Schedule 5 Law enforcement information

ss 111, 113

Schedule 5: replaced, on 27 June 1997, by clause 2 of the Privacy (Fifth Schedule) Order 1997 (SR 1997/86).

Ministry of Justice records
SubjectDescriptionAccess available to
Court document processingParticulars of proceedings in respect of which informations are to be laid or charging documents filed; the acceptance of data for and the preparations of associated documents

Police

Serious Fraud Office

Department of Corrections

Legal Services Commissioner, limited only to finding out whether or not an applicant for criminal legal aid has any charges currently pending determination by the courts

Details of hearingsDetails of hearings of proceedings in respect of which an information has been laid or charging documents filed, including convictions, sentences, and all other matters ancillary and subsequent to a determination

Police (access is limited so as to exclude details relating to young persons, being persons over 14 years but under 17 years, where the offence did not carry a liability to imprisonment)

New Zealand Transport Agency (access is limited to traffic cases only)

Serious Fraud Office (access is limited so as to exclude details relating to young persons, being persons over 14 years but under 17 years, where the offence did not carry a liability to imprisonment)

Department of Corrections

Legal Services Commissioner, for the purpose of determining an application for a grant of legal aid (access is limited so as to exclude details relating to young persons, being persons over 14 years but under 17 years, where the offence did not carry a liability to imprisonment)

Enforcement of fines and other ordersParticulars of writs, warrants, or orders in force and issued or made on default in the payment of fines or other monetary sums ordered in proceedings commenced by indictment or information or filing a charging document; particulars of the persons to whom the writs, warrants, or orders relate; and particulars of fines, sentences, or orders imposed or made against those persons, including the amounts remaining payable thereunder and the arrangements for payment

Police

Department of Corrections

Legal Services Commissioner, for the purpose of determining an application for a grant of legal aid in relation to a criminal matter

Driver licence stop ordersParticulars of each order served, cancelled, or terminated, the full name, full address, telephone number, driver licence number, and date of birth of the person on whom the order was served; the date and time when the order was served on the person, the date of the cancellation or termination of the order, and any amendments required, as at the date of service, cancellation, or termination, to the person’s full address and telephone numberNew Zealand Transport Agency (access is limited to recording, on the Driver Licence Register, the service, cancellation, or termination of an order and any amendments required to the person’s full address and telephone number, and to replacing a driver licence following the cancellation or termination of the order)
Non-performance of bail conditionsRecords relating to failure to comply with bail conditions entered under section 39(3) of the Bail Act 2000

Police

Police records
SubjectDescriptionAccess available to
Details of overseas hearingsDetails of hearings of overseas proceedings before overseas courts, including convictions, sentences, and all other matters ancillary and subsequent to a determination

Ministry of Justice

Department of Corrections

Serious Fraud Office

Police temporary file indexDetails of active or recently closed Police files, including the file numbers and location of the files, and the names of complainants, victims, witnesses, suspects, and alleged offenders

Ministry of Justice (access is limited to—

(a)

obtaining information about parties to offences for the purpose of processing cases before a court:

(b)

updating Police records)

Offender identityParticulars of the identity of persons who have been charged with an offence

Department of Corrections (access is limited to identity details for the purposes of—

(a)

entering information relating to prosecutions initiated otherwise than by the Police; or

(ab)

undertaking criminal history checks of persons wishing to visit prisons who have consented to such a check; or entering information relating to prosecutions initiated otherwise than by the Police; or

(b)

research conducted by the department, and with the limitation that information so obtained must not be published in a form which could reasonably be expected to identify the individual concerned)

Ministry of Justice (access is limited to—

(a)

identity details for the purposes of—

(i)

entering information relating to prosecutions initiated otherwise than by the Police; or

(ii)

providing assistance to victims in accordance with the Criminal Justice Act 1985, the Sentencing Act 2002, the Parole Act 2002, the Victims’ Rights Act 2002, and the Prisoners’ and Victims’ Claims Act 2005; or

(iii)

updating an existing database of court proceedings; or

(b)

obtaining information for the purpose of research conducted by the Ministry, and with the limitation that information so obtained must not be published in a form that could reasonably be expected to identify the individual concerned)

Victim identityThe name, sex, date of birth, address, and telephone number of persons who are the victims of a criminal offence in respect of which another person has been charged

Ministry of Justice (access is limited to identity details for the purpose of providing assistance to victims in accordance with the Criminal Justice Act 1985, the Sentencing Act 2002, the Parole Act 2002, the Victims’ Rights Act 2002, and the Prisoners’ and Victims’ Claims Act 2005)

