Passports Amendment Act 2005

1: Title
1: This Act is the Passports Amendment Act 2005.
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: Title amended
The Title of the principal Act is amended by omitting the words and emergency travel documents emergency travel documents, and refugee travel documents
4: Interpretation
1: Section 2 applicant applicant .
2: Section 2
a: by inserting in the definition of certificate of identity emergency travel document or a refugee travel document
b: by inserting in the definition of emergency travel document certificate of identity or a refugee travel document
3: Section 2 holder holder, .
4: Section 2 New Zealand passport New Zealand refugee travel document .
5: Section 2 New Zealand travel document or an emergency an emergency travel document, or a New Zealand refugee
6: Section 2 passport refugee
a: has been—
i: determined by a refugee status officer or the Refugee Status Appeals Authority to be a refugee in accordance with the Refugee Convention (as defined in section 2(1) of the Immigration Act 1987
ii: granted a permit by the Minister of Immigration or an immigration officer under the Immigration Act 1987
iii: recognised, before 1 January 1991, as a refugee by the Interdepartmental Committee on Refugees; and
b: continues to be recognised as a refugee in New Zealand .
5: Part 1 The heading of Part 1 PASSPORTS, CERTIFICATES OF IDENTITY, AND EMERGENCY TRAVEL DOCUMENTS New Zealand travel documents
6: Issue of passport
1: Section 4(1) subsections (3) and (4) this section and section 4A
2: Section 4(3)(d)
a: by omitting the words certificate of identity travel document
b: by omitting the words section 20 or section 21 this Act
3: Section 4(4) section 32A(1) section 32A
7: New section inserted
The principal Act is amended by inserting, after section 4
4A: Refusal to issue passport on grounds of national security
1: The Minister may refuse to issue a New Zealand passport to a person if the Minister believes on reasonable grounds that—
a: the person is a danger to the security of New Zealand because the person intends to engage in, or facilitate,—
i: a terrorist act within the meaning of section 5 of the Terrorism Suppression Act 2002
ii: the proliferation of weapons of mass destruction; or
iii: any unlawful activity designed or likely to cause devastating or serious economic damage to New Zealand, carried out for purposes of commercial or economic gain; and
b: the danger to the security of New Zealand cannot be effectively averted by other means; and
c: the refusal to issue a passport will prevent or effectively impede the ability of the person to carry out the intended action.
2: If the Minister refuses to issue a passport under this section,—
a: the Minister must notify the person in writing of the refusal, and the reasons for it; and
b: the person is not entitled to obtain a New Zealand passport during the 12-month period starting with the date of the notice, unless the Minister's decision under this section is revoked by the Minister or by a court.
3: The Minister may, at any time before the expiry of the 12-month period referred to in subsection (2)(b)
4: The Judge must make the order applied for if satisfied that—
a: the information presented in support of the application is credible, having regard to its source or sources; and
b: the information reasonably supports a finding that paragraphs (a), (b), and (c) of subsection (1)
8: Life of passport
Section 5 subsection (1)
1: Subject to subsections (1A) and (2)
1A: Despite subsection (1)
a: a New Zealand passport issued before the date of commencement of this section continues to be valid for the period for which it was issued, unless sooner cancelled under this Act:
b: a New Zealand passport applied for before that commencement date must be issued in accordance with section 5(1) and (2) of the principal Act
9: Renewal of passport
Section 6
a: by omitting from subsection (1) 10 years 5 years or more
b: by omitting from subsection (2) 10 years 5 years
10: Endorsement of passport
Section 7
11: New section inserted
The principal Act is amended by inserting, after section 8
8A: Cancellation of passport on grounds of national security
1: The Minister may, by notice in writing, recall any New Zealand passport, and cancel it or retain possession of it, if the Minister believes on reasonable grounds that—
a: the person is a danger to the security of New Zealand because the person intends to engage in, or facilitate,—
i: a terrorist act within the meaning of section 5 of the Terrorism Suppression Act 2002
ii: the proliferation of weapons of mass destruction; or
iii: any unlawful activity designed or likely to cause devastating or serious economic damage to New Zealand, carried out for purposes of commercial or economic gain; and
b: the danger to the security of New Zealand cannot be effectively averted by other means; and
c: the cancellation of the passport, or its retention by the Minister, will prevent or effectively impede the ability of the person to carry out the intended action.
