Passports Amendment Act 2002

1: Title
1: This Act is the Passports Amendment Act 2002.
2: In this Act, the Passports Act 1992 the principal Act
2: Commencement
This Act comes into force on the day after the date on which it receives the Royal assent.
3: Interpretation
Section 2 New Zealand passport New Zealand travel document
4: Issue of passport
1: Section 4(1) subsection (3) of this section subsections (3) and (4)
2: Section 4(3)
d: if the applicant holds a New Zealand certificate of identity, and (whether or not it has been recalled under section 20 or section 21
3: Section 4
4: The Minister must refuse to issue a New Zealand passport if an order made under section 32A(1)
5: New
section 9A The principal Act is amended by inserting, after section 9
9A: Cancellation of passport pursuant to court order
The Minister must recall a New Zealand passport by notice in writing, and cancel it, if an order that it must be cancelled is made under section 32A(1)
6: Delivery of recalled passport
Section 11 section 8 or section 9 or section 10 of this Act any of sections 8 to 10
7: Cancellation of certificate of identity
Section 20(1)
g: a New Zealand passport has been issued to the person.
8: Issue of emergency travel document
Section 23 subsection (2)
2: The Minister may, on application to the Minister in the form provided by the Secretary, issue an emergency travel document to a person—
a: who wishes to travel immediately; but
b: in respect of whom an order under section 32A
9: New
sections 29A to 30A The principal Act is amended by repealing section 30
29A: Forged and false New Zealand travel documents
1: Every person commits an offence who—
a: forges a New Zealand travel document; or
b: knowing a document to be a forged or false New Zealand travel document, without reasonable excuse,—
i: uses, deals with, or acts upon it as if it were genuine; or
ii: causes another person to use, deal with, or act upon it as if it were genuine; or
c: without reasonable excuse,—
i: has in his or her possession or under his or her control a document that he or she knows or has reason to suspect is a forged or false New Zealand travel document; or
ii: sells, hires, lends, gives, or otherwise disposes of a document that he or she knows or has reason to suspect is a forged or false New Zealand travel document to another person; or
d: without lawful authority or reasonable excuse, makes or uses or has in his or her possession or disposes of any paper or other material that he or she knows is specially provided by the proper authorities for any purpose relating to New Zealand travel documents.
2: In subsection (1) false New Zealand travel document
a: is false; or
b: relates in fact to some other person forges forged forgery
3: Every person who commits an offence against subsection (1)
30: Offences relating to passport information and material
1: Every person commits an offence who knowingly, and without lawful authority or reasonable excuse,—
a: deletes, alters, or copies any information recorded in or on a passport database; or
b: allows any information recorded in or on a passport database to be deleted, altered, or copied; or
c: records any information (whether correct or incorrect) in or on a passport database; or
d: allows any information (whether correct or incorrect) to be recorded in or on a passport database; or
e: takes from where it is officially kept—
i: a New Zealand travel document or a blank or incomplete New Zealand travel document; or
ii: a seal, stamp, or other authenticating device or thing, that he or she knows is specially used by the proper authorities for a purpose relating to New Zealand travel documents; or
iii: any paper or other material that he or she knows is specially provided by the proper authorities for a purpose relating to New Zealand travel documents; or
f: takes from where it is officially kept a file or register in or on which information is or is to be recorded by officers for the purposes of this Act.
2: Paragraphs (a) to (d) of subsection (1)
a: apply to the deletion or alteration of information recorded in an electronic passport database, or the recording of information in an electronic passport database, whether it is achieved—
i: directly; or
ii: by altering or damaging the database, its programming, another device, the programming of another device, or any electronic storage; and
b: apply to the copying of information recorded in an electronic passport database whether it is achieved directly from the database, by means of another device, by the interception or copying of an electronic message, or from any form of electronic storage.
3: In subsection (1) passport database
4: Every person who commits an offence against subsection (1)
30A: Improper issue of New Zealand travel document
1: Every person commits an offence who, without lawful authority or reasonable excuse, issues a New Zealand travel document (whether or not to the person to whom it relates) knowing that the person to whom it relates is not entitled to be issued it.
2: Every person who commits an offence against subsection (1)
10: Other offences
1: Section 31(1)(e)
2: Section 31 subsection (3)
3: Every person who commits an offence against subsection (1)
4: Every person who commits an offence against subsection (2)
11: New
sections 31A to 32A The principal Act is amended by repealing section 32
31A: Jurisdiction in respect of actions taken outside New Zealand
Proceedings may be brought for an offence against section 29A(1), section 30(1), section 30A(1) paragraphs (a) to (d) of section 31(1)
32: False representations
1: Every person commits an offence who, for the purpose of procuring a New Zealand travel document, or a renewal or endorsement of a New Zealand travel document, whether for his or her benefit or for the benefit of any other person,—
a: makes a written or oral statement that he or she knows to be false or misleading in a material particular; or
b: recklessly makes a written or oral statement that is false or misleading in a material particular.
2: Every person who commits an offence against subsection (1)
32A: Court may forbid issue of passport
1: When sentencing a person in respect of an offence against this Act, a court may, in addition to any other sentence or order imposed or made, if satisfied that it is desirable for reasons of passport security and integrity, make an order that—
a: a New Zealand passport must not be issued to the person for a specified period not exceeding 10 years; and
b: any New Zealand passport issued to the person must be cancelled.
2: An order under subsection (1)
12: Indictable offences triable summarily
1: Part 2 Summary Proceedings Act 1957 The Passports Act 1992 29A Forged and false New Zealand travel documents 30 Offences relating to passport information and material 30A Improper issue of New Zealand travel document 31(1) Other offences 31(2) Defacing or destroying document 32 False representations
2: Section 39