Schedule 2 to
NZ Police / DIA MOU
The Commissioner of Police and the Secretary
for Internal Affairs
Information Sharing
Registered Child Sex Offenders
1
IN CONFIDENCE
1. Recitals
This Schedule is made between the Commissioner of Police (“Police”) and the
Secretary of Internal Affairs (“DIA”), (together “the Parties”) under the Memorandum
of Understanding (“MoU”) between the Parties dated 27th March 2019.
The Police is regulated by the Policing Act 2008. DIA must comply with the Passports
Act 1992.
Specified agencies are permitted to share information under section 43 of the Child
Protection (Child Sex Offender Government Agency Registration) Act 2016.
The Parties have accordingly reached the following understanding set out in this
MoU.
2. Background
The Child Protection (Child Sex Offender Government Agency Registration) Act
established a Child Sex Offender Register (“the register”) to reduce sexual
reoffending against children, and the risk posed by serious child sex offenders by:
• Providing government agencies with the information needed to monitor child
sex offenders in the community, including after completion of their sentence;
and
• Providing up-to- date information that assists the Police to more rapidly
resolve cases of child sexual offending.
Registered Child Sex Offenders are required under section 16 of the Child Protection
(Child Sex Offender Government Agency Registration) Act to provide details of their
current name and all previous names and their date of birth along with other
information when being released from custody, when made subject to a registration
order, or when entering New Zealand from a foreign jurisdiction.
Under section 16(l) of the Child Protection (Child Sex Offender Government Agency
Registration) Act, Registered Child Sex Offenders are required to provide details of
any valid passports.
Once registered, Child Sex Offenders are required to confirm at least annually that
the information held in the register is accurate in accordance with section 19 of the
Child Protection (Child Sex Offender Government Agency Registration) Act.
If a Registered Child Sex Offender changes their personal information at any time,
they are required to notify the Police within 72 hours in accordance with section 20 of
the Child Protection (Child Sex Offender Government Agency Registration) Act. In
some circumstances the individual may be required to make the report in person. At
this time, they must also provide identification documents to confirm their identity
and, if appropriate, confirm the details of any changes.
3. Purpose
This Schedule provides for the sharing of specified information in accordance with
section 43 of the Child Protection (Child Sex Offender Government Agency
Registration) Act. Information sharing supports the purposes outlined in clause 2.6 of
this MoU.
This Schedule is made under clause 1.4 of this MoU and is intended to be read in
conjunction with this MoU.
4. Objectives
The objectives of this Schedule are to ensure that the Police can access information
held by DIA regarding Registered Child Sex Offenders. This information is being
shared for the purposes of:
• monitoring the whereabouts of the Offender:
• verifying personal information reported by the Offender:
• managing the risk that the Offender may commit further sexual offences
against children:
• managing any risk or threat to public safety.
5. Information to be shared
The implementing arrangements shall be subject to the obligations set out in this
Schedule and this MoU.
5.1. Information to be shared by Police
The Police will provide the following information to the Secretary of Internal Affairs
regarding the individual:
• First name(s) (optional)
• Surname
• Date of birth
• Gender.
The Police will also provide the following information to the Secretary of Internal
Affairs regarding the query:
• Thumbnail required indicator
• Requesting Police Officer ID
• Requesting Officer’s HR location
• Query reason.
5.2. Information to be shared by the Secretary Internal Affairs
The Secretary Internal Affairs will disclose the following information from the
individual’s latest issued passport, regardless if still valid, in the event of an identified
match:
• Travel Document Number
• Current first name
• Current surname
• Previous first name(s)
• Previous surname(s)
• Surname at birth
• First name at birth
• Photograph (if thumbnail is requested)
• Date of birth
• Gender
• Place of birth
• Country of birth
• Height
• Eye colour
• Residential address
• Travel document status
• Travel document type
• Travel document issue date
• Death indicator.
5.3. Information not to be shared by the Secretary of Internal Affairs
The following information will not be shared by the Secretary of Internal Affairs:
• Pre adoption name records
• Pre sexual assignment or reassignment name records.
6. How the information will be used
The Police will use the information provided by DIA under section 43 of the Child
Protection (Child Sex Offender Government Agency Registration) Act for the
purposes of:
• monitoring the whereabouts of the Offender:
• verifying personal information reported by the Offender:
• managing the risk that the offender may commit further sexual offences
against children:
• managing any risk or threat to public safety.
Information received by the Police from the Secretary Internal Affairs may be used to
correct and update records held by the Police, but will not otherwise be retained.
The Parties will ensure that information shared under this Schedule will only be used
and accessed by appropriately trained, qualified and authorised staff.