2: If the Minister cancels or retains possession of a passport under this section,—
a: the Minister must notify the person in writing of the cancellation or retention, and the reasons for it; and
b: the person is not entitled to obtain that passport or another New Zealand passport during the 12-month period starting with the date of the notice, unless the Minister's decision under this section is revoked by the Minister or by a court.
3: The Minister may, at any time before the expiry of the 12-month period referred to in subsection (2)(b)
4: The Judge must make the order applied for if satisfied that—
a: the information presented in support of the application is credible, having regard to its source or sources; and
b: the information reasonably supports a finding that paragraphs (a), (b), and (c) of subsection (1)
12: Cancellation of passport on other grounds
Section 9(1)(d) and, in the opinion of the Minister, it would not be appropriate to correct them by way of endorsement in accordance with section 7 of this Act
13: Cancellation of passport pursuant to court order
Section 9A 32A(1) 32A
14: Endorsement of certificate of identity
Section 19
15: New section inserted
The principal Act is amended by inserting, after section 20
20A: Cancellation of certificate of identity on grounds of national security
1: The Minister may, by notice in writing, recall any certificate of identity issued to any person by or on behalf of the New Zealand Government, and cancel it or retain possession of it, if the Minister believes on reasonable grounds that—
a: the person is a danger to the security of New Zealand because the person intends to engage in, or facilitate,—
i: a terrorist act within the meaning of section 5 of the Terrorism Suppression Act 2002
ii: the proliferation of weapons of mass destruction; or
iii: any unlawful activity designed or likely to cause devastating or serious economic damage to New Zealand, carried out for purposes of commercial or economic gain; and
b: the danger to the security of New Zealand cannot be effectively averted by other means; and
c: the cancellation of the certificate of identity, or its retention by the Minister, will prevent or effectively impede the ability of the person to carry out the intended action.
2: If the Minister cancels or retains possession of a certificate of identity under this section,—
a: the Minister must notify the person in writing of the cancellation or retention, and the reasons for it; and
b: the person is not entitled to obtain that certificate of identity or another New Zealand travel document during the 12-month period starting with the date of the notice, unless the Minister's decision under this section is revoked by the Minister or by a court.
3: The Minister may, at any time before the expiry of the 12-month period referred to in subsection (2)(b)
4: The Judge must make the order applied for if satisfied that—
a: the information presented in support of the application is credible, having regard to its source or sources; and
b: the information reasonably supports a finding that paragraphs (a), (b), and (c) of subsection (1)
16: Delivery of recalled certificate of identity
Section 22(1) section 20 or section 20A
17: Issue of emergency travel document
1: Section 23(1)(b) subparagraph (i)
ia: the person does not hold a valid travel document; or .
2: Section 23
3: The Minister must issue a journey-specific emergency travel document to a person outside New Zealand if—
a: the person has been refused a passport under section 4A section 8A or section 25A
b: the journey-specific emergency travel document is necessary to enable the person to return or come to New Zealand; and
c: the person applies in that behalf to the Minister in the form provided by the Secretary.
18: New section substituted
The principal Act is amended by repealing section 24
24: Life of emergency travel document
An emergency travel document is valid for—
a: such time as, in the opinion of the Minister, will be sufficient to enable the person to leave and return to New Zealand, or to return to New Zealand, or to complete a specified journey, as the case may require; or
b: such other period as the Minister from time to time determines.
19: New section inserted
The principal Act is amended by inserting, after section 25
25A: Cancellation of emergency travel document on grounds of national security
1: The Minister may, by notice in writing, recall any emergency travel document (other than a journey-specific emergency travel document issued under section 23(3)
a: the person is a danger to the security of New Zealand because the person intends to engage in, or facilitate,—
i: a terrorist act within the meaning of section 5 of the Terrorism Suppression Act 2002
ii: the proliferation of weapons of mass destruction; or
iii: any unlawful activity designed or likely to cause devastating or serious economic damage to New Zealand, carried out for purposes of commercial or economic gain; and
b: the danger to the security of New Zealand cannot be effectively averted by other means; and
c: the cancellation of the emergency travel document, or its retention by the Minister, will prevent or effectively impede the ability of the person to carry out the intended action.
