Corrections Act 2004

Corrections system - Miscellaneous - Disclosure of offender information

181: Offender information may be disclosed for immigration purposes

You could also call this:

"The government can share your information with immigration if you break the law and get a prison sentence."

The government can share information about you with the immigration department if you have been sentenced to imprisonment. This information can include your name, date of birth, and details about your offence and sentence. The chief executive can share this information with the immigration department to help them decide if you should be deported.

The chief executive can also share information about you if you have received a sentence of home detention or a community-based sentence, but only if they are allowed to do so by regulations. You can find more information about this in the Privacy Act 1993 and the Privacy Act 2020. The information can be shared in any form that the chief executive and the immigration department agree on.

After 1 December 2020, information can only be shared under an information matching agreement or an approved information sharing agreement. Identifying information about you includes your full name, date and place of birth, and any other details that can be used to identify you. This information can be shared with immigration officers or other employees of the immigration department who are authorised to receive it.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM296574.


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Part 2Corrections system
Miscellaneous: Disclosure of offender information

181Offender information may be disclosed for immigration purposes

  1. The purpose of this section is to facilitate the disclosure of information by the department to the department of State for the time being responsible for the administration of the Immigration Act 2009 (the responsible department), for the purpose of assisting the Minister of Immigration or an immigration officer to exercise any power conferred by that Act to determine whether a person is liable for deportation or to deport any person.

  2. For the purpose of this section, the chief executive may from time to time, in accordance with arrangements in writing made from time to time between the chief executive and the Chief Executive of the responsible department,—

  3. supply to the Chief Executive of the responsible department the information specified in subsection (3) in respect of persons who have been sentenced to imprisonment:
    1. if the chief executive is authorised by regulations made under this Act to do so, supply to the Chief Executive of the responsible department the information specified in subsection (3) in respect of persons who have received a sentence of home detention:
      1. if the chief executive is authorised by regulations made under this Act to do so, supply to the Chief Executive of the responsible department the information specified in subsection (3) in respect of persons who have received a community-based sentence.
        1. The information referred to in subsection (2) is as follows:

        2. identifying information about the person:
          1. details of the person's offence and sentence (including relevant dates such as the date on which the person is eligible or entitled to be released).
            1. The chief executive may supply the information specified in subsection (3) to any immigration officer or other officer or employee of the responsible department who is authorised in that behalf by the Chief Executive of the responsible department.

            2. Information supplied under subsection (4) may be supplied in any form that is determined by agreement between the Chief Executive of the responsible department and the chief executive.

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

            4. 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 identifying information in relation to any person includes the person's full name, date and place of birth, gender, location, citizenship, unique identifying number used by the department, and any known alias.

                Notes
                • Section 181(1): replaced, at 2 am on , by section 406(1) of the Immigration Act 2009 (2009 No 51).
                • Section 181(2): amended, at 2 am on , by section 406(1) of the Immigration Act 2009 (2009 No 51).
                • Section 181(2)(a): amended, at 2 am on , by section 406(1) of the Immigration Act 2009 (2009 No 51).
                • Section 181(2)(ab): inserted, on , by section 58 of the Sentencing Amendment Act 2007 (2007 No 27).
                • Section 181(2)(ab): amended, at 2 am on , by section 406(1) of the Immigration Act 2009 (2009 No 51).
                • Section 181(2)(b): amended, at 2 am on , by section 406(1) of the Immigration Act 2009 (2009 No 51).
                • Section 181(4): amended, at 2 am on , by section 406(1) of the Immigration Act 2009 (2009 No 51).
                • Section 181(5): amended, at 2 am on , by section 406(1) of the Immigration Act 2009 (2009 No 51).
                • Section 181(5A): inserted, on , by section 190 of the Privacy Act 2020 (2020 No 31).