7. Disclosure to third parties
Nothing in this Schedule is intended to affect the ability of the Parties to exchange or
access information pursuant to any other information sharing agreement or
enactment, including the ability to access identity information pursuant to the Privacy
Act 1993.
Information that is provided to any third party as authorised by or under law will be
provided on the basis of any relevant restrictions or conditions.
Where any information is incorporated into reports or documents for further
dissemination then that information will be dealt with in accordance with any relevant
caveats, restrictions or conditions and any legislation relating to its lawful distribution.
8. Procedure for sharing information
Information may be exchanged between the Parties utilising direct access to the
information via an Application Programming Interface (“API”).
The following conditions apply to the information sharing exchange:
• The information will be encrypted while in transit between the Parties;
• The API will validate queries and search results to ensure their validity; and
• Access to the API will be subject to role-based access controls.
Information is provided by Parties on a ‘best endeavours’ basis. There is no
guarantee of system availability.
9. Matching rules
The first name (if provided), surname, date of birth and gender must match for an
individual to be considered to be matched.
Conditions for matching the first name are:
• Only one entire name element needs to match for a result to be returned
• The order the names are presented does not matter
• If the name exists in the transliteration list, and one of those names match
• Searches are case-insensitive.
Conditions for matching the surname are:
• All parts of the surname must be present
• These non-alphanumeric characters are ignored ; # ‘ ( ) , - @ `
• Spaces are ignored
• Searches are case-insensitive
• No transliteration support.
Conditions for matching the date of birth are:
• Dates will be matched
• Times will be ignored.
Conditions for matching the gender are:
• If female is provided by the Police then it matches records containing female
or indeterminate
• If male is provided by the Police then it matches records containing male or
indeterminate
• If gender unknown / indeterminate is provided by the Police then it matches
all records.
10. Safeguards to protect personal information and minimise privacy risks
The Police will comply with applicable legislation, including ensuring that personal
information is only accessed and used:
• by persons acting in the course of their official duties as employees of the
Police, and
• in accordance with any specific purposes for accessing information under
section 43 of the Child Protection (Child Sex Offender Government Agency
Registration) Act.
The Police will ensure that all personal information received from DIA is protected by
reasonable security safeguards against loss, unauthorised access, use, modification,
or disclosure, or any other misuse.
The following safeguards exist to protect the privacy of individuals and ensure that
any interference with their privacy is minimised:
• The Parties, including their staff, will abide by the Public Sector Standards of
Integrity and Conduct, and specifically for Police staff, the Police Code of
Conduct.
• Information to be transferred to the Police under this Schedule will be extracted
from the appropriate system based on a pre-defined query.
• The information to be transferred to the Police under this Schedule will be
transferred securely to the Police in accordance with the requirements of the
New Zealand Information Security Manual (“NZISM”).
• Access to the National Intelligence Application (“NIA”) is role-based and
managed by the Police’s information security and user access policies. NIA is a
secure database, accessed by users through a Police account.
• Police staff are trained in the use of NIA.
• The Police’s Professional Conduct unit regularly audits usage through
transaction logs and has committed to doing the same for DIA queries.
• NIA is protected by several layers of security, including firewalls and intrusion
detection and subject to regular testing.
11. Retention and disposal
Both Parties shall ensure that any information shared is stored and managed in
accordance with mandated security, policies, including the Parties’ privacy, data and
information retention, and security policies, practices and procedures.
The Parties will comply with any Government security protocols regarding storage,
retention and destruction of information.
Information received under this Schedule will be stored by each Party in a secure
system that protects the information against unauthorised use, modification,
destruction, access and disclosure or any other misuse.
Information received by the Secretary Internal Affairs from the Police maybe retained
indefinitely.
Information received by the Police from the Secretary Internal Affairs may be used to
correct and update records held by the Police, but will not otherwise be retained.
12. Fees/costs
Fees associated with this Schedule, if any, will be agreed by the Parties.
13. Security and privacy provisions
If any Party has reasonable cause to believe that any breach of any security or
privacy provisions in this Schedule has occurred, or may occur, that Party may
undertake investigations in relation to that actual or suspected breach as is deemed
necessary. Where an internal investigation confirms a security or privacy breach the
other Party will be notified as soon as possible.
Where an internal investigation confirms the loss of, or unauthorised access to,
personal information amounting to a significant privacy breach, the Privacy
Commissioner will be notified as soon as possible. The Parties will observe any legal
requirements to notify the Privacy Commissioner or individuals of privacy breaches.
The Parties will take all reasonably practicable measures to mitigate and remedy the
effects of any such breach.