2: If the Minister cancels or retains possession of an emergency travel document under this section,—
a: the Minister must notify the person in writing of the cancellation or retention, and the reasons for it; and
b: the person is not entitled to obtain that emergency travel document or another New Zealand travel document (other than a journey-specific emergency travel document issued under section 23(3)
3: The Minister may, at any time before the expiry of the 12-month period referred to in subsection (2)(b)
4: The Judge must make the order applied for if satisfied that—
a: the information presented in support of the application is credible, having regard to its source or sources; and
b: the information reasonably supports a finding that paragraphs (a), (b), and (c) of subsection (1)
20: Delivery of recalled emergency travel document
Section 27(1) section 25 or section 25A
21: New heading and sections inserted
The principal Act is amended by inserting, after section 27 Issue, life, and cancellation of refugee travel documents
27A: Issue of refugee travel document
1: Subject to this section and section 27B
2: The Minister may refuse to issue a New Zealand refugee travel document to an applicant if—
a: the applicant is a New Zealand citizen; or
b: the applicant already has a valid New Zealand refugee travel document; or
c: there is in force a warrant issued in New Zealand for the applicant's arrest; or
d: the applicant is—
i: on bail; or
ii: subject to a community-based sentence under the Sentencing Act 2002
iii: released under subpart 2 of Part 1 of the Parole Act 2002
e: the applicant is subject to—
i: an order made by a New Zealand court that requires the applicant to remain in New Zealand, or the effect of which requires the applicant to remain in New Zealand; or
ii: a sentence imposed by a New Zealand court, the effect of which requires the applicant to remain in New Zealand.
27B: Refusal to issue refugee travel document on grounds of national security
1: The Minister may refuse to issue a New Zealand refugee travel document to a person if the Minister believes on reasonable grounds that—
a: the person is a danger to the security of New Zealand because the person intends to engage in, or facilitate,—
i: a terrorist act within the meaning of section 5 of the Terrorism Suppression Act 2002
ii: the proliferation of weapons of mass destruction; or
iii: any unlawful activity designed or likely to cause devastating or serious economic damage to New Zealand, carried out for purposes of commercial or economic gain; and
b: the danger to the security of New Zealand cannot be effectively averted by other means; and
c: the refusal to issue a refugee travel document will prevent or effectively impede the ability of the person to carry out the intended action.
2: If the Minister refuses to issue a refugee travel document under this section,—
a: the Minister must notify the person in writing of the refusal, and the reasons for it; and
b: the person is not entitled to obtain a New Zealand refugee travel document during the 12-month period starting with the date of the notice, unless the Minister's decision under this section is revoked by the Minister or by a court.
3: The Minister may, at any time before the expiry of the 12-month period referred to in subsection (2)(b)
4: The Judge must make the order applied for if satisfied that—
a: the information presented in support of the application is credible, having regard to its source or sources; and
b: the information reasonably supports a finding that paragraphs (a), (b) and (c) of subsection (1)
27C: Life of refugee travel document
1: A New Zealand refugee travel document is valid for 2 years, unless sooner cancelled under this Act.
2: A New Zealand refugee travel document may on application be renewed, once only, for a further period not exceeding 2 years.
27D: Cancellation of refugee travel document
1: The Minister may, by notice in writing, recall any New Zealand refugee travel document, and cancel it or retain possession of it, where—
a: the Minister issues to the holder another refugee travel document in substitution for the first one; or
b: the document has expired and is incapable of being renewed; or
c: the document has been so damaged or defaced as to render it, in the opinion of the Minister, unsuitable for use; or
d: there is reasonable cause to believe that any particulars recorded in it are incorrect; or
e: there is reasonable cause to believe that the document has been obtained by means of a false representation or a statement that is false in a material particular; or
f: two or more valid New Zealand refugee travel documents are in existence in respect of the holder and there is no longer any sufficient reason why that should continue to be the case; or
g: a New Zealand passport has been issued to the person; or
h: the holder is no longer recognised as being a refugee; or
i: the document was issued to the holder in the mistaken belief that the holder was, at the time of issue, a refugee.