Medical detailsAn indicator to identify persons who are or have been special patients under the Mental Health (Compulsory Assessment and Treatment) Act 1992 or any former Act and the hospitals at which those persons are or have been detained as special patients, or as committed patients, or as patients (within the meaning of that Act)

New Zealand Transport Agency (access is limited to obtaining information for the purposes of—

(a)

subpart 2 of Part 4A of the Land Transport Act 1998; or

(b)

section 19 of the Land Transport Act 1998

Department of Corrections

Ministry of Justice

Traffic offence and infringement enforcement and document processingTraffic offence and infringement enforcement processing, including infringement fees enforcement and preparation of documents

New Zealand Transport Agency

Ministry of Justice (access is limited to obtaining information for the purpose of processing cases before a court)

Legal Services Commissioner (access is limited to obtaining information for the purpose of processing cases before a court, and for determining an application for a grant of legal aid relating to a criminal matter)

Vehicles of interestParticulars of motor vehicles stolen, unlawfully taken, missing, abandoned, or found, or where location is for other reasons required to be known by the PoliceMinistry of Transport (access is limited so as to exclude such particulars as the Police may determine in any case)
Vehicles impounded under Land Transport Act 1998Particulars of an impounded vehicle, including make, model, type, registration plate number, vehicle identification number; the section of the Land Transport Act 1998 under which it is impounded, the date on which it was impounded, and the place where it is impounded; whether any appeals are yet to be determined; particulars of the person who was driving the vehicle immediately before its impoundment, including the full name, full address, telephone number, occupation, driver licence number, and date of birth of that person and the same particulars also for every person, other than that driver, who is registered in respect of the vehicleMinistry of Justice (access is limited to giving effect to action taken, under Part 3 of the Summary Proceedings Act 1957, to enforce the payment of fines, reparation, and related payments)
Wanted personsParticulars concerning persons wanted for arrest

New Zealand Transport Agency (access is limited to obtaining information for the purposes of—

(a)

subpart 2 of Part 4A of the Land Transport Act 1998:

(b)

carrying out the functions conferred on the Agency by section 95(1) of the Land Transport Management Act 2003:

(c)

carrying out the functions conferred on the Agency by the notice dated 22 August 1993 and published in the Gazette on 2 September 1993 at page 2626)

Ministry of Justice (access is limited to persons wanted in connection with fines enforcement)

Missing personsParticulars concerning persons missing or required to be located

New Zealand Transport Agency (access is limited so as to exclude such particulars as the Police may determine in any case)

Ministry of Justice (access is limited to persons required to be located in connection with fines enforcement)

Firearms licencesParticulars of persons authorised to possess firearms in accordance with the Arms Act 1983

Ministry of Justice (access is limited to identity details of persons who possess firearms, where that information is required for the purpose of serving orders made under the Domestic Violence Act 1995)

Protection ordersDetails of protection orders made under the Domestic Violence Act 1995

Department of Corrections (access is limited to obtaining information about any offender who is subject to a protection order while also subject to—

(a)

a full-time custodial sentence (including while released on parole or subject to conditions imposed under section 93 of the Sentencing Act 2002); or

(b)

a sentence of periodic detention, supervision, intensive supervision, community service, community programme, community work, or community detention; or

(c)

a non-association order; or

(d)

a sentence of home detention (including while subject to post-detention conditions); or

(e)

a public protection order, a prison detention order, or a protective supervision order under the Public Safety (Public Protection Orders) Act 2014; or

(f)

an extended supervision order.

Access is for the purpose of managing the offender’s sentence, any post-sentence conditions, or any order under the Public Safety (Public Protection Orders) Act 2014 in a manner consistent with any protection order.)

Restraining ordersDetails of restraining orders made under the Harassment Act 1997

Department of Corrections (access is limited to obtaining information about any offender who is subject to a restraining order while also subject to—

(a)

a full-time custodial sentence (including while released on parole or subject to conditions imposed under section 93 of the Sentencing Act 2002); or

(b)

a sentence of periodic detention, supervision, intensive supervision, community service, community programme, community work, or community detention; or

(c)

a non-association order; or

(d)

a sentence of home detention (including while subject to post-detention conditions); or

(e)

a public protection order, a prison detention order, or a protective supervision order under the Public Safety (Public Protection Orders) Act 2014; or

(f)

an extended supervision order.

Access is for the purpose of managing the offender’s sentence, any post-sentence conditions, or any order under the Public Safety (Public Protection Orders) Act 2014 in a manner consistent with any restraining order.)