The Parties shall ensure that reasonable assistance is provided to the investigating
Party in connection with all inspections and investigations. The investigating Party
will ensure that the other Parties are kept informed of any developments in the
investigation.
Any Party may suspend the information sharing process to allow time for a security
or privacy breach to be remedied.
14. Dispute resolution
Should any dispute or difference relating to the application or interpretation of this
Schedule arise, the Parties will meet in good faith with a view to resolving the dispute
or difference as quickly as possible.
Where there is any dispute between the Parties, the matter shall initially be referred
to the Manager, Child Sex Offender Registry for the Police and to the Manager
Information Partnerships, Te Pou Manawa, Service Delivery and Operations for the
Department of Internal Affairs.
Matters that remain unresolved or need further adjudication, will be referred to the
Assistant Commissioner, Performance for the Police or to the General Manager, Te
Pou Manawa, Service Delivery and Operations for the Department of Internal Affairs.
If agreement cannot be reached within 28 days of the referral, the matter will be
referred, in writing, to the Registrar-General, Births, Deaths, and Marriages, the
Secretary of Internal Affairs and the Commissioner of Police for final resolution.
The Parties shall continue to comply with their obligations under this Schedule
despite the existence of any dispute or difference.
15. Review of Schedule
The Schedule will be reviewed by the Parties 12 months after its signing.
Further reviews will be undertaken as part of a review of this MoU.
16. Amendments to Schedule
The Parties will enter into consultations with respect to amendment of this Schedule
at the written request of any Party.
This Schedule may be amended at any time by the mutual written agreement of the
Parties. An amendment to this Schedule commences on the day that the Parties
have agreed in writing to the amendment.
17. Quality assurance and audit
The Parties agree to cooperate to allow the Police to conduct an audit if requested.
The Police agree to share the results of any audit with the other Party. The Police
audit, if any, will confirm that the safeguards in this Schedule are operating as
intended, that they remain sufficient to protect the privacy of individuals, and to
ascertain whether any issues have arisen in practice that need to be resolved.
The Parties agree to assist and support each other with quality assurance and/or
audit activities that may arise from time-to-time.
The Parties will consult with each other regarding the scope of assistance and
support to be provided to each other.
18. Term and termination
This Schedule commences on the date the last Party signs it.
This Schedule shall continue in force until terminated by any Party. Any Party may
terminate this Schedule without cause by providing three months’ written notice to
the other Party.
Any Party may suspend, limit, or terminate this Schedule if it appears to that Party
that the terms of the Schedule are not being met or have been breached or the
information sharing under this Schedule is otherwise unlawful.
If extraordinary circumstances arise (including but not limited to acts of God,
earthquake, eruption, fire, flood, storm or war or industrial action, strike, or lockout)
which prevent any Party from performing its obligations under this Schedule, the
performance of that Party’s obligations shall be suspended for as long as those
extraordinary circumstances prevail.
19. Media and information requests
The Parties will consult with each other before responding to any media enquiry
relating to this Schedule.
The Parties are responsible for complying with their respective obligations under the
Privacy Act 1993, the Official Information Act 1982, and any other applicable
successor legislation.
If any Party receives a disclosure request, including under the Privacy Act 1993 or
the Official Information Act 1982, that relates to information exchanged under this
Schedule, the Party that received the request will consult with the other relevant
Party as soon as practicable regarding the request or where the request for
information appears to more closely relate to one Party’s functions, the Parties agree
that the request will be transferred to that Party in accordance with section 14 of the
Official Information Act 1982.
20. Operational contacts
Each Party will appoint a contact person to co-ordinate the operation of this Schedule
with the other Parties. The initial contact persons are as follows:
Party
Contact
Police
Mark Hutton
Manager, Child Sex Offender Registry
Secretary of Internal Affairs
Logan Fenwick
Manager Information Partnerships
Te Pou Manawa
Service Delivery & Operations
All notices and other communication between the Parties under this Schedule shall
be sent to the operational contacts.
The operational contacts may be updated from time to time by notice (which may be
sent by email) to the other Party.
21. Signatories
The Parties' signatories to this Schedule are:
Signed for and on behalf of the Secretary of Internal Affairs on the 8th day of April
2020.
Name:
Designation: Secretary of Internal Affairs and Chief Executive of the Department of
Internal Affairs
Signed for and on behalf of the Commissioner of Police on the 3rd day of March
2020.
