302Disclosure of information to enable Department to check identity, character, and status

1. The purpose of this section is to facilitate the disclosure of information by a specified agency to the Department to enable the Department to—

2. establish or verify a person's identity:
3. check matters relating to a person's character:
4. ascertain whether a person is an excluded person.

5. For the purposes of this section, the chief executive of the Department may supply identifying information about the following persons to the chief executive of the specified agency:

6. a person who holds a visa:
7. a person to whom a visa waiver applies:
8. a person who applies for a visa:
9. a person who applies for entry permission:
10. a person who is deemed to have been granted entry permission:
11. a person who travels to New Zealand, including as a member of the crew of a craft, and does not enter New Zealand as a New Zealand citizen:
12. a person about whom the chief executive has received and retained information under section 96 or 102 and who does not enter New Zealand as a New Zealand citizen:
13. a person liable for turnaround or who the chief executive of the Department suspects is liable for turnaround:
14. a person who the chief executive of the Department believes is unlawfully in New Zealand:
15. a person who may be, or may become as a result of investigations, liable for deportation.

16. The chief executive of the specified agency may compare the information he or she receives with information that the specified agency holds about the person.

17. If the specified agency holds information about the person, the chief executive of the specified agency may supply the information described in subsection (5) to an authorised officer under an agreement to which subsection (6) applies.

18. The information is—

19. the person's identifying information:
20. the person's previous convictions:
21. the person's modus operandi:
22. details of the person's known or suspected involvement in illegal activities:
23. details of the person's known currency and other financial transactions of relevant interest, including known or suspected involvement in money laundering:
24. intelligence analysis assessments of and reports about the person:
25. details of communications interceptions involving the person:
26. the person's general history known to the specified agency (which may include information about associates and networks):
27. the person's past travel movements.

28. The following provisions apply to an agreement:

    Making

29. it must not be made until the chief executive of the specified agency has consulted the Privacy Commissioner about it:
30. it must be made between the chief executive of the specified agency and the chief executive of the Department:
31. it must be in writing:

Contents

32. it must state the criteria for the disclosure under it of information by the specified agency to the Department:
33. it must state the use that the Department may make of the information disclosed to it:
34. it must—
    1. state that the Department must not disclose the information disclosed to it to any other agencies, bodies, or persons; or
    2. state the other agencies, bodies, or persons to which the Department may disclose information disclosed to it, the extent to which the Department may disclose the information, and the conditions subject to which the Department may disclose the information:
35. it may state the form in which the information may be disclosed:
36. it may state the method by which the information may be disclosed:

Varying

37. it may be varied:
38. it must not be varied until the chief executive of the specified agency has consulted the Privacy Commissioner about the variation:

Reviews and reports

39. it, and the arrangements for disclosure under it, must be the subject of reviews and reports to the Privacy Commissioner by the chief executive of the Department at intervals of no less than 12 months, if the Privacy Commissioner so requires.

40. The chief executive of the Department must ensure that each annual report of the Department includes information about agreements between the chief executive of the Department and the chief executive of the specified agency under this section, including—

41. the number of agreements; and
42. an outline of each agreement; and
43. the number of cases in which the accuracy of the information disclosed by the chief executive of the specified agency was challenged.

44. In this section,—

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

    chief executive of the specified agency includes the Commissioner of Police

    identifying information means a person's—

    1. full name:
    2. date and place of birth:
    3. gender:
    4. unique identifying number used by the Department:
    5. unique identifying number used by the specified agency:
    6. biometric information:
    7. alias or aliases:
    8. address:
    9. distinguishing features:
    10. details of travel documents:
    11. details of identity documents:
    12. citizenship:
    13. nationality

    specified agency means—

    1. the New Zealand Police:
    2. the Ministry of Justice:
    3. the department of State responsible for the administration of the Biosecurity Act 1993:
    4. the department of State responsible for the administration of the Corrections Act 2004:
    5. the department of State responsible for the administration of the Customs and Excise Act 2018.

Notes

• Section 302(8) specified agency paragraph (e): amended, on 1 October 2018, by section 443(3) of the Customs and Excise Act 2018 (2018 No 4).