Enhancing Identity Verification and Border Processes Legislation Act 2017

1: Title
This Act is the Enhancing Identity Verification and Border Processes Legislation Act 2017.
2: Commencement
This Act comes into force on the day after the date on which it receives the Royal assent.
1: Amendments to Privacy Act 1993
3: Principal Act
This Part amends the Privacy Act 1993 principal Act 2017-08-22 Privacy Act 1993
4: Section 96B amended (Relationship between this Part and other law relating to information sharing)
1: Replace the heading to section 96B Relationship between Part 9A and other law relating to information disclosure
2: Replace section 96B(2)﻿(b)
b: this Part does not limit Part 10, 10A
5: New section 97A inserted (Relationship between Part 10 and other law relating to information disclosure)
After section 97
97A: Relationship between Part 10 and other law relating to information disclosure
This Part does not—
a: limit the collection, use, or disclosure of personal information that—
i: is authorised or required by or under any enactment; or
ii: is permitted by the information privacy principles:
b: limit Part 9A, 10A
6: Section 108 amended (Avoidance of controls on information matching through use of exceptions to information privacy principles)
In section 108 Where Despite section 97A
7: New Part 10A inserted
After section 109
10A: Identity information
109A: Purpose of Part
The purpose of this Part is to authorise accessing agencies, when carrying out specified functions, to verify the identity of an individual by accessing identity information held about that individual by a holder agency.
109B: Relationship between Part 10A and other law relating to information disclosure
This Part does not—
a: limit the collection, use, or disclosure of personal information that—
i: is authorised or required by or under any enactment; or
ii: is permitted by the information privacy principles:
b: limit Part 9A, 10, or 11.
109C: Interpretation
In this Part,— access accessing agency Schedule 4A biometric information
a: 1 or more of the following kinds of personal information:
i: a photograph of all or any part of the person’s head and shoulders:
ii: impressions of the person’s fingerprints:
iii: a scan of the person’s irises; and
b: an electronic record of the personal information that is capable of being used for biometric matching database holder agency Schedule 4A identity information
a: the individual’s biographical details (for example, the individual’s name, address, date of birth, place of birth, and gender):
b: the individual’s biometric information:
c: a photograph or visual image of the individual:
d: details of the individual’s—
i: New Zealand travel document; or
ii: certificate of identity:
e: details of any distinguishing features (including tattoos and birthmarks).
109D: Access by agencies to identity information
An accessing agency may, for the purpose specified in the second column of Schedule 4A
109E: Manner and form of access
1: Access to identity information permitted under section 109D
2: Identity information that is held by a holder agency and accessed by an accessing agency under section 109D
109F: Annual reporting requirement
The chief executive of an accessing agency must include in every annual report prepared by the chief executive for the purposes of section 43 of the Public Finance Act 1989, or any other applicable enactment requiring an annual report to Parliament, details of the operation of this Part and Schedule 4A
109G: Amendment of Schedule 4A
1: The Governor-General may, by Order in Council made on the recommendation of the responsible Minister given after consultation with the Privacy Commissioner,—
a: add, remove, amend, or replace any item in Schedule 4A
b: repeal Schedule 4A
2: Before recommending the making of an Order in Council facilitating access by an accessing agency to identity information held by a holder agency, the responsible Minister must be satisfied that—
a: the purpose for which the identity information is to be accessed relates to a specified function of the accessing agency; and
b: the identity information to be accessed is no more than is reasonably necessary to enable the accessing agency to achieve that purpose; and
c: any potential conflicts or inconsistencies between the sharing of personal information under Schedule 4A
8: New section 110A inserted (Relationship between Part 11 and other law relating to information disclosure)
After section 110
110A: Relationship between Part 11 and other law relating to information disclosure
This Part does not—
a: limit the collection, use, or disclosure of personal information that—
i: is authorised or required by or under any enactment; or
ii: is permitted by the information privacy principles:
b: limit Part 9A, 10, or 10A