Name: Paul Basham
Designation: Assistant Commissioner Performance
Schedule 3 to
NZ Police / DIA MOU
The Commissioner of Police and the Registrar-
General, Births, Deaths, and Marriages
Information Sharing
Registered Child Sex Offenders
10
IN CONFIDENCE
1. Recitals
This Schedule is made between the Commissioner of Police (“Police”) and the
Registrar-General, Births, Deaths, and Marriages (“Registrar-General”), (together
“the Parties”) under the Memorandum of Understanding (“MoU”) between the Parties
dated 27th March 2019.
The Police is regulated by the Policing Act 2008. The Registrar-General must comply
with the Births, Deaths, Marriages, and Relationships Registration Act 1995
(“BDMRR Act”).
Specified agencies are permitted to share information under section 43 of the Child
Protection (Child Sex Offender Government Agency Registration) Act 2016.
The Parties have accordingly reached the following understanding set out in this
MoU.
2. Background
The Child Protection (Child Sex Offender Government Agency Registration) Act
established a Child Sex Offender Register (“the register”) to reduce sexual
reoffending against children, and the risk posed by serious child sex offenders by:
• Providing government agencies with the information needed to monitor child
sex offenders in the community, including after completion of their sentence;
and
• Providing up-to- date information that assists the Police to more rapidly
resolve cases of child sexual offending.
Registered Child Sex Offenders are required under section 16 of the Child Protection
(Child Sex Offender Government Agency Registration) Act to provide details of their
current name and all previous names and their date of birth along with other
information when being released from custody, when made subject to a registration
order, or when entering New Zealand from a foreign jurisdiction.
Once registered, Child Sex Offenders are required to confirm at least annually that
the information held in the register is accurate in accordance with section 19 of the
Child Protection (Child Sex Offender Government Agency Registration) Act.
If a Registered Child Sex Offender changes their personal information at any time,
they are required to notify the Police within 72 hours in accordance with section 20 of
the Child Protection (Child Sex Offender Government Agency Registration) Act. In
some circumstances the individual may be required to make the report in person. At
this time, they must also provide identification documents to confirm their identity
and, if appropriate, confirm the details of any changes.
3. Purpose
This Schedule provides for the sharing of specified information in accordance with
section 43 of the Child Protection (Child Sex Offender Government Agency
Registration) Act. Information sharing supports the purposes outlined in clause 2.6 of
this MoU.
This Schedule is made under clause 1.4 of this MoU and is intended to be read in
conjunction with this MoU.
4. Objectives
The objectives of this Schedule are to ensure that the Police can access information
held by the Registrar-General regarding Registered Child Sex Offenders. This
information is being shared for the purposes of:
• monitoring the whereabouts of the Offender:
• verifying personal information reported by the
Offender:
• managing the risk that the Offender may commit further sexual offences
against children:
• managing any risk or threat to public safety.
5. Information to be shared
The implementing arrangements shall be subject to the obligations set out in this
Schedule and this MoU.
5.1. Information to be shared by Police
The Police will provide the following information to the Registrar-General regarding
the individual:
• First name(s) (optional)
• Surname
• Date of birth
• Gender.
The Police will also provide the following information to the Registrar-General
regarding the query:
• Requesting Police Officer ID
• Requesting Officer’s HR location
• Query reason.
5.2. Information to be shared by the Registrar-General
The Registrar-General wil disclose the following information from the individual’s
registered birth record in the event of an identified match:
• Current first name
• Current surname
• Previous first name(s)
• Previous surname(s)
• Previous name(s) effective date(s)
• Surname at birth
• First name(s) at birth
• Gender
• Date of birth
• Place of birth
• Still born indicator
• Death indicator
A matched individual’s information wil be shared with the Police where a non-
disclosure direction exists.
5.3. Information not to be shared by the Registrar-General
The following information will not be shared by the Registrar-General:
• Pre adoption registered birth records
• Pre sexual assignment or reassignment birth records
• Records with a Domestic Violence Act 1995 non-disclosure direction in place.
6. How the information will be used
The Police will use the information provided by the Registrar-General under section
43 of the Child Protection (Child Sex Offender Government Agency Registration) Act
for the purposes of:
• monitoring the whereabouts of the Offender:
• verifying personal information reported by the Offender:
• managing the risk that the Offender may commit further sexual offences
against children:
• managing any risk or threat to public safety.
Information received by the Police from the Registrar-General may be used to correct
and update records held by the Police, but will not otherwise be retained.
The Parties will ensure that information shared under this Schedule will only be used
and accessed by appropriately trained, qualified and authorised staff.
7. Disclosure to third parties
Nothing in this Schedule is intended to affect the ability of the Parties to exchange or
access information pursuant to any other information sharing agreement or
enactment, including the ability to access identity information pursuant to the Privacy
Act 1993.