2: Subject to section 27A paragraphs (b) to (e) of subsection (1)
27E: Cancellation of refugee travel document on grounds of national security
1: The Minister may, by notice in writing, recall any New Zealand refugee travel document, and cancel it or retain possession of it, if the Minister believes on reasonable grounds that—
a: the person is a danger to the security of New Zealand because the person intends to engage in, or facilitate,—
i: a terrorist act within the meaning of section 5 of the Terrorism Suppression Act 2002
ii: the proliferation of weapons of mass destruction; or
iii: any unlawful activity designed or likely to cause devastating or serious economic damage to New Zealand, carried out for purposes of commercial or economic gain; and
b: the danger to the security of New Zealand cannot be effectively averted by other means; and
c: the cancellation of the refugee travel document, or its retention by the Minister, will prevent or effectively impede the ability of the person to carry out the intended action.
2: If the Minister cancels or retains possession of a refugee travel document under this section,—
a: the Minister must notify the person in writing of the cancellation or retention, and the reasons for it; and
b: the person is not entitled to obtain that refugee travel document or another New Zealand refugee travel document during the 12-month period starting with the date of the notice, unless the Minister's decision under this section is revoked by the Minister or by a court.
3: The Minister may, at any time before the expiry of the 12-month period referred to in subsection (2)(b)
4: The Judge must make the order applied for if satisfied that—
a: the information presented in support of the application is credible, having regard to its source or sources; and
b: the information reasonably supports a finding that paragraphs (a), (b), and (c) of subsection (1)
5: Nothing in this section authorises the Minister to cancel a New Zealand refugee travel document at a time when its holder is outside New Zealand.
27F: Retention of refugee travel document by Minister on other grounds
1: The Minister may, by notice in writing, recall any New Zealand refugee travel document, and retain possession of it,—
a: if there is in force a warrant issued in New Zealand for the arrest of the holder:
b: if there is reasonable cause to believe—
i: that the refugee travel document is in the wrongful possession of any person other than the holder; or
ii: that the refugee travel document is in the possession of a person who is not the holder, as security, pledge, or deposit or other encumbrance entered into in contravention of section 33(3)
2: Where the Minister has recalled a refugee travel document under subsection (1)(a)
3: Where the Minister has recalled a refugee travel document under subsection (1)(b)
27G: Delivery of recalled refugee travel document
1: Where the Minister recalls any refugee travel document under section 27D or section 27E or section 27F
2: Every person commits an offence against this Act who knowingly fails without reasonable excuse to comply with subsection (1)
22: Appeal to High Court
1: Section 28 subsection (1)
1: Every person who, being—
a: the applicant for the issue or renewal of a New Zealand travel document; or
b: the holder of a New Zealand travel document,— is dissatisfied with any decision of the Minister made in relation to the application or document under Part 1
2: Section 28(5) the foregoing provisions of
3: Section 28 subsection (5)
5A: This section is subject to sections 29AA to 29AC
23: Appeal to Court of Appeal in certain cases
1: Section 29 subsection (1)
1A: Any party who is dissatisfied with any decision of the High Court to issue an order extending the period for which a person is not entitled to obtain a New Zealand travel document under any of sections 4A(4), 8A(4), 20A(4), 25A(4), 27B(4), and 27E(4)
2: Section 29(3) the foregoing provisions of
3: Section 29 subsection (3)
3A: This section is subject to sections 29AA to 29AC
a: a decision of the Minister to refuse to issue a New Zealand travel document, or to cancel or retain a New Zealand travel document, on grounds of national security; or
b: a decision of the High Court to issue an order extending the period for which a person is not entitled to obtain a New Zealand travel document under any of sections 4A(4), 8A(4), 20A(4), 25A(4), 27B(4), and 27E(4)
24: New heading and sections inserted
The principal Act is amended by inserting, after section 29 Special provision for proceedings where national security involved
29AA: Proceedings where national security involved
1: This section applies to the following proceedings:
a: any application to the High Court by the Minister under section 4A(3), section 8A(3), section 20A(3), section 25A(3), section 27B(3), or section 27E(3) section 29(1A)
b: any appeal under section 28 or section 29 sections 4A, 8A, 20A, 25A, 27B, and 27E
c: any appeal under section 28 or section 29 section 16 section 23
i: the person was a danger to the security of New Zealand because the person intended to engage in or facilitate an action or matter of a kind described in section 4A(1)(a)
ii: the danger to the security of New Zealand could not be effectively averted by other means; and
iii: the refusal to issue the certificate of identity or emergency travel document would prevent or effectively impede the ability of the person to carry out the intended action.