9: New Schedule 4A inserted
After Schedule 4 Schedule 4A Schedule 1
2: Amendments to other enactments
1: Amendments to Births, Deaths, Marriages, and Relationships Registration Act 1995
10: Principal Act
This subpart amends the Births, Deaths, Marriages, and Relationships Registration Act 1995 principal Act 2017-08-22 Births, Deaths, Marriages, and Relationships Registration Act 1995
11: Section 2 amended (Interpretation)
In section 2 approved information sharing agreement information sharing agreement non-disclosure direction
12: Section 78AA amended (Disclosure of birth information, death information, marriage information, civil union information, and name change information under approved information sharing agreement)
Repeal section 78AA(5)
13: New section 78AB inserted (Disclosure of birth information, death information, marriage information, civil union information, and name change information for law enforcement purposes)
After section 78AA
78AB: Disclosure of birth information, death information, marriage information, civil union information, and name change information for law enforcement purposes
1: This section applies if a specified agency has reason to suspect that a particular individual—
a: is, or is liable to be, detained under an enactment:
b: is, or is liable to be, arrested under a warrant issued by a court or any Registrar:
c: is contravening, or is about to contravene, an enactment or a court order:
d: is liable to be prosecuted for an offence punishable by imprisonment:
e: is, or is liable to be, detained or arrested in respect of a traffic offence:
f: is endangering, or is threatening to endanger, the life, health, or safety of a person or group of persons:
g: is injured or dead.
2: If this section applies, the Registrar-General may, despite the existence or absence of an approved information sharing agreement, share the following personal information about the particular individual with the specified agency:
a: birth information:
b: death information:
c: marriage information:
d: civil union information:
e: name change information.
3: This section does not limit section 74, 78A, or 78AA.
4: Subsection (1)
5: For the purposes of this section, specified agency
a: the Department of Corrections:
b: the Department of Internal Affairs:
c: the part of the Ministry of Business, Innovation, and Employment that administers the Immigration Act 2009:
d: the Ministry of Justice:
e: the Ministry of Transport:
f: the New Zealand Customs Service:
g: the New Zealand Police:
h: the New Zealand Transport Agency. 1993 No 28 s 97; 1996 No 27 s 32C(1); 2009 No 51 s 4
2: Amendments to Corrections Act 2004
14: Principal Act
This subpart amends the Corrections Act 2004 principal Act 2017-08-22 Corrections Act 2004
15: Section 3 amended (Interpretation)
In section 3(1) biometric information
16: Section 41 replaced (Photographing and measuring of prisoner)
Replace section 41
41: Collection of biometric information, etc, from prisoner
1: An officer may direct that a prisoner submit to—
a: photographs being taken of the prisoner:
b: biometric information being collected from the prisoner:
c: measurements being taken from the prisoner:
d: any other prescribed procedure designed to create a record to enable the subsequent identification of the prisoner.
2: No procedure that purports to authorise the taking of a bodily sample from a prisoner may be prescribed for the purposes of subsection (1)﻿(d).
3: The powers conferred by subsection (1)—
a: may be exercised only for the purpose of—
i: facilitating the management and security of the prison; and
ii: verifying the identity of prisoners upon release into the community to ensure public safety; and
b: must be exercised subject to the provisions of this Act and any other enactment.
4: If necessary, reasonable force may be used by an officer to compel the prisoner to submit to the taking of photographs, the collection of biometric information, the taking of measurements, or other prescribed procedures.
5: The chief executive must ensure that, if the prisoner is a person accused of an offence and subsequently acquitted, all information collected or taken from the prisoner under this section during the prisoner’s detention in respect of the charge, and any record of identifying information created in reliance on subsection (1) during that period, are immediately destroyed.
17: Section 128 amended (Offences by prisoner)
Replace section 128(1)﻿(m)
m: contrary to a direction given under section 41
i: photographs being taken of the prisoner:
ii: biometric information being collected from the prisoner:
iii: measurements being taken from the prisoner:
iv: any other prescribed procedure designed to create a record to enable the subsequent identification of the prisoner.