Information that is provided to any third party as authorised by or under law will be
provided on the basis of any relevant restrictions or conditions.
Where any information is incorporated into reports or documents for further
dissemination then that information will be dealt with in accordance with any relevant
caveats, restrictions or conditions and any legislation relating to its lawful distribution.
8. Procedure for sharing information
Information may be exchanged between the Parties utilising direct access to the
information via an Application Programming Interface (“API”).
The following conditions apply to the information sharing exchange:
• The information will be encrypted while in transit between the Parties;
• The API will validate queries and search results to ensure their validity; and
• Access to the API will be subject to role-based access controls.
Information is provided by Parties on a ‘best endeavours’ basis. There is no
guarantee of system availability.
9. Matching rules
The first name (if provided), surname, date of birth and gender must match for an
individual to be considered to be matched.
Conditions for matching the first name are:
• Only one entire name element needs to match for a result to be returned
• The order the names are presented does not matter
• If the name exists in the transliteration list, and one of those names match
• Searches are case-insensitive.
Conditions for matching the surname are:
• All parts of the surname must be present
• These non-alphanumeric characters are ignored ; # ‘ ( ) , - @ `
• Spaces are ignored
• Searches are case-insensitive
• No transliteration support.
Conditions for matching the date of birth are:
• Dates will be matched
• Times will be ignored.
Conditions for matching the gender are:
• If female is provided by the Police then it matches records containing female
or indeterminate
• If male is provided by the Police then it matches records containing male or
indeterminate
• If gender unknown / indeterminate is provided by the Police then it matches
all records.
10. Safeguards to protect personal information and minimise privacy risks
The Police will comply with applicable legislation, including ensuring that personal
information is only accessed and used:
• by persons acting in the course of their official duties as employees of the
Police, and
• in accordance with any specific purposes for accessing information under
section 43 of the Child Protection (Child Sex Offender Government Agency
Registration) Act.
The Police will ensure that all personal information received from the Registrar-
General is protected by reasonable security safeguards against loss, unauthorised
access, use, modification, or disclosure, or any other misuse.
The following safeguards exist to protect the privacy of individuals and ensure that
any interference with their privacy is minimised:
• The Parties, including their staff, will abide by the Public Sector Standards of
Integrity and Conduct, and specifically for Police staff, the Police Code of
Conduct.
• Information to be transferred to the Police under this Schedule will be extracted
from the appropriate system based on a pre-defined query.
• The information to be transferred to the Police under this Schedule will be
transferred securely to the Police in accordance with the requirements of the
New Zealand Information Security Manual (“NZISM”).
• Access to the National Intelligence Application (“NIA”) is role-based and
managed by the Police’s information security and user access policies. NIA is a
secure database, accessed by users through a Police account.
• Police staff are trained in the use of NIA.
• The Police’s Professional Conduct unit regularly audits usage through
transaction logs and has committed to doing the same for Registrar-General
queries.
• NIA is protected by several layers of security, including firewalls and intrusion
detection and subject to regular testing.
11. Retention and disposal
Both Parties shall ensure that any information shared is stored and managed in
accordance with mandated security policies, including the Parties’ privacy, data and
information retention, and security, policies, practices and procedures.
The Parties will comply with any Government security protocols regarding storage,
retention and destruction of information.
Information received under this Schedule will be stored by each Party in a secure
system that protects the information against unauthorised use, modification,
destruction, access and disclosure or any other misuse.
Information received by the Registrar-General from the Police maybe retained
indefinitely.
Information received by the Police from the Registrar-General may be used to correct
and update records held by the Police, but will not otherwise be retained.
12. Fees/costs
Fees associated with this Schedule, if any, will be agreed by the Parties.
13. Security and privacy provisions
If any Party has reasonable cause to believe that any breach of any security or
privacy provisions in this Schedule has occurred, or may occur, that Party may
undertake investigations in relation to that actual or suspected breach as is deemed
necessary. Where an internal investigation confirms a security or privacy breach the
other Parties will be notified as soon as possible.
Where an internal investigation confirms the loss of, or unauthorised access to,
personal information amounting to a significant privacy breach, the Privacy
Commissioner will be notified as soon as possible. The Parties will observe any legal
requirements to notify the Privacy Commissioner or individuals of privacy breaches.
The Parties will take all reasonably practicable measures to mitigate and remedy the
effects of any such breach.
The Parties shall ensure that reasonable assistance is provided to the investigating
Party in connection with all inspections and investigations. The investigating Party
will ensure that the other Party is kept informed of any developments in the
investigation.
Any Party may suspend the information sharing process to allow time for a security
or privacy breach to be remedied.
