross-government commitment designed to increase public confidence in the way public agencies develop and use algorithms. Rather than a prescriptive technical standard, the Charter uses a risk‑matrix approach to ensure that agencies focus attention and resources on algorithmic uses that have a moderate to high likelihood of unintended adverse outcomes or would have significant impact if they go wrong. The Charter sets out six core commitments — Transparency; Partnership (including embedding Te Ao Māori perspectives and Treaty of Waitangi principles); People (engagement and consultation); Data (fit for purpose and bias mitigation); Privacy, Ethics and Human Rights (peer review and safeguards); and Human Oversight (nominated contacts and appeal channels). The Charter is published on the government data toolkit and accompanied by practical tools (threshold assessments, impact assessment questionnaires, and guidance) and an implementation plan that phases guidance, transparency, and oversight measures. The original publication and subsequent implementation plan are available from the government data toolkit and related public sector pages such as the Beehive launch statement.
Definitions
The Charter intentionally does not adopt a single technical definition of an "algorithm". It recognises a spectrum of techniques — from simple decision rules and regression models to machine learning approaches such as neural networks and Bayesian models. Instead of a strict definitional boundary, the Charter focuses on the effects and risks of algorithm use: agencies must identify algorithmic deployments that could significantly affect wellbeing or have a high likelihood of causing unintended harm, and apply the Charter commitments in proportion to assessed risk. The Charter references prior analysis such as "Government Use of Artificial Intelligence in New Zealand" (2019) as background for definition and classification discussions.
Governance and Institutional Framework
The Charter is a non‑statutory framework stewarded within the New Zealand government data system and promoted via the central data toolkit hosted on data.govt.nz. Leadership for uptake, review and implementation is coordinated through system leads including Tatauranga Aotearoa — Stats NZ, with implementation support from a cross‑agency community of practice. The implementation plan contemplates three phases: Phase 1 (strengthen guidance and tools such as threshold and impact assessment questionnaires), Phase 2 (transparency and engagement including Māori engagement guidance), and Phase 3 (oversight and governance, which may explore non‑binding audits, a public register of public service algorithms, and the creation of an oversight body). Other institutional stakeholders engaged with the Charter’s operation include the Public Service Commission, the Office of the Privacy Commissioner, and line agencies who become signatories; the Charter is positioned to complement existing laws and policies such as the Privacy Act and sector‑specific frameworks rather than replace them. Key public resources, templates and guidance are published in the data ethics section of the data toolkit.
Key Focus Areas
The Charter centralises several focus areas. Transparency requires plain‑English documentation of algorithmic decision‑making, publication of data and process information where lawful, and clear public explanation of how algorithms inform decisions. Partnership compels agencies to embed Te Ao Māori perspectives and honour Treaty principles in algorithm design and deployment, while noting that Māori data sovereignty may require separate, specialised consideration. People‑centric commitments require active engagement with affected communities, consulting those impacted by systems, and providing mechanisms to challenge decisions based on algorithms. Data commitments emphasise fitness for purpose, explicit identification and management of bias, and clear documentation of data provenance, collection, security and retention practices. Privacy, ethics and human rights commitments require regular peer review to detect unintended consequences, and remediation where issues are found. Human oversight insists on nomination of public contact points, channels for appeals or challenges, and transparency about the role and limits of human decision‑makers. Collectively these areas seek to balance public benefit from algorithmic analysis with protections for rights and the most vulnerable.
Implementation Framework
Implementation is risk‑based: agencies use an embedded risk matrix to determine whether the Charter should be applied (Low: could be applied; Moderate: should be applied; High: must be applied). Practical instruments provided include an Algorithm Threshold Assessment Questionnaire to screen algorithms, an Algorithm Impact Assessment (AIA) questionnaire and user guide for high‑risk systems, and report templates for documenting reviews. The implementation plan outlines capability building, the establishment of a community of practice, guidance for iwi and Māori engagement, and timelines for tools and guidance release. Agencies are expected to maintain records of assessments and peer reviews, nominate points of contact for public inquiries, and to publish explanatory material about algorithms where not prohibited by law. Over time the plan contemplates piloting non‑binding audits and developing oversight arrangements to increase assurance of Charter commitments.