18: Section 202 amended (Regulations relating to safe custody of prisoners)
Replace section 202(c)
c: regulating—
i: the photographing of prisoners:
ii: the collection of biometric information from prisoners:
iii: the taking of measurements from prisoners:
ca: prescribing procedures to enable the identification of prisoners other than those that may be regulated under paragraph (c):
3: Amendments to Customs and Excise Act 1996
19: Principal Act
This subpart amends the Customs and Excise Act 1996 principal Act 2017-08-22 Customs and Excise Act 1996
20: Section 2 amended (Interpretation)
In section 2(1) biometric information
a: 1 or more of the following kinds of information:
i: a photograph of all or any part of the person’s head and shoulders:
ii: impressions of the person’s fingerprints:
iii: a scan of the person’s irises; and
b: an electronic record of the information that is capable of being used for biometric matching personal information
21: New sections 32D to 32F and cross-heading inserted
After section 32C Information
32D: Arrival and departure information
The Customs may, for the purposes of monitoring the movement of craft and persons, passenger and crew processing, and border security, collect and use the following information about craft and persons arriving in or departing from New Zealand:
a: details of craft movements including the craft name and registration number or identifier, estimated date and time of arrival or departure, and place of origin and destination; and
b: personal information including the person’s name, date of birth, gender, biometric information, passport number, nationality, and travel movements. 1996 No 27 s 279
32E: Verification of identity using biometric information
1: A Customs officer may, during the processing of a person’s arrival in or departure from New Zealand, request that person to provide biometric information for the purpose of verifying the person’s identity using biometric matching.
2: A person who fails to comply with a request made under subsection (1) may be directed by a Customs officer to remain in a designated place for either or both of the following purposes:
a: to enable the officer to make any inquiries necessary to establish the identity of the person:
b: to enable the officer to obtain the attendance of, or make inquiries of, another officer who is authorised, in respect of a matter specified in section 32C(1), to do 1 or more of the following:
i: question the person:
ii: ascertain or determine the status of the person:
iii: detain the person:
iv: arrest the person.
3: A person must comply with a direction given to the person under subsection (2).
4: A direction given to a person under subsection (2) ceases to have effect 4 hours after it is given.
5: In this section,— another officer
a: a constable; or
b: a bailiff; or
c: an employee or agent of a department of State designated place
a: a Customs controlled area; or
b: a Customs place; or
c: a place approved by the chief executive for the purposes of—
i: the arrival of a craft in New Zealand; or
ii: the departure of a craft from New Zealand.
32F: Detention of persons failing to comply with a direction under section 32E
1: A Customs officer may detain a person who fails to comply with a direction given under section 32E(2)
2: A Customs officer may detain a person under this section only for either or both of the purposes specified in section 32E(2)
3: A person must not be detained under this section for a period exceeding 4 hours.
4: Reasonable force may be used, if necessary, to detain a person under this section.
5: Nothing in this section prevents a person from—
a: being detained or further detained under another provision of this Act or under any other enactment if there are lawful grounds for that detention; or
b: being arrested under section 174.
6: In this section, to detain a person
22: Section 38Q amended (Part does not limit other access to or use of information)
In section 38Q(e) section 279 section 32D
23: Section 279 repealed (Arrival and departure information)
Repeal section 279
24: Section 280A amended (Interpretation)
In section 280A identifying information identifying information
25: Section 280C amended (Interpretation)
In section 280C identifying information identifying information
26: Section 280J amended (Defined terms for sections 280K and 280L)
In section 280J identifying information identifying information
27: Section 281 amended (Disclosure of information overseas)
After section 281(1)
1A: Despite subsection (1), the chief executive may not disclose biometric information relating to any person to an overseas agency, body, or person for the purpose of assisting the overseas agency, body, or person to perform the function specified in subsection (1)﻿(d).
