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Immigration Act 2009

Compliance and information - Disclosure of information to or by other agencies, bodies, or persons

294: Information matching to identify immigration status of person sentenced to imprisonment or community-based sentence

You could also call this:

“Sharing information between immigration and prison departments about sentenced individuals' immigration status”

This section explains how the Department of Immigration and the department responsible for prisons can share information about people who have been sentenced to prison or given a community-based sentence.

The two departments can make an agreement to share information. The prison department can tell the immigration department about people who have been sentenced. If allowed by the rules, they can also share information about people who have community-based sentences.

The immigration department can then check if they have any information about these people. If they do, they can tell the prison department about the person’s immigration status, any changes to it, and any actions taken or planned under immigration law.

The two departments can decide how often they share information, what form it takes, and how they send it to each other.

From 1 December 2020, they can only share this information if they have a special agreement that follows privacy laws.

The law also explains what kind of information can be shared, like a person’s name, date of birth, gender, and special numbers used by the departments to identify people.

This text is automatically generated. It might be out of date or be missing some parts. Find out more about how we do this.

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM1441042.

Topics:
Immigration and citizenship > Visas
Immigration and citizenship > Border control
Government and voting > Government departments
Crime and justice > Criminal law
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Part 8 Compliance and information
Disclosure of information to or by other agencies, bodies, or persons

294Information matching to identify immigration status of person sentenced to imprisonment or community-based sentence

  1. The purpose of this section is to facilitate the disclosure of information between the Department and the department of State for the time being responsible for the administration of the Corrections Act 2004 (the responsible department) to enable the responsible department to identify the immigration status of any person who has been sentenced to imprisonment or who has received a community-based sentence.

  2. The chief executive of the Department and the chief executive of the responsible department may, for the purposes of this section, make arrangements between them in writing for the disclosure of information under this section and, in accordance with those arrangements, the chief executive of the responsible department may supply to the chief executive of the Department any identifying information—

  3. about a person who has been sentenced to imprisonment; or
    1. if authorised by regulations made under the Corrections Act 2004, about a person who has received a community-based sentence.

      1. The chief executive of the Department may compare any information he or she receives under subsection (2) with any information held by the Department that relates to the person and, if the Department has immigration information about the person, the chief executive of the Department may, in accordance with the arrangements made under subsection (2), supply to an authorised officer the following information relating to the person:

      2. identifying information about the person; and
        1. the person’s immigration status under this Act and—
          1. any changes to that status:
            1. any action taken under this Act in respect of that person:
              1. any proposed action to be taken under this Act in relation to that person.

              2. The chief executive of the Department and the chief executive of the responsible department may, for the purpose of this section, determine by agreement between them—

              3. the frequency with which information may be supplied; and
                1. the form in which information may be supplied; and
                  1. the method by which information may be supplied.

                    1. On or after 1 December 2020, no information may be disclosed under this section except under—

                    2. an information matching agreement entered into under Part 10 of the Privacy Act 1993 and continued by clause 11 of Schedule 1 of the Privacy Act 2020; or
                      1. an approved information sharing agreement entered into under subpart 1 of Part 7 of the Privacy Act 2020.

                        1. In this section,—

                          authorised officer means an officer, employee, or agent of the responsible department who is authorised by the chief executive of that department to receive information from the chief executive of the Department in accordance with this section

                            identifying information includes a person's—

                            1. full name:
                              1. date and place of birth:
                                1. gender:
                                  1. unique identifying number used by the responsible department:
                                    1. unique identifying number used by the Department:
                                      1. biometric information:
                                        1. citizenship:
                                          1. alias or aliases.

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                                          Notes
                                          • Section 294(4A): inserted, on , by section 190 of the Privacy Act 2020 (2020 No 31).