Monitoring and Evaluation
The Charter envisages iterative review and evaluation. An independent one‑year review (completed in December 2021) evaluated uptake and recommended 24 practical considerations to improve guidance and implementation; Stats NZ and partner agencies committed to phased implementation of these recommendations. Monitoring activities in the implementation plan include community of practice activity metrics, publication of AIA outcomes (where lawful), capabilities built across signatories, and participation in Open Government Partnership milestones. Phase 3 contemplates broader assurance mechanisms such as voluntary audits or an oversight body; however, monitoring to date has primarily been through internal agency governance, peer review processes and public disclosure where permitted.
Penalties, Liability, and Appeals
The Charter itself is non‑statutory and contains no direct criminal or civil penalties. Liability for algorithmic harms remains governed by existing legal regimes (for example, the Privacy Act 2020, administrative law remedies, and statutes governing particular sectors). The Charter requires agencies to provide channels for challenge and appeal of algorithm‑informed decisions and to nominate a public contact for inquiries. Non‑compliance with the Charter may therefore result in reputational risk, internal administrative actions, public scrutiny, Official Information Act requests, and (in cases implicating privacy or other legal obligations) possible regulatory action under existing law. The implementation plan also contemplates exploring oversight mechanisms that could introduce new forms of assurance or encouragement to comply.
Relationship to Other Instruments
The Charter is explicitly framed to operate alongside and complement other instruments: it references the "Principles for the Safe and Effective Use of Data and Analytics" (Privacy Commissioner & Government Chief Data Steward, 2018), the Privacy Act 2020, the Official Information Act 1982, the Government Use of Artificial Intelligence report (2019), and sector frameworks such as the Privacy, Human Rights and Ethics Framework (Ministry of Social Development). It supports New Zealand’s Open Government Partnership commitments and seeks to align agency behaviours with established privacy, ethical and Treaty considerations. The Charter recognises some issues—most notably Māori data sovereignty—require dedicated, separate processes and instruments.
International Alignment
Although developed within New Zealand’s constitutional and Treaty context, the Charter aligns with international trends and soft law instruments emphasising transparency, human oversight, and risk‑based governance of automated decision systems. The Charter’s commitments are consistent with OECD AI principles and with comparable government initiatives that prioritize human‑centred design, explainability, and proportionality. New Zealand’s approach intentionally emphasises partnership with Indigenous communities, making explicit room for Te Ao Māori as a distinguishing feature while maintaining interoperability with international data governance norms.
Implementation Timeline
| Milestone | Date / Target |
|---|---|
| Charter launched | 28 July 2020 |
| One‑year independent review commissioned / completed | Review completed Dec 2021 |
| Phase 1 tools and guidance (threshold & AIA questionnaires, user guides) | 2022–2023 (tools published on data.govt.nz) |
| Open Government Partnership milestones (community of practice and prioritisation) | June–Dec 2023 |
| Phase 2 tools, transparency guidance and Māori engagement support | By Dec 2024 (planned milestones) |
| Phase 3 oversight exploration (non‑binding audit pilots, register) | Ongoing (subject to system decisions) |
Sources and References
| Source | Type |
|---|---|
| Algorithm Charter for Aotearoa New Zealand (PDF) | Primary Source |
| Data.govt.nz – Algorithm charter for Aotearoa New Zealand (web) | Primary Source |
| Beehive release – New Algorithm Charter a world-first (28 July 2020) | Primary Source |
Requirements for a company
What an organisation has to do under New Zealand - Algorithm Use Guidelines, at a glance. Not legal advice — the table below gives the provision and deadline for each item.
Must do
12- Conduct an algorithm risk assessment using the threshold questionnaire and risk matrix.New Zealand public sector agencies using algorithms.