28: Section 282 amended (Information that may be disclosed)
Replace section 282(1)﻿(j)
j: personal information:
4: Amendment to Immigration Act 2009
29: Principal Act
This subpart amends the Immigration Act 2009 principal Act 2017-08-22 Immigration Act 2009
30: Section 4 amended (Interpretation)
In section 4 biometric information biometric information
a: 1 or more of the following kinds of personal information:
i: a photograph of all or any part of the person’s head and shoulders:
ii: impressions of the person’s fingerprints:
iii: a scan of the person’s irises; and
b: a record, whether physical or electronic, of the personal information that is capable of being used for biometric matching
5: Amendments to Intellectual Disability (Compulsory Care and Rehabilitation) Act 2003
31: Principal Act
This subpart amends the Intellectual Disability (Compulsory Care and Rehabilitation) Act 2003 principal Act 2017-08-22 Intellectual Disability (Compulsory Care and Rehabilitation) Act 2003
32: Section 5 amended (Interpretation)
In section 5(1) biometric information
33: New section 62A inserted (Collection of biometric information from special care recipients)
After section 62
62A: Collection of biometric information from special care recipients
1: This section provides for the collection of biometric information to—
a: strengthen the management of special care recipients; and
b: ensure the safety and security of special care recipients; and
c: better manage the risk of special care recipients breaching section 67A
2: A special care recipient must allow the collection of biometric information if directed by—
a: the Director-General of Health; or
b: the care manager for the special care recipient; or
c: a compulsory care co-ordinator.
3: This section is subject to any regulations made under section 150(ca)
34: New section 67A inserted (Special care recipients not to leave secure facility or depart from New Zealand without permission)
After section 67
67A: Special care recipients not to leave secure facility or depart from New Zealand without permission
1: A special care recipient may not leave the secure facility in which the special care recipient is detained unless—
a: authorised by the Minister under section 66; or
b: authorised by the Director-General under section 67.
2: A special care recipient may not depart from New Zealand unless—
a: the special care recipient is on authorised leave; and
b: the special care recipient is permitted by the Minister, on terms and conditions specified by the Minister, to be absent from New Zealand during that authorised leave; and
c: the special care recipient’s departure from New Zealand is in accordance with the terms and conditions of the Minister’s permission given under paragraph (b).
3: In subsection (2),— authorised leave depart
a: attempt to depart:
b: prepare to depart.
35: Section 110 amended (Meaning of care recipient who has escaped)
1: After section 110(a)
ab: who has breached any terms or conditions of authorised leave; or
2: In section 110(c) leave ; or
3: After section 110(c)
d: who has departed from New Zealand in contravention of section 67A(2)
36: Section 150 amended (Regulations)
After section 150(c)
ca: restricting or otherwise regulating the collection under section 62A
6: Amendment to Intelligence and Security Act 2017
37: Principal Act
This subpart amends the Intelligence and Security Act 2017 principal Act 2017-08-22 Intelligence and Security Act 2017
38: Section 282 amended (Section 200 amended (Restrictions on access to photographic images of driver licence holders))
In section 282
1A: Subsection (1) is subject to—
a: subsections (2), (3), and (4):
b: section 141 of the Intelligence and Security Act 2017:
c: Part 10A
7: Amendment to Land Transport Act 1998
39: Principal Act
This subpart amends the Land Transport Act 1998 principal Act 2017-08-22 Land Transport Act 1998
40: Section 28 amended (Photographic driver licence)
Replace section 28(5)
5: The agency—
a: must store the photographic image used for each licence until the licence expires; and
b: may store the photographic image used for each licence after the licence has expired.
41: Section 200 replaced (Restrictions on access to photographic images of driver licence holders)
Replace section 200
200: Restrictions on access to photographic images of driver licence holders
1: Except as provided in this section or Part 10A
2: A person who is acting in the course of the person’s official duties as an employee of the Department of Internal Affairs may access or use any photographic image stored under section 28(5) to verify the identity of a particular individual.
3: A person who is the next of kin of a deceased individual to whom a photographic image stored under section 28(5) relates may access the photographic image—
a: on production to the Agency of—
i: a death certificate (within the meaning of section 2 of the Births, Deaths, Marriages, and Relationships Registration Act 1995) relating to the death of the individual; or
ii: the grant of probate of the will of the individual or of letters of administration to the individual’s estate; and
b: only if the person who is seeking access to the photographic image satisfies the Agency that the person is the individual’s next of kin.