14. Dispute resolution
Should any dispute or difference relating to the application or interpretation of this
Schedule arise, the Parties will meet in good faith with a view to resolving the dispute
or difference as quickly as possible.
Where there is any dispute between the Parties, the matter shall initially be referred
to the Manager, Child Sex Offender Registry for the Police and to the Manager
Information Partnerships, Te Pou Manawa, Service Delivery and Operations for the
Department of Internal Affairs.
Matters that remain unresolved or need further adjudication, will be referred to the
Assistant Commissioner, Performance for the Police or to the General Manager, Te
Pou Manawa, Service Delivery and Operations for the Department of Internal Affairs.
If agreement cannot be reached within 28 days of the referral, the matter will be
referred, in writing, to the Registrar-General, Births, Deaths, and Marriages, the
Secretary of Internal Affairs and the Commissioner of Police for final resolution.
The Parties shall continue to comply with their obligations under this Schedule
despite the existence of any dispute or difference.
15. Review of Schedule
The Schedule will be reviewed by the Parties 12 months after its signing.
Further reviews will be undertaken as part of a review of this MoU.
16. Amendments to Schedule
The Parties will enter into consultations with respect to amendment of this Schedule
at the written request of any Party.
This Schedule may be amended at any time by the mutual written agreement of the
Parties. An amendment to this Schedule commences on the day that the Parties
have agreed in writing to the amendment.
17. Quality assurance and audit
The Parties agree to cooperate to allow the Police to conduct an audit if requested.
The Police agree to share the results of any audit with the other Party. The Police
audit, if any, will confirm that the safeguards in this Schedule are operating as
intended, that they remain sufficient to protect the privacy of individuals, and to
ascertain whether any issues have arisen in practice that need to be resolved.
The Parties agree to assist and support each other with quality assurance and/or
audit activities that may arise from time to time.
The Parties will consult with each other regarding the scope of assistance and
support to be provided to each other.
18. Term and termination
This Schedule commences on the date the last Party signs it.
This Schedule shall continue in force until terminated by any Party. Any Party may
terminate this Schedule without cause by providing three months’ written notice to
the other Party.
Any Party may suspend, limit, or terminate this Schedule if it appears to that Party
that the terms of the Schedule are not being met or have been breached or the
information sharing under this Schedule is otherwise unlawful.
If extraordinary circumstances arise (including but not limited to acts of God,
earthquake, eruption, fire, flood, storm or war or industrial action, strike, or lockout)
which prevent any Party from performing its obligations under this Schedule, the
performance of that Party’s obligations shall be suspended for as long as those
extraordinary circumstances prevail.
19. Media and information requests
The Parties will consult with each other before responding to any media enquiry
relating to this Schedule.
The Parties are responsible for complying with their respective obligations under the
Privacy Act 1993, the Official Information Act 1982, and any other applicable
successor legislation.
If any Party receives a disclosure request, including under the Privacy Act 1993 or
the Official Information Act 1982, that relates to information exchanged under this
Schedule, the Party that received the request will consult with the other relevant
Party as soon as practicable regarding the request or where the request for
information appears to more closely relate to one Party’s functions, the Parties agree
that the request will be transferred to that Party in accordance with section 14 of the
Official Information Act 1982.
20. Operational contacts
Each Party will appoint a contact person to co-ordinate the operation of this Schedule
with the other Party. The initial contact persons are as follows:
Party
Contact
Police
Mark Hutton
Manager, Child Sex Offender Registry
Registrar-General
Logan Fenwick
Manager Information Partnerships
Te Pou Manawa
Service Delivery & Operations
All notices and other communication between the Parties under this Schedule shall
be sent to the operational contacts.
The operational contacts may be updated from time to time by notice (which may be
sent by email) to the other Party.
21. Signatories
The Parties' signatories to this Schedule are:
Signed for and on behalf of the Registrar-General, Births, Deaths, and Marriages on
the 13th day of March 2020.
Name: Jeff Montgomery
Designation: Registrar-General, Births, Deaths, and Marriages
Signed for and on behalf of the Commissioner of Police on the 3rd day of March 2020
Name: Paul Basham
Designation: Assistant Commissioner Performance
Schedule 4 to
NZ Police / DIA MOU
The Commissioner of Police and the Registrar-
General, Births, Deaths, and Marriages
Information Sharing
Registered Child Sex Offenders
19
IN CONFIDENCE
1. Recitals
This Schedule is made between the Commissioner of Police (“Police”) and the
Registrar-General, Births, Deaths, and Marriages (“Registrar-General”), (together
“the Parties”) under the Memorandum of Understanding (“MoU”) between the Parties
dated 27th March 2019.