2: In hearing an appeal to which this section applies, the Court must determine whether—
a: the information that led to the decision is credible, having regard to its source or sources; and
b: the information reasonably supports a finding that—
i: the person concerned is a danger to the security of New Zealand because the person intends to engage in, or facilitate, an action or matter of a kind referred to in sections 4A(1)(a), 8A(1)(a), 20A(1)(a), 25A(1)(a), 27B(1)(a), and 27E(1)(a)
ii: the refusal to issue the New Zealand travel document concerned, or to cancel or retain the New Zealand travel document, will prevent or effectively impede the ability of the person to carry out or facilitate the action or matter concerned; and
iii: the danger to the security of New Zealand cannot be effectively averted by other means.
3: Where the appeal relates to a matter within the discretion of the Minister, the Court may substitute its own discretion for that of the Minister.
4: If information presented or proposed to be presented in proceedings to which this section applies includes classified security information, then section 29AB
5: In this section and sections 29AB and 29AC classified security information
a: relevant to whether there are or may be grounds for believing that—
i: the person concerned is a danger to the security of New Zealand because the person intends to engage in or facilitate, an action or matter of a kind referred to in sections 4A(1)(a), 8A(1)(a), 20A(1)(a), 25A(1)(a), 27B(1)(a), and 27E(1)(a)
ii: a refusal to issue the New Zealand travel document concerned, or to cancel or retain the New Zealand travel document concerned, will prevent or effectively impede the ability of the person to carry out or facilitate the action or matter concerned; or
iii: the danger to the security of New Zealand cannot be effectively averted by other means; and
b: held by an intelligence and security agency (as defined in section 4(1) of the Terrorism Suppression Act 2002
c: that the head of the specified agency, or the New Zealand Police, certifies in writing cannot be disclosed except to the extent provided in section 29AB
i: the information is information of a kind specified in subsection (6)
ii: disclosure of the information would be disclosure of a kind specified in subsection (7)
6: Information falls within subsection (5)(c)(i)
a: might lead to the identification of, or provide details of, the source of the information, the nature, content, or scope of the information, or the nature or type of the assistance or operational methods available to the agency or the police; or
b: is about particular operations that have been undertaken, or are being or are proposed to be undertaken, in pursuance of any of the functions of the agency or the police; or
c: has been provided to the agency or the police by the government of another country or by an agency of a government of another country or by an international organisation, and is information that cannot be disclosed by the agency or the police because the government or agency or organisation by which the information has been provided will not consent to the disclosure.
7: Disclosure of information falls within subsection (5)(c)(ii)
a: to prejudice the security or defence of New Zealand or the international relations of the Government of New Zealand; or
b: to prejudice the entrusting of information to the Government of New Zealand on a basis of confidence by the government of another country or any agency of such a government, or by any international organisation; or
c: to prejudice the maintenance of the law, including the prevention, investigation, and detection of offences, and the right to a fair trial; or
d: to endanger the safety of any person. 2002 No 34 s 32
29AB: Proceedings involving classified security information
1: If information presented or proposed to be presented by the Crown in any proceedings to which section 29AA
a: the person in respect of whom the decision concerned was made; and
b: all barristers or solicitors (if any) representing that person; and
c: members of the public.