4: A person who is acting in the course of the person’s official duties as an employee of a specified agency may access or use any photographic image stored under section 28(5) to verify the identity of a particular individual for the purpose of law enforcement.
5: For the purposes of this section,— next of kin specified agency
a: the Department of Corrections:
b: the part of the Ministry of Business, Innovation, and Employment that administers the Immigration Act 2009:
c: the Ministry of Justice:
d: the New Zealand Customs Service:
e: the New Zealand Police.
8: Amendments to Mental Health (Compulsory Assessment and Treatment) Act 1992
42: Principal Act
This subpart amends the Mental Health (Compulsory Assessment and Treatment) Act 1992 principal Act 2017-08-22 Mental Health (Compulsory Assessment and Treatment) Act 1992
43: Section 2 amended (Interpretation)
In section 2(1) biometric information
44: New section 43A and cross-heading inserted
After section 43 Collection of biometric information
43A: Collection of biometric information
1: This section provides for the collection of biometric information to—
a: strengthen the management of special patients and restricted patients in hospitals; and
b: ensure the safety and security of special patients and restricted patients; and
c: better manage the risk of special patients and restricted patients breaching section 52A
2: A person who is a special patient or a restricted patient must allow the collection of biometric information if directed by—
a: the Director of Mental Health; or
b: the Director of Area Mental Health Services; or
c: the person in charge of the hospital in which the patient is detained.
3: This section is subject to any regulations made under section 135(1)﻿(f)
45: New section 52A inserted (Special patients not to leave hospital or depart from New Zealand without permission)
After section 52
52A: Special patients not to leave hospital or depart from New Zealand without permission
1: A special patient may not leave the hospital in which the special patient is detained unless—
a: granted leave of absence by the Minister under section 50; or
b: granted leave of absence by the Director under section 52.
2: A special patient may not depart from New Zealand unless—
a: the special patient has been granted leave of absence under section 50 or 52; and
b: the special patient is permitted by the Minister, on terms and conditions specified by the Minister, to be absent from New Zealand during that leave; and
c: the special patient’s departure from New Zealand is in accordance with the terms and conditions of the Minister’s permission given under paragraph (b).
3: A special patient who contravenes subsection (2) must be treated as having escaped.
4: In subsection (2), depart
a: attempt to depart:
b: prepare to depart.
46: Section 53 amended (Escape and absence without leave)
In section 53 escapes, or who breaches any condition of leave,
47: Section 100 amended (Psychiatric security institutions)
Repeal section 100(4)
48: Section 135 amended (Regulations)
Replace section 135(1)﻿(f)
f: restricting or otherwise regulating the collection under section 43A
9: Amendments to Parole Act 2002
49: Principal Act
This subpart amends the Parole Act 2002 principal Act 2017-08-22 Parole Act 2002
50: Section 4 amended (Interpretation)
In section 4(1) biometric information
51: Section 14 amended (Standard release conditions)
After section 14(1)﻿(f)
fa: the offender must not leave or attempt to leave New Zealand without the prior written consent of a probation officer:
fb: the offender must, if a probation officer directs, allow the collection of biometric information:
52: New section 14A inserted (Purpose of collecting biometric information under section 14(1)﻿(fb))
After section 14
14A: Purpose of collecting biometric information under section 14(1)﻿(fb)
Biometric information collected under section 14(1)﻿(fb)
a: to manage offenders to ensure public safety; and
b: to identify offenders before they leave New Zealand; and
c: to enforce the condition specified in section 14(1)﻿(fa)
53: Section 107JA amended (Standard extended supervision conditions)
After section 107JA(1)﻿(e)
ea: the offender must not leave or attempt to leave New Zealand without the prior written consent of a probation officer:
eb: the offender must, if a probation officer directs, allow the collection of biometric information:
54: New section 107JB inserted (Purpose of collecting biometric information under section 107JA(1)﻿(eb))