The Police is regulated by the Policing Act 2008. The Registrar-General must comply
with the Births, Deaths, Marriages, and Relationships Registration Act 1995
(“BDMRR Act”).
Specified agencies are permitted to share information under section 43 of the Child
Protection (Child Sex Offender Government Agency Registration) Act 2016.
The Parties have accordingly reached the following understanding set out in this
MoU.
2. Background
The Child Protection (Child Sex Offender Government Agency Registration) Act
established a Child Sex Offender Register (“the register”) to reduce sexual
reoffending against children, and the risk posed by serious child sex offenders by:
• Providing government agencies with the information needed to monitor child
sex offenders in the community, including after completion of their sentence;
and
• Providing up-to- date information that assists the Police to more rapidly
resolve cases of child sexual offending.
Section 53 of the Child Sex Offender Government Agency Registration) Act provides
that a registrable offender must not apply to the Registrar-General to register a
change of his or her name under the
BDMRR Act without first having obtained the
written approval of the Commissioner of Police.
3. Purpose
This Schedule provides for the sharing of specified information in accordance with
section 43 of the Child Protection (Child Sex Offender Government Agency
Registration) Act. Information sharing supports the purposes outlined in clause 2.6 of
this MoU.
This Schedule is made under clause 1.4 of this MoU and is intended to be read in
conjunction with this MoU.
4. Objectives
The objectives of this Schedule are to facilitate the disclosure of information by the
Registrar-General to the Police when an individual Offender applies for a change of
name.
The purpose of this check is to identify whether any of the name change applicants
are Registered Sex Offenders; and if so, whether the Commissioner of Police has
approved their Change of Name request.
This information is being shared for the purposes of:
• monitoring the whereabouts of the Offender:
• verifying personal information reported by the Offender:
• managing the risk that the Offender may commit further sexual offences
against children:
• managing any risk or threat to public safety.
5. Information to be shared
The implementing arrangements shall be subject to the obligations set out in this
Schedule and this MoU.
5.1. Information to be shared by the Registrar-General
The Registrar-General will provide the following information to the Police regarding
all individuals who apply for a name change:
• current name(s)
• place of birth
• date of birth
• other registered name(s).
5.2. Information to be shared by the Police
The Police will disclose the following information regarding all individuals who apply
for a name change:
• confirmation if on the register
If the individual is on the register Police will also disclose the following:
• confirmation the Commissioner of Police has approved a name change
• new name(s) proposed by the individual.
5.3. Information not to be shared by the Registrar-General
The following information will not be shared by the Registrar-General:
• Pre adoption registered birth records
• Pre sexual assignment or reassignment birth records.
6. Disclosure to third parties
Nothing in this Schedule is intended to affect the ability of the Parties to exchange or
access information pursuant to any other information sharing agreement or
enactment, including the ability to access identity information pursuant to the Privacy
Act 1993.
Information that is provided to any third party as authorised by or under law will be
provided on the basis of any relevant restrictions or conditions.
Where any information is incorporated into reports or documents for further
dissemination then that information will be dealt with in accordance with any relevant
caveats, restrictions or conditions and any legislation relating to its lawful distribution.
7. DIA processes
A document containing batches of applicants over the age of 18 will be submitted by
the Registrar-General regularly by SEEMail for checking against the register.
The SEEMail to the Police will be issued from an anonymous secured inbox called
[email address] and sent to
[email address]
8. Police processes
Responses from the Police to the list of name changes proposed by applicants will
be provided within a 24 hour period from the time of receipt.
The Police response will be noted on the document containing the list of name
change requests received from the Registrar-General and will be sent by SEEMail to
the following secure addr
ess [email address]. Once all applications contained within a list have either been approved or
confirmation provided by DIA that the individual has withdrawn their request then the
list will be securely destroyed by Police.
9. Action on receipt of Police advice
If the name(s) of the applicant do not appear on the register the application for
Change of Name will be processed by the Registrar-General in accordance with
standard operating procedures.
If the name is on the register and if there is no impediment to the application the
application for Change of Name will be progressed.
If the name is on the register and there is an impediment to the application the
application for Change of Name will be placed on hold until either:
• the individual withdraws their request for a name change; or
• Police advise the name change can proceed as above.
If an individual on the register withdraws their request when there is an impediment
identified, then DIA will notify Police of this.
Once all applications contained within a list have been either completed or withdrawn
then the list will be securely destroyed by DIA.
10. Security and privacy provisions
If any Party has reasonable cause to believe that any breach of any security or
privacy provisions in this Schedule has occurred, or may occur, that Party may
undertake investigations in relation to that actual or suspected breach as is deemed
necessary. Where an internal investigation confirms a security or privacy breach the
other Party will be notified as soon as possible.
