Passports Amendment Act 2005

Passports Amendment Act 2005

Public Act2005 No 44
Date of assent20 April 2005

Contents


The Parliament of New Zealand enacts as follows:

1 Title
  • (1) This Act is the Passports Amendment Act 2005.

    (2) In this Act, the Passports Act 1992 is called the principal Act.

2 Commencement
  • This Act comes into force on the day after the date on which it receives the Royal assent.

3 Title amended
  • The Title of the principal Act is amended by omitting the words and emergency travel documents, and substituting the words emergency travel documents, and refugee travel documents.

4 Interpretation
  • (1) Section 2 of the principal Act is amended by repealing the definition of applicant, and substituting the following definition:

    applicant, in relation to an application for a New Zealand travel document, means the person who will be the holder of the document if the application is granted.

    (2) Section 2 of the principal Act is amended—

    • (a) by inserting in the definition of certificate of identity, after the words emergency travel document, the words or a refugee travel document:

    • (b) by inserting in the definition of emergency travel document, after the words certificate of identity, the words or a refugee travel document.

    (3) Section 2 of the principal Act is amended by repealing the definition of holder, and substituting the following definition:

    holder, in relation to a New Zealand travel document, means the person in whose name the document has been issued.

    (4) Section 2 of the principal Act is amended by inserting, after the definition of New Zealand passport, the following definition:

    New Zealand refugee travel document means a document (other than a passport, certificate of identity, or emergency travel document) issued by or on behalf of the Government of New Zealand to a refugee to facilitate international travel.

    (5) Section 2 of the principal Act is amended by omitting from the definition of New Zealand travel document the words or an emergency, and substituting the words an emergency travel document, or a New Zealand refugee.

    (6) Section 2 of the principal Act is amended by inserting, after the definition of passport, the following definition:

    refugee means a person who—

    • (a) has been—

      • (i) determined by a refugee status officer or the Refugee Status Appeals Authority to be a refugee in accordance with the Refugee Convention (as defined in section 2(1) of the Immigration Act 1987); or

      • (ii) granted a permit by the Minister of Immigration or an immigration officer under the Immigration Act 1987 on the basis that he or she was mandated as a refugee by the United Nations High Commissioner for Refugees; or

      • (iii) recognised, before 1 January 1991, as a refugee by the Interdepartmental Committee on Refugees; and

    • (b) continues to be recognised as a refugee in New Zealand.

5 Part 1 heading amended
  • The heading of Part 1 of the principal Act is amended by omitting the words PASSPORTS, CERTIFICATES OF IDENTITY, AND EMERGENCY TRAVEL DOCUMENTS, and substituting the words New Zealand travel documents.

6 Issue of passport
  • (1) Section 4(1) of the principal Act is amended by omitting the words subsections (3) and (4), and substituting the words this section and section 4A.

    (2) Section 4(3)(d) of the principal Act is amended—

    • (a) by omitting the words certificate of identity, and substituting the words travel document:

    • (b) by omitting the words section 20 or section 21, and substituting the words this Act.

    (3) Section 4(4) of the principal Act is amended by omitting the expression section 32A(1), and substituting the expression section 32A.

7 New section inserted
  • The principal Act is amended by inserting, after section 4, the following section:

    4A Refusal to issue passport on grounds of national security
    • (1) The Minister may refuse to issue a New Zealand passport to a person if the Minister believes on reasonable grounds that—

      • (a) the person is a danger to the security of New Zealand because the person intends to engage in, or facilitate,—

        • (i) a terrorist act within the meaning of section 5 of the Terrorism Suppression Act 2002; or

        • (ii) the proliferation of weapons of mass destruction; or

        • (iii) any unlawful activity designed or likely to cause devastating or serious economic damage to New Zealand, carried out for purposes of commercial or economic gain; and

      • (b) the danger to the security of New Zealand cannot be effectively averted by other means; and

      • (c) the refusal to issue a passport will prevent or effectively impede the ability of the person to carry out the intended action.

      (2) If the Minister refuses to issue a passport under this section,—

      • (a) the Minister must notify the person in writing of the refusal, and the reasons for it; and

      • (b) the person is not entitled to obtain a New Zealand passport during the 12-month period starting with the date of the notice, unless the Minister's decision under this section is revoked by the Minister or by a court.