Non-contact ordersDetails of non-contact orders made under the Victims’ Orders Against Violent Offenders Act 2014

Department of Corrections (access is limited to obtaining information about any offender who is subject to a non-contact order while also subject to—

(a)

a full-time custodial sentence (including while released on parole or subject to an extended supervision order made under section 107I of the Parole Act 2002 or to conditions imposed under section 93 of the Sentencing Act 2002); or

(b)

a sentence of intensive supervision, community detention, community work, or supervision; or

(c)

a non-association order; or

(d)

a sentence of home detention (including while subject to post-detention conditions); or

(e)

an extended supervision order.

Access is for the purpose of managing the offender’s sentence and any post-sentence conditions in a manner consistent with any non-contact order.)

New Zealand Transport Agency records
SubjectDescriptionAccess available to
Driver licence register (except photographic images on driver licences)A national register of all driver licences

Department of Corrections

Ministry of Justice

Police

Local authorities authorised under section 112

Serious Fraud Office

Ministry of Transport (access is limited to obtaining information for the purpose of verifying the identity of people who are or apply to be—

(a)
[Repealed]

(b)

holders of licences issued under the Road User Charges Act 2012

Registrar of Motor Vehicles (access is limited to obtaining information for the purposes of—

(a)

verifying the identity of people who are or apply to be registered in respect of motor vehicles on the register of motor vehicles; or

(b)

correcting or updating information held on the register of motor vehicles about such people)

Transport services licensing registerA national register of all transport service licences

Police

Demerit pointsThe recording of demerit points in relation to traffic offences

Police

Rail licensing registerA national register of all licences under the Railways Act 2005

Police

Registrar of Motor Vehicles records
SubjectDescriptionAccess available to
Motor vehicles registerA national register of all motor vehicles

Ministry of Justice (including for the purpose of enforcing civil debts)

Ministry of Transport

Police

Local authorities authorised under section 112

Serious Fraud Office

WorkSafe New Zealand (access is limited to name and address details of persons who are or were previously registered in respect of a specified vehicle for the purposes of enforcing the health and safety in employment legislation)

Ministry of Business, Innovation, and Employment (access is limited to name and address details of persons who are or were previously registered in respect of a specified vehicle for the purposes of enforcing immigration legislation)

Ministry of Fisheries (access is limited to name and address details of persons who are or were previously registered in respect of a specified vehicle for the purposes of enforcing fisheries legislation and any other enactment that confers enforcement powers on fisheries officers)

New Zealand Customs Service (access is limited to obtaining information for the purposes of enforcing legislation for which the Service has enforcement powers)

New Zealand Transport Agency (access is limited to obtaining information for the purposes of carrying out the functions conferred on the Agency by—

(a)

section 95(1) of the Land Transport Management Act 2003:

(b)

the notice dated 22 August 1993 and published in the Gazette on 2 September 1993 at page 2626)

Legal Services Commissioner (access is limited to obtaining information for the purpose of determining financial eligibility of an applicant for a grant of legal aid in relation to a criminal matter)

An enforcement authority under the Land Transport Management Act 2003.

Ministry of Transport records
SubjectDescriptionAccess available to
Road user chargesDetails of licences issued under the Road User Charges Act 1977 and details of the corresponding licence holders

Police (access is limited to obtaining information for the purpose of enforcing the Road User Charges Act 1977)

New Zealand Transport Agency (access is limited to obtaining information for the purposes of carrying out the functions conferred on the Agency by—

(a)

section 95(1) of the Land Transport Management Act 2003:

(b)

the notice dated 22 August 1993 and published in the Gazette on 2 September 1993 at page 2626)

Department of Corrections records
SubjectDescriptionAccess available to
Community-based sentences, sentences of home detention, and conditions of release

Particulars of persons—

(a)

released on probation or parole, or released on conditions under Part 6 of the Criminal Justice Act 1985, or sentenced to community service, periodic detention, supervision, or a community programme; or

(b)

released on parole, home detention, or compassionate release under subpart 2 of Part 1 of the Parole Act 2002 or sentenced to supervision, intensive supervision, community work, community detention, or home detention.

Police (access is limited to—

(a)

the person’s area of reporting:

(b)

in the case of a person released from a prison, the conditions of the person’s release (whether imposed on release or imposed or varied subsequently, and including any direction issued to that person by a probation officer)

Ministry of Justice

Extended supervision ordersDetails of extended supervision orders made under Part 1A of the Parole Act 2002Police (access is for the purpose of managing the conditions of the extended supervision order)
Records of prisonersParticulars of prisoners in a prison, including the date of release from the prison

Police (access is limited to the location and the date of release of the prisoner)

Ministry of Justice

Schedule 5: amended, on 30 December 2014, by section 30(2) of the Victims’ Orders Against Violent Offenders Act 2014 (2014 No 45).