2: Without limiting subsection (1)
a: the Court must approve a summary of the information of the kind referred to in section 29AA(5) section 29AA(6) or (7)
b: on being approved by the Court (with or without amendments directed by the Court in accordance with paragraph (a)
3: The Court—
a: may give any directions and make any orders that the Court thinks appropriate in the circumstances of the case:
b: must determine the application or appeal on the basis of information available to the Court, whether or not that information has been disclosed to or responded to by all parties to the proceedings.
4: Nothing in this section limits section 27 of the Crown Proceedings Act 1950
5: This section applies despite any enactment or rule of law to the contrary.
29AC: Ancillary general practices and procedures to protect classified security information
1: Any general practices and procedures that may be necessary to implement the procedures specified in section 29AB
2: Without limiting the generality of subsection (1)
a: measures relating to the physical protection of the information during all proceedings to which section 29AB
b: the manner in which the information may be provided to the Court:
c: measures to preserve the integrity of the information until any appeals are withdrawn or finally determined.
25: Forged and false New Zealand travel documents
Section 29A(2) forges forged section 264 section 256
26: Other offences
Section 31 subsections (1)(a) (b) (c) (d) (2) passport, certificate of identity, or emergency travel document travel document
27: Court may forbid issue of passport
Section 32A subsection (2)
2: When sentencing a person in respect of a terrorism-related offence, a court may, in addition to any other sentence or order imposed or made, make an order that—
a: a New Zealand passport must not be issued to the person for a specified period not exceeding 15 years; and
b: any New Zealand passport issued to the person must be cancelled.
3: In this section, terrorism-related offence
a: an offence under any of the following enactments:
i: the Aviation Crimes Act 1972
ii: the Crimes (Internationally Protected Persons, United Nations and Associated Personnel, and Hostages) Act 1980
iii: the Maritime Crimes Act 1999
iv: the Terrorism Suppression Act 2002
b: an offence where terrorism (whether described in similar terms as, or by reference to, the definition of terrorist act in section 5 of the Terrorism Suppression Act 2002
4: An order under subsection (1) or subsection (2)
28: Passports, etc, are property of New Zealand Government
Section 33
a: by omitting from subsection (1) passports and certificates of identity and emergency
b: by omitting from subsection (2) passport or certificate of identity or emergency New Zealand
c: by omitting from subsection (3) passport or certificate of identity or emergency
29: New section substituted
1: The principal Act is amended by repealing sections 35 36
36: Disclosure of travel document and related information
1: The Secretary may, for the purpose of aiding border security, facilitating the processing of passengers, verifying the identity of a holder of a travel document, or determining whether a person is a New Zealand citizen, disclose New Zealand travel document information of a kind referred to in section 37 other party
2: The disclosure of the information must be in accordance with an agreement in writing between the Secretary and the other party that states—
a: the purpose of the agreement; and
b: the information that can be disclosed; and
c: the method and form of the disclosure; and
d: the use the other party will make of the information; and
e: the conditions under which the other party may disclose the information.
3: An agreement entered into under subsection (2)
4: Before entering into an agreement under subsection (2) subsection (3)
5: The Privacy Commissioner may require the Secretary and the other party to review an agreement under this section, and report on the result of the review to the Privacy Commissioner, at intervals not shorter than 12 months.
2: An agreement entered into under section 35 36
a: is deemed to be an agreement with an appropriate agency entered into, after consultation with the Privacy Commissioner, under section 36
b: is deemed to apply to information of the kind described in section 37(1)(p)
30: Information that may be disclosed
1: Section 37(1) section 35 and section 36 of this Act section 36
2: Section 37(1)
p: any other information relating to a New Zealand travel document that may be used—
i: to verify the identity of the document's holder; or
ii: to determine whether a person is a New Zealand citizen by birth; or
iii: for the purpose of border security; or
iv: to assist in the processing of passengers.
3: Section 37 subsection (2)
2: Every application form for a New Zealand travel document that is printed after the date of commencement of the Passports Amendment Act 2005 must include a statement that the information may be so disclosed.
4: Section 37(3) section 35
31: Penalties
Section 38
3: Subsection (2)
32: Regulations
Section 40(a)
a: by omitting from subparagraph (i) and emergency travel documents emergency travel documents, and refugee travel documents
b: by omitting from subparagraph (ii) or endorsement