Citizenship Amendment Act 2005

13 New section inserted
  • The principal Act is amended by inserting, after section 26A, the following section:

    26B Access to information for citizenship purposes
    • (1) The Secretary and the chief executive of the Department of Labour (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 1987 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.