      (3) The Minister may, at any time before the expiry of the 12-month period referred to in subsection (2)(b), apply to a Judge of the High Court for an order to extend for a further period not exceeding 12 months the period during which the person is not entitled to obtain a New Zealand passport.

      (4) The Judge must make the order applied for if satisfied that—

      • (a) the information presented in support of the application is credible, having regard to its source or sources; and

      • (b) the information reasonably supports a finding that paragraphs (a), (b), and (c) of subsection (1) still apply in relation to the person concerned.

8 Life of passport
  • Section 5 of the principal Act is amended by repealing subsection (1), and substituting the following subsections:

    • (1) Subject to subsections (1A) and (2), every New Zealand passport is valid for 5 years from the date of issue, unless sooner cancelled under this Act.

    • (1A) Despite subsection (1),—

      • (a) a New Zealand passport issued before the date of commencement of this section continues to be valid for the period for which it was issued, unless sooner cancelled under this Act:

      • (b) a New Zealand passport applied for before that commencement date must be issued in accordance with section 5(1) and (2) of the principal Act as in force before that date, and continues to be valid for the period for which it was issued unless sooner cancelled under this Act.

9 Renewal of passport
  • Section 6 of the principal Act is amended—

    • (a) by omitting from subsection (1) the expression 10 years, and substituting the words 5 years or more:

    • (b) by omitting from subsection (2) the expression 10 years at both places where it occurs, and substituting in each case the expression 5 years.

10 Endorsement of passport
  • Section 7 of the principal Act is repealed.

11 New section inserted
  • The principal Act is amended by inserting, after section 8, the following section:

    8A Cancellation of passport on grounds of national security
    • (1) The Minister may, by notice in writing, recall any New Zealand passport, and cancel it or retain possession of it, if the Minister believes on reasonable grounds that—

      • (a) the person is a danger to the security of New Zealand because the person intends to engage in, or facilitate,—

        • (i) a terrorist act within the meaning of section 5 of the Terrorism Suppression Act 2002; or

        • (ii) the proliferation of weapons of mass destruction; or

        • (iii) any unlawful activity designed or likely to cause devastating or serious economic damage to New Zealand, carried out for purposes of commercial or economic gain; and

      • (b) the danger to the security of New Zealand cannot be effectively averted by other means; and

      • (c) the cancellation of the passport, or its retention by the Minister, will prevent or effectively impede the ability of the person to carry out the intended action.

      (2) If the Minister cancels or retains possession of a passport under this section,—

      • (a) the Minister must notify the person in writing of the cancellation or retention, and the reasons for it; and

      • (b) the person is not entitled to obtain that passport or another New Zealand passport during the 12-month period starting with the date of the notice, unless the Minister's decision under this section is revoked by the Minister or by a court.

      (3) The Minister may, at any time before the expiry of the 12-month period referred to in subsection (2)(b), apply to a Judge of the High Court for an order to extend for a further period not exceeding 12 months the period during which the person is not entitled to obtain the passport or another New Zealand passport.

      (4) The Judge must make the order applied for if satisfied that—

      • (a) the information presented in support of the application is credible, having regard to its source or sources; and

      • (b) the information reasonably supports a finding that paragraphs (a), (b), and (c) of subsection (1) still apply in relation to the person concerned.

12 Cancellation of passport on other grounds
  • Section 9(1)(d) of the principal Act is amended by omitting the words and, in the opinion of the Minister, it would not be appropriate to correct them by way of endorsement in accordance with section 7 of this Act.

13 Cancellation of passport pursuant to court order
  • Section 9A of the principal Act is amended by omitting the expression 32A(1), and substituting the expression 32A.

14 Endorsement of certificate of identity
  • Section 19 of the principal Act is repealed.

15 New section inserted
  • The principal Act is amended by inserting, after section 20, the following section:

    20A Cancellation of certificate of identity on grounds of national security
    • (1) The Minister may, by notice in writing, recall any certificate of identity issued to any person by or on behalf of the New Zealand Government, and cancel it or retain possession of it, if the Minister believes on reasonable grounds that—

      • (a) the person is a danger to the security of New Zealand because the person intends to engage in, or facilitate,—

        • (i) a terrorist act within the meaning of section 5 of the Terrorism Suppression Act 2002; or

        • (ii) the proliferation of weapons of mass destruction; or

        • (iii) any unlawful activity designed or likely to cause devastating or serious economic damage to New Zealand, carried out for purposes of commercial or economic gain; and

      • (b) the danger to the security of New Zealand cannot be effectively averted by other means; and

      • (c) the cancellation of the certificate of identity, or its retention by the Minister, will prevent or effectively impede the ability of the person to carry out the intended action.

