Births, Deaths, Marriages, and Relationships Registration Act 2021

Searches and disclosure of information - Public access to information - Non-disclosure directions

104: Duration of non-disclosure direction

You could also call this:

"How long a non-disclosure direction lasts"

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

You can have a non-disclosure direction in place from the date it is given by the Registrar-General. It stays in place until the earliest of two dates: when the prescribed period ends or when the Registrar-General decides to withdraw it. The Registrar-General can withdraw it if you ask them to, or if they decide to do so under certain conditions. You can ask the Registrar-General to withdraw the direction or to put it back in place after it has been withdrawn. The Registrar-General must withdraw the direction if the person who asked for it is convicted of a certain offence or if they are not satisfied with the reasons it was requested. The Registrar-General follows rules when considering your request to withdraw or reinstate the direction. They look at the grounds for the request and make any necessary inquiries to decide what to do. If you want to know more about the rules, you can look at section 102(2) and section 138(1)(d).

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM7326379.

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Part 4Searches and disclosure of information
Public access to information: Non-disclosure directions

104Duration of non-disclosure direction

  1. A non-disclosure direction is in force from the date on which the Registrar-General gives the direction and continues in force until the earlier of—

  2. the expiry of the prescribed period; and
    1. the date on which the Registrar-General directs that the direction be withdrawn—
      1. in accordance with a request under subsection (2); or
        1. in accordance with subsection (3).
        2. An individual who is the subject of the information to which a non-disclosure direction relates or the individual’s personal representative may, at any time, request the Registrar-General—

        3. to withdraw the direction; or
          1. on 1 or more prescribed grounds, to reinstate the direction after it has been withdrawn or after the prescribed period referred to in subsection (1)(a) has expired.
            1. The Registrar-General must withdraw a non-disclosure direction if—

            2. the person who requested the direction is convicted of an offence under section 138(1)(d); or
              1. the Registrar-General, after making any inquiries that the Registrar-General considers reasonably necessary for the purpose of this Act, is satisfied that the request was not made on any grounds referred to in section 102(2)(a)(i).
                1. Section 102(2) applies with any necessary modifications to a request under subsection (2).

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