Child Protection (Child Sex Offender Government Agency Registration) Amendment Act 2021

1: Title
This Act is the Child Protection (Child Sex Offender Government Agency Registration) Amendment Act 2021.
2: Commencement
This Act comes into force on the day after the date on which it receives the Royal assent.
3: Principal Act
This Act amends the Child Protection (Child Sex Offender Government Agency Registration) Act 2016 2021-03-23 Child Protection (Child Sex Offender Government Agency Registration) Act 2016
1: Amendment to Part 1 of principal Act
4: Section 9 amended (Court may make registration order)
Repeal section 9(1A)
2: Amendments to Schedule 1 of principal Act
5: Schedule 1 amended
1: In Schedule 1, before clause 1 Retrospective application provisions as inserted in 2017 (with effect on and after 14 October 2016)
2: In Schedule 1, before clause 1(1) Subject to sentence of imprisonment, etc, on 14 October 2016
3: In Schedule 1, before clause 1(2) Convicted of qualifying offence before, but sentenced in respect of that conviction on or after, 14 October 2016
4: In Schedule 1, before clause 1(3) Convicted of corresponding foreign offence before, but sentenced, etc, as a consequence of that conviction on or after, 14 October 2016
5: In Schedule 1, before clause 1(4) Person to whom clause applies is registrable offender
6: In Schedule 1, before clause 2 Related provisions inserted in 2017
7: In Schedule 1, after clause 4 Further retrospective application provisions inserted in 2021
5: Further retrospective application to fill gap identified in
D (SC 31/2019) v New Zealand Police Committed qualifying offence before, but convicted and sentenced in respect of that offence on or after, 14 October 2016
1: This clause applies to a person who—
a: committed before 14 October 2016 a qualifying offence; and
b: was convicted on or after 14 October 2016 of the qualifying offence; and
c: on or after 14 October 2016, in respect of that conviction,—
i: was or is sentenced to imprisonment; or
ii: was or is sentenced to a non-custodial sentence, and was or is made subject to a registration order. Committed corresponding offence in foreign jurisdiction before, but convicted and sentenced, etc, as a consequence of that conviction on or after, 14 October 2016
2: This clause applies to a person who—
a: committed before 14 October 2016 a corresponding offence in a foreign jurisdiction; and
b: was convicted on or after 14 October 2016 of the corresponding offence in a foreign jurisdiction; and
c: as a consequence of that conviction, on or after 14 October 2016,—
i: was or is sentenced to imprisonment; or
ii: was or is required to report in that jurisdiction information about himself or herself to a person or body performing functions substantially similar to those of the Commissioner under this Act, and to keep that information current for a particular period (and would, if the person were currently in that jurisdiction, still be required to report that information); or
iii: was or is deported from that jurisdiction. Person to whom clause applies must be taken to have been, or to be, registrable offender
3: A person to whom this clause applies must be taken to have been, or to be,—
a: a registrable offender for the purposes of section 7(1) and this schedule (if subclause (1) applies); and
b: a corresponding registrable offender for the purposes of section 8 and a registrable offender for the purposes of section 7(2) and this schedule (if subclause (2) applies); and
c: subject to all other provisions of this Act with any necessary modifications. Related provisions inserted in 2021
6: Validation of specified registrations
This clause makes valid, from when it occurred, a registration—
a: under section 7(1)﻿(a) or (2); and
b: that occurred on or after 14 October 2016 and before the commencement of the Child Protection (Child Sex Offender Government Agency Registration) Amendment Act 2021
c: that occurred in respect of a person and a conviction specified in clause 5(1) or (2)
d: that is invalid, but would be valid if clause 5
e: even if the registration is in any way undone or deprived of effect by the Commissioner or a court before that commencement on the ground only that a person to whom clause 5
7: Validation of specified registration orders
This clause makes valid, from when it was made, a registration order—
a: made by a court under sections 7(1)﻿(b) and 9; and
b: made on or after 14 October 2016 and before the commencement of the Child Protection (Child Sex Offender Government Agency Registration) Amendment Act 2021
c: made in respect of a person and a conviction specified in clause 5(1) or (2)
d: that is invalid, but would be valid if clause 5
e: even if the order is in any way undone or deprived of effect by a court before that commencement on the ground only that a person to whom clause 5
8: Application for registration order
1: This clause applies in respect of a person who—
a: committed before 14 October 2016 a qualifying offence; and
b: was convicted on or after 14 October 2016 of the qualifying offence; and
c: in respect of that conviction, was sentenced to a non-custodial sentence (for example, in substitution for a custodial sentence), but was not made subject to a registration order (whether or not one was applied for),—
i: after judgment was delivered, on 9 February 2021, in D (SC 31/2019) v New Zealand Police
ii: before the commencement of the Child Protection (Child Sex Offender Government Agency Registration) Amendment Act 2021
2: Despite section 9(4), the prosecutor may, in respect of a person described in subclause (1), apply to the court that imposed the sentence for a registration order (which may be made because clause 5
3: However, subclause (2) does not apply if, at the time of sentencing, the court declined to make a registration order because it was not satisfied that the person posed a risk to the lives or sexual safety of 1 or more children, or of children generally.
4: Section 9 applies, with any necessary modifications, to an application made under this clause.
9: Exceptions to clauses about further retrospective application, etc
1: Clauses 5 to 7 clause 10
2: Clauses 5 to 8 clause 11
10: Exception for obligations between decision and Amendment Act
1: Despite clauses 5 to 7
a: after judgment was delivered, on 9 February 2021, in D (SC 31/2019) v New Zealand Police
b: before the commencement of the Child Protection (Child Sex Offender Government Agency Registration) Amendment Act 2021
2: This clause does not alter or affect a registrable offender’s length of reporting period or period on the register.
11: Exception for particular appellant and decision as it relates to them
Clauses 5 to 8
a: apply to the particular appellant in D (SC 31/2019) v New Zealand Police
b: affect that judgment as it relates to that appellant. Overriding any inconsistent other law
12: Clauses 1 and 5 to 8 override any inconsistent other law
1: The following clauses had effect, and have effect, despite any other law if, or to the extent that, the other law is inconsistent with them:
a: clause 1 as inserted on 8 March 2017 with effect on and after 14 October 2016:
b: clauses 5 to 8
2: In particular, any other law
a: section 6(1) and (2) of the Sentencing Act 2002:
b: sections 25(g) and 26(2) of the New Zealand Bill of Rights Act 1990:
c: D (SC 31/2019) v New Zealand Police