After section 107JA
107JB: Purpose of collecting biometric information under section 107JA(1)﻿(eb)
Biometric information collected under section 107JA(1)﻿(eb)
a: to manage offenders to ensure public safety; and
b: to identify offenders before they leave New Zealand; and
c: to enforce the condition specified in section 107JA(1)﻿(ea)
55: Parole Regulations 2002 amended
Amend the Parole Regulations 2002 Schedule 2 2017-08-22 Parole Regulations 2002
10: Amendments to Sentencing Act 2002
56: Principal Act
This subpart amends the Sentencing Act 2002 principal Act 2017-08-22 Sentencing Act 2002
57: Section 4 amended (Interpretation)
In section 4(1) biometric information
58: Section 49 amended (Standard conditions of supervision)
After section 49(1)﻿(f)
fa: the offender must, if a probation officer directs, allow the collection of biometric information:
59: Section 54F amended (Standard conditions of intensive supervision)
After section 54F(1)﻿(g)
ga: the offender must not leave or attempt to leave New Zealand without the prior written consent of a probation officer:
gb: the offender must, if a probation officer directs, allow the collection of biometric information:
60: New section 59A inserted (Offender must allow collection of biometric information)
After section 59
59A: Offender must allow collection of biometric information
An offender who is subject to a sentence of community work must, if a probation officer directs, allow the collection of biometric information.
61: Section 69E amended (Conditions of community detention during sentence term)
After section 69E(1)﻿(d)
da: the offender must not leave or attempt to leave New Zealand without the prior written consent of a probation officer:
db: the offender must, if a probation officer directs, allow the collection of biometric information:
62: Section 71 amended (Offences relating to breach of sentence of community work)
After section 71(1)﻿(a)
ab: fails, without reasonable excuse, to allow the collection of biometric information in accordance with section 59A
63: Section 80C amended (Detention conditions applying to offender sentenced to home detention)
After section 80C(2)﻿(c)
ca: the offender must not leave or attempt to leave New Zealand without the prior written consent of a probation officer:
cb: the offender must, if a probation officer directs, allow the collection of biometric information:
64: Section 80O amended (Standard post-detention conditions)
After section 80O(e)
ea: the offender must not leave or attempt to leave New Zealand without the prior written consent of a probation officer:
eb: the offender must, if a probation officer directs, allow the collection of biometric information:
65: New subpart 2BA of Part 2 inserted
After section 80ZM
2BA: Biometric information
80ZMA: Purpose of collecting biometric information
1: Biometric information collected under section 49(1)﻿(fa), 54F(1)﻿(gb), 59A, 69E(1)﻿(db), 80C(2)﻿(cb), or 80O(eb)
a: to manage offenders to ensure public safety; and
b: to identify offenders before they leave New Zealand; and
c: to enforce the conditions specified in sections 54F(1)﻿(ga), 69E(1)﻿(da), 80C(2)﻿(ca), and 80O(ea)
2: Biometric information may be used only for the purpose referred to in subsection (1).
66: Sentencing Regulations 2002 amended
Amend the Sentencing Regulations 2002 Schedule 3 2017-08-22 Sentencing Regulations 2002
11: Amendments to Victims’ Rights Act 2002
67: Principal Act
This subpart amends the Victims’ Rights Act 2002 principal Act 2017-08-22 Victims’ Rights Act 2002
68: New section 35B inserted (Notice of offender on temporary release escaping from lawful custody)
After section 35A
35B: Notice of offender on temporary release escaping from lawful custody
If the accused or offender is temporarily released from custody under section 62(1)﻿(a) of the Corrections Act 2004, the chief executive of the Department of Corrections must give a victim to whom this section applies notice, as soon as practicable, of every instance the accused or offender is deemed to be unlawfully at large under section 63(3) of that Act.
69: Section 41 amended (Effect of appointment of representative)
In section 41
2: However, despite subsection (1)﻿(b), if the information to which the appointment relates is a notice to be given to the victim under section 35(1)﻿(b)﻿(i), 35A(b)﻿(i), 35B
a: there is a risk to the victim’s safety; and
b: that risk cannot in the circumstances be sufficiently managed by giving the notice to the representative.