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Births, Deaths, Marriages, and Relationships Registration Act 2021

Searches and disclosure of information - Public access to information - Special purpose searches

96: Non-disclosure direction and access register requirements do not apply to certain searches by public sector agencies

You could also call this:

"Some government agencies don't have to follow rules when searching for information to enforce the law."

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

You can ask for information under section 91. This section is about when you do not have to follow some rules. You do not have to follow these rules if you are a public sector agency and you need the information to enforce the law. You also do not have to follow these rules if another law says you can have the information. If this section applies to you, the Registrar-General does not have to record your request. The Registrar-General can give you the information even if someone has said it should be kept secret. This can happen if you are an intelligence and security agency and you need the information to do your job. The New Zealand Police can also get the information to tell someone's family about their death. The Registrar-General can give the Police this information without following the usual rules.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM7326372.

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Government and voting > Government departmentsCrime and justice > Police and safety
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95: Non-disclosure direction does not apply to searches for certain authorised purposes, or

"Getting information despite a non-disclosure direction for important reasons like court cases or adoption."

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97: Certain public sector agencies may request searches in public interest or named person’s interest, or

"Government agencies can ask for birth, death, and marriage records for a good reason."

Part 4Searches and disclosure of information
Public access to information: Special purpose searches

96Non-disclosure direction and access register requirements do not apply to certain searches by public sector agencies

  1. This section applies to a request for access to information under section 91 by—

  2. a public sector agency, if access to the information by the public sector agency is necessary to avoid prejudice to the maintenance of the law (including the prevention, detection, investigation, prosecution, and punishment of offences); or
    1. a public sector agency, if disclosure of the information to the public sector agency is contemplated or authorised by any other enactment; or
      1. an intelligence and security agency, if it requires the information for the performance of its functions; or
        1. the New Zealand Police, for the purpose of notifying next of kin in the case of a person’s death.

          1. If this section applies, the Registrar-General—

          2. is not required to record the request in the access register under section 98(2); and
            1. may comply with the request even if the information is subject to a non-disclosure direction.

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