Where an internal investigation confirms the loss of, or unauthorised access to,
personal information amounting to a significant privacy breach, the Privacy
Commissioner will be notified as soon as possible. The Parties will observe any legal
requirements to notify the Privacy Commissioner or individuals of privacy breaches.
The Parties will take all reasonably practicable measures to mitigate and remedy the
effects of any such breach.
The Parties shall ensure that reasonable assistance is provided to the investigating
Party in connection with all inspections and investigations. The investigating Party
will ensure that the other Party is kept informed of any developments in the
investigation.
Any Party may suspend the information sharing process to allow time for a security
or privacy breach to be remedied.
11. Dispute resolution
Should any dispute or difference relating to the application or interpretation of this
Schedule arise, the Parties will meet in good faith with a view to resolving the dispute
or difference as quickly as possible.
Where there is any dispute between the Parties, the matter shall initially be referred
to the Manager, Child Sex Offender Registry for the Police and to the Manager
Information Partnerships, Te Pou Manawa, Service Delivery and Operations for the
Department of Internal Affairs.
Matters that remain unresolved or need further adjudication, will be referred to the
Assistant Commissioner, Performance for the Police or to the General Manager, Te
Pou Manawa, Service Delivery and Operations for the Department of Internal Affairs.
If agreement cannot be reached within 28 days of the referral, the matter will be
referred, in writing, to the Registrar-General, Births, Deaths, and Marriages, the
Secretary of Internal Affairs and the Commissioner of Police for final resolution.
The Parties shall continue to comply with their obligations under this Schedule
despite the existence of any dispute or difference.
12. Review of Schedule
The Schedule will be reviewed by the Parties 12 months after its signing.
Further reviews will be undertaken as part of a review of this MoU.
13. Amendments to Schedule
The Parties will enter into consultations with respect to amendment of this Schedule
at the written request of any Party.
The Schedule may be amended at any time by the mutual written agreement of the
Parties. An amendment to the Schedule commences on the day that the Parties have
agreed in writing to the amendment.
14. Quality assurance and audit
The Parties agree to assist and support each other with quality assurance and/or
audit activities that may arise from time to time.
The Parties will consult with each other regarding the scope of assistance and
support to be provided to each other.
15. Term and termination
This Schedule commences on the date the last Party signs it.
This Schedule shall continue in force until terminated by any Party. Any Party may
terminate this Schedule without cause by providing three months’ written notice to
the other Party.
Any Party may suspend, limit, or terminate this Schedule if it appears to that Party
that the terms of the Schedule are not being met or have been breached or the
information sharing under this Schedule is otherwise unlawful.
If extraordinary circumstances arise (including but not limited to acts of God,
earthquake, eruption, fire, flood, storm or war or industrial action, strike, or lockout)
which prevent any Party from performing its obligations under this Schedule, the
performance of that Party’s obligations shall be suspended for as long as those
extraordinary circumstances prevail.
16. Media and information requests
The Parties will consult with each other before responding to any media enquiry
relating to this Schedule.
The Parties are responsible for complying with their respective obligations under the
Privacy Act 1993, the Official Information Act 1982, and any other applicable
successor legislation.
If any Party receives a disclosure request, including under the Privacy Act 1993 or
the Official Information Act 1982, that relates to information exchanged under this
Schedule, the Party that received the request will consult with the other relevant
Party as soon as practicable regarding the request or where the request for
information appears to more closely relate to one Party’s functions, the Parties agree
that the request will be transferred to that Party in accordance with section 14 of the
Official Information Act 1982.
17. Operational contacts
Each Party will appoint a contact person to co-ordinate the operation of this Schedule
with the other Parties. The initial contact persons are as follows:
Party
Contact
Police
Mark Hutton
Manager, Child Sex Offender Registry
Registrar-General
Logan Fenwick
Manager Information Partnerships
Te Pou Manawa
Service Delivery & Operations
All notices and other communication between the Parties under this Schedule shall
be sent to the operational contacts.
The operational contacts may be updated from time to time by notice (which may be
sent by email) to the other Party.
18. Signatories
The Parties' signatories to this Schedule are:
Signed for and on behalf of the Registrar-General, Births, Deaths, and Marriages on
the 13th day of March 2020.
Name: Jeff Montgomery
Designation: Registrar-General, Births, Deaths, and Marriages
Signed for and on behalf of the Commissioner of Police on the 3rd day of March 2020
Name: Paul Basham
Designation: Assistant Commissioner Performance