Schedule 5: amended, on 12 December 2014, by section 30(2) of the Parole (Extended Supervision Orders) Amendment Act 2014 (2014 No 69).

Schedule 5: amended, on 12 December 2014, by section 30(3) of the Parole (Extended Supervision Orders) Amendment Act 2014 (2014 No 69).

Schedule 5: amended, on 12 December 2014, by section 30(4) of the Parole (Extended Supervision Orders) Amendment Act 2014 (2014 No 69).

Schedule 5: amended, on 12 December 2014, by section 30(5) of the Parole (Extended Supervision Orders) Amendment Act 2014 (2014 No 69).

Schedule 5: amended, on 12 December 2014, by section 143(2) of the Public Safety (Public Protection Orders) Act 2014 (2014 No 68).

Schedule 5: amended, on 12 December 2014, by section 143(3) of the Public Safety (Public Protection Orders) Act 2014 (2014 No 68).

Schedule 5: amended, on 12 December 2014, by section 143(4) of the Public Safety (Public Protection Orders) Act 2014 (2014 No 68).

Schedule 5: amended, on 16 December 2013, by section 22 of the WorkSafe New Zealand Act 2013 (2013 No 94).

Schedule 5: amended, on 1 November 2013, by section 5 of the Privacy Amendment Act 2011 (2011 No 44).

Schedule 5: amended, on 1 July 2013, by section 413 of the Criminal Procedure Act 2011 (2011 No 81).

Schedule 5: amended, on 13 June 2013, by section 72 of the Land Transport Management Amendment Act 2013 (2013 No 35).

Schedule 5: amended, on 1 August 2012, by section 94 of the Road User Charges Act 2012 (2012 No 1).

Schedule 5: amended, on 1 July 2011, by section 144 of the Legal Services Act 2011 (2011 No 4).

Schedule 5: amended, on 1 May 2011, by section 35(4) of the Land Transport Amendment Act 2009 (2009 No 17).

Schedule 5: amended, on 1 December 2009, by section 4 of the Privacy Amendment Act 2009 (2009 No 39).

Schedule 5: amended, on 1 August 2008, by section 50(1) of the Land Transport Management Amendment Act 2008 (2008 No 47).

Schedule 5: amended, on 1 October 2007, by section 58 of the Sentencing Amendment Act 2007 (2007 No 27).

Schedule 5: amended, on 1 October 2007, by section 95(6) of the Land Transport Amendment Act 2005 (2005 No 77).

Schedule 5: amended, on 20 September 2007, by section 4(1) of the Privacy Amendment Act 2007 (2007 No 73).

Schedule 5: amended, on 20 September 2007, by section 4(2)(a) of the Privacy Amendment Act 2007 (2007 No 73).

Schedule 5: amended, on 20 September 2007, by section 4(3) of the Privacy Amendment Act 2007 (2007 No 73).

Schedule 5: amended, on 20 September 2007, by section 4(4) of the Privacy Amendment Act 2007 (2007 No 73).

Schedule 5: amended, on 20 July 2005, by section 103(3) of the Railways Act 2005 (2005 No 37).

Schedule 5: amended, on 4 June 2005, by section 75(a) of the Prisoners’ and Victims’ Claims Act 2005 (2005 No 74).

Schedule 5: amended, on 4 June 2005, by section 75(b) of the Prisoners’ and Victims’ Claims Act 2005 (2005 No 74).

Schedule 5: amended, on 1 June 2005, by section 205(3) of the Corrections Act 2004 (2004 No 50).

Schedule 5: amended, on 1 June 2005, by section 206 of the Corrections Act 2004 (2004 No 50).

Schedule 5: amended, on 1 December 2004, by section 19(1) of the Land Transport Management Amendment Act 2004 (2004 No 97).

Schedule 5: amended, on 1 October 2003, by section 12(3) of the State Sector Amendment Act 2003 (2003 No 41).

Schedule 5: amended, on 19 December 2002, by section 4 of the Privacy Amendment Act 2002 (2002 No 73).

Schedule 5: amended, on 17 December 2002, by section 53 of the Victims’ Rights Act 2002 (2002 No 39).

Schedule 5: amended, on 30 June 2002, by section 186 of the Sentencing Act 2002 (2002 No 9).

Schedule 5: amended, on 1 February 2001, by section 128 of the Legal Services Act 2000 (2000 No 42).

Schedule 5: amended, on 1 January 2001, by section 74(2) of the Bail Act 2000 (2000 No 38).

Schedule 5: amended, on 1 March 1999, by section 215(1) of the Land Transport Act 1998 (1998 No 110).

Schedule 5: amended, on 3 June 1998, by section 2 of the Privacy Amendment Act 1998 (1998 No 57).