Citizenship Act 1977

  • This version was reprinted on 31 October 2014 to make a correction to the definition of employee in section 2(1) under section 25(1)(i) of the Legislation Act 2012.
26B Access to information for citizenship purposes
  • (1) The Secretary and the chief executive of the department that is, with the authority of the Prime Minister, for the time being responsible for the administration of the Immigration Act 2009 (the chief executive) may enter into an agreement for access by the Secretary, or officers of the Department of Internal Affairs designated by the Secretary for the purpose, to information held by the chief executive by virtue of being responsible for the administration of the Immigration Act 2009 that is needed for or relevant to—

    • (a) citizenship investigations and the accurate assessment of applications for a grant of citizenship; or

    • (b) determining whether a person is a New Zealand citizen by birth.

    (2) An agreement entered into under subsection (1) may be varied by the Secretary and the chief executive.

    (3) Before entering into an agreement under subsection (1), or varying an agreement under subsection (2), the Secretary and the chief executive must consult with the Privacy Commissioner on the terms of the agreement or variation.

    (4) The Privacy Commissioner may require the Secretary and the chief executive to review an agreement under this section, and report on the result of the review to the Privacy Commissioner, at intervals not shorter than 12 months.

    (5) For citizenship purposes, the Secretary or designated officers of the Department of Internal Affairs may access information held by the chief executive only in accordance with an agreement entered into under this section.

    Section 26B: inserted, on 21 April 2005, by section 13 of the Citizenship Amendment Act 2005 (2005 No 43).

    Section 26B(1): amended, at 2 am on 29 November 2010, by section 406(1) of the Immigration Act 2009 (2009 No 51).