- Document algorithmic decision-making processes in plain English.New Zealand public sector agencies using algorithms.
- Publish data and process information about algorithms where legally permissible.New Zealand public sector agencies using algorithms.
- Embed Te Ao Māori perspectives and honour Treaty principles in algorithm design and deployment.New Zealand public sector agencies designing or deploying algorithms.
- Actively engage with communities affected by algorithmic systems.New Zealand public sector agencies deploying algorithms.
- Explicitly identify and manage bias in data used for algorithms.New Zealand public sector agencies using algorithms.
- +6 more in the table below
Must not do
0Nothing in this category.
Should do
0Nothing in this category.
Should not do
0Nothing in this category.
Who must do what
The obligations under New Zealand - Algorithm Use Guidelines, most serious first. Not legal advice — verify against the official text before relying on it.
| # | Who | Requirement | By when | Where | Severity |
|---|---|---|---|---|---|
| 1 | New Zealand public sector agencies using algorithms. | Conduct an algorithm risk assessment using the threshold questionnaire and risk matrix. “Implementation is risk-based: agencies use an embedded risk matrix to determine whether the Charter should be applied.” | Before deploying an algorithm | Implementation Framework | Important |
| 2 | New Zealand public sector agencies using algorithms. | Document algorithmic decision-making processes in plain English. “Transparency requires plain-English documentation of algorithmic decision-making.” | Before deploying an algorithm | Key Focus Areas - Transparency | Important |
| 3 | New Zealand public sector agencies using algorithms. | Publish data and process information about algorithms where legally permissible. “publication of data and process information where lawful.” | Before deploying an algorithm | Key Focus Areas - Transparency | Important |
| 4 | New Zealand public sector agencies designing or deploying algorithms. | Embed Te Ao Māori perspectives and honour Treaty principles in algorithm design and deployment. “Partnership compels agencies to embed Te Ao Māori perspectives and honour Treaty principles in algorithm design and deployment.” | During algorithm design and deployment | Key Focus Areas - Partnership | Important |
| 5 | New Zealand public sector agencies deploying algorithms. | Actively engage with communities affected by algorithmic systems. “People-centric commitments require active engagement with affected communities, consulting those impacted by systems.” | Before deploying or significantly changing an algorithm | Key Focus Areas - People | Important |
| 6 | New Zealand public sector agencies using algorithms. | Explicitly identify and manage bias in data used for algorithms. “Data commitments emphasise... explicit identification and management of bias.” | Before deploying an algorithm | Key Focus Areas - Data | Important |
| 7 | New Zealand public sector agencies using algorithms. | Document data provenance, collection, security, and retention practices for algorithms. “clear documentation of data provenance, collection, security and retention practices.” | Before deploying an algorithm | Key Focus Areas - Data | Important |
| 8 | New Zealand public sector agencies deploying algorithms. | Conduct regular peer reviews to detect unintended algorithmic consequences. “Privacy, ethics and human rights commitments require regular peer review to detect unintended consequences.” | Regularly, after deployment | Key Focus Areas - Privacy, Ethics and Human Rights | Important |
| 9 | New Zealand public sector agencies deploying algorithms. | Remediate issues found during peer reviews of algorithms. “remediation where issues are found.” | Upon discovery of issues | Key Focus Areas - Privacy, Ethics and Human Rights | Important |
| 10 | New Zealand public sector agencies deploying algorithms. | Nominate public contact points for inquiries about algorithms. “Human oversight insists on nomination of public contact points.” | Before deploying an algorithm | Key Focus Areas - Human Oversight | Important |
| 11 | New Zealand public sector agencies deploying algorithms. | Provide channels for individuals to appeal or challenge algorithm-informed decisions. “channels for appeals or challenges.” | Before deploying an algorithm | Key Focus Areas - Human Oversight | Important |
| 12 | New Zealand public sector agencies using algorithms. | Maintain records of algorithm assessments and peer reviews. “Agencies are expected to maintain records of assessments and peer reviews.” | Continuously | Implementation Framework | Important |
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