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Births, Deaths, Marriages, and Relationships Registration Act 2021

Searches and disclosure of information - Public access to information - Searches in public interest or named person’s interest

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

You could also call this:

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

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

You can ask for information from the birth, death, and marriage records if you are a government department or organisation. You must say why you need the information and how it will help the public or a specific person. You need to follow the rules set by the Registrar-General when making your request. You are a government department if you are listed in Part 1 of Schedule 1 of the Ombudsmen Act 1975. You are an organisation if you are listed in Part 2 of Schedule 1 of the Ombudsmen Act 1975 or in Schedule 1 of the Official Information Act 1982. The Registrar-General will only give you the information if it is necessary for a good reason and follows the purposes of the Births, Deaths, Marriages, and Relationships Registration Act. They can give you the information even if it is normally private.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM7326385.

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Topics:
Government and voting > Government departmentsFamily and relationships > Marriage and partnershipsFamily and relationships > Children and parentingRights and equality > Privacy
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96: Non-disclosure direction and access register requirements do not apply to certain searches by public sector agencies, or

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

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98: Registrar-General must keep access register, or

"The Registrar-General keeps a record of who asks to see birth, marriage, or death information."

Part 4Searches and disclosure of information
Public access to information: Searches in public interest or named person’s interest

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

  1. A department or an organisation may request the Registrar-General to search for, or provide, information in the registry for a purpose—

  2. in the public interest; or
    1. in a named person’s interest.

      1. The request must—

      2. specify the reasons for the request (including why it is necessary or desirable in the public interest or a named person’s interest); and
        1. in the case of a search in a named person’s interest, name the person in whose interest the search is requested; and
          1. be made in accordance with any directions issued by the Registrar-General.

            1. The Registrar-General may authorise a search for, or provide access to, the information requested only if the department or organisation satisfies the Registrar-General that searching for, or providing access to, the information—

            2. is required for a purpose consistent with this Act’s purposes; and
              1. is necessary or desirable in—
                1. the public interest; or
                  1. the interest of the person named under subsection (2)(b).

                  2. The Registrar-General may provide access to information under subsection (3) even if the information is subject to a non-disclosure direction.

                  3. In this section,—

                    department means a government department named in Part 1 of Schedule 1 of the Ombudsmen Act 1975

                      organisation means—

                      1. an organisation named in Part 2 of Schedule 1 of the Ombudsmen Act 1975; or
                        1. an organisation named in Schedule 1 of the Official Information Act 1982.