Births, Deaths, Marriages, and Relationships Registration Act 2021

Searches and disclosure of information - Public access to information - Restricted information

108: Access to restricted identity information

You could also call this:

"Who can see private identity information and how"

Illustration for Births, Deaths, Marriages, and Relationships Registration Act 2021

The Registrar-General can give you access to restricted identity information if you are the person the information is about. They can also give you access if the person the information is about has given written consent, is dead, or was born more than 120 years ago. You can also get access in accordance with section 109 or 113. If you ask for information about someone who has a new identity, the Registrar-General must tell that person someone has asked for their information. They must also tell the Commissioner of Police or the Director-General of an intelligence and security agency, depending on who created the new identity. The Registrar-General can tell the person with the new identity and the Commissioner of Police or the Director-General of an intelligence and security agency when you asked for the information, who you are, and what you asked for. They can also tell them what information they gave you. The Registrar-General can notify a government agency if someone has a new identity and give them details about that person, but only with written approval from the Commissioner of Police or the Director-General of an intelligence and security agency.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM7316525.

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Part 4Searches and disclosure of information
Public access to information: Restricted information

108Access to restricted identity information

  1. The Registrar-General may provide access to restricted identity information only—

  2. if satisfied that the person requesting access is the subject of the information; or
    1. if satisfied that the person who is the subject of the information—
      1. has given the Registrar-General written consent to provide access to the person requesting the information; or
        1. is dead; or
          1. was born more than 120 years ago; or
          2. in accordance with subsection (4) or section 109 or 113.
            1. The Registrar-General must, as soon as practicable after a person requests access to information in the registry in respect of a person for whom a new identity has been created,—

            2. notify the person who has the new identity that the information has been requested (if the Registrar-General has the person’s latest contact details); and
              1. notify—
                1. the Commissioner of Police (if the new identity was created as a result of a request by the Minister of Police); or
                  1. the Director-General of an intelligence and security agency (if the new identity was created as a result of a request by the Director-General of an intelligence and security agency).
                  2. The Registrar-General may also inform the person who has the new identity and the Commissioner of Police or the Director-General of an intelligence and security agency (whichever is notified under subsection (2)) of the following information:

                  3. the date and time of the request:
                    1. the name, address, and contact details (if known) of the person who made the request:
                      1. the information requested:
                        1. the information (if any) provided to the person as a result of the request.
                          1. The Registrar-General may—

                          2. notify a government agency that has an interest in ensuring that people do not have more than 1 identity that a new identity has been created for the person under section 77; and
                            1. provide details about the person (such as the person’s date of birth, former name, and new name) to that agency.
                              1. However, the Registrar-General may do so only with the written approval of—

                              2. the Commissioner of Police (if the new identity was created as a result of a request by the Minister of Police); or
                                1. the Director-General of an intelligence and security agency (if the new identity was created as a result of a request by the Director-General of an intelligence and security agency).
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