      (2) If the Minister cancels or retains possession of a certificate of identity under this section,—

      • (a) the Minister must notify the person in writing of the cancellation or retention, and the reasons for it; and

      • (b) the person is not entitled to obtain that certificate of identity or another New Zealand travel document during the 12-month period starting with the date of the notice, unless the Minister's decision under this section is revoked by the Minister or by a court.

      (3) The Minister may, at any time before the expiry of the 12-month period referred to in subsection (2)(b), apply to a Judge of the High Court for an order to extend for a further period not exceeding 12 months the period during which the person is not entitled to obtain the certificate of identity or another New Zealand travel document.

      (4) The Judge must make the order applied for if satisfied that—

      • (a) the information presented in support of the application is credible, having regard to its source or sources; and

      • (b) the information reasonably supports a finding that paragraphs (a), (b), and (c) of subsection (1) still apply in relation to the person concerned.

16 Delivery of recalled certificate of identity
  • Section 22(1) of the principal Act is amended by inserting, after the expression section 20, the words or section 20A.

17 Issue of emergency travel document
  • (1) Section 23(1)(b) of the principal Act is amended by inserting, after subparagraph (i), the following subparagraph:

    • (ia) the person does not hold a valid travel document; or.

    (2) Section 23 of the principal Act is amended by adding the following subsection:

    • (3) The Minister must issue a journey-specific emergency travel document to a person outside New Zealand if—

      • (a) the person has been refused a passport under section 4A, or has had his or her passport or emergency travel document cancelled under section 8A or section 25A; and

      • (b) the journey-specific emergency travel document is necessary to enable the person to return or come to New Zealand; and

      • (c) the person applies in that behalf to the Minister in the form provided by the Secretary.

18 New section substituted
  • The principal Act is amended by repealing section 24, and substituting the following section:

    24 Life of emergency travel document
    • An emergency travel document is valid for—

      • (a) such time as, in the opinion of the Minister, will be sufficient to enable the person to leave and return to New Zealand, or to return to New Zealand, or to complete a specified journey, as the case may require; or

      • (b) such other period as the Minister from time to time determines.

19 New section inserted
  • The principal Act is amended by inserting, after section 25, the following section:

    25A Cancellation of emergency travel document on grounds of national security
    • (1) The Minister may, by notice in writing, recall any emergency travel document (other than a journey-specific emergency travel document issued under section 23(3)), and cancel it or retain possession of it, if the Minister believes on reasonable grounds that—

      • (a) the person is a danger to the security of New Zealand because the person intends to engage in, or facilitate,—

        • (i) a terrorist act within the meaning of section 5 of the Terrorism Suppression Act 2002; or

        • (ii) the proliferation of weapons of mass destruction; or

        • (iii) any unlawful activity designed or likely to cause devastating or serious economic damage to New Zealand, carried out for purposes of commercial or economic gain; and

      • (b) the danger to the security of New Zealand cannot be effectively averted by other means; and

      • (c) the cancellation of the emergency travel document, or its retention by the Minister, will prevent or effectively impede the ability of the person to carry out the intended action.

      (2) If the Minister cancels or retains possession of an emergency travel document under this section,—

      • (a) the Minister must notify the person in writing of the cancellation or retention, and the reasons for it; and

      • (b) the person is not entitled to obtain that emergency travel document or another New Zealand travel document (other than a journey-specific emergency travel document issued under section 23(3)) during the 12-month period starting with the date of the notice, unless the Minister's decision under this section is revoked by the Minister or by a court.

      (3) The Minister may, at any time before the expiry of the 12-month period referred to in subsection (2)(b), apply to a Judge of the High Court for an order to extend for a further period not exceeding 12 months the period during which the person is not entitled to obtain the emergency travel document or another New Zealand travel document.

      (4) The Judge must make the order applied for if satisfied that—

      • (a) the information presented in support of the application is credible, having regard to its source or sources; and

      • (b) the information reasonably supports a finding that paragraphs (a), (b), and (c) of subsection (1) still apply in relation to the person concerned.

20 Delivery of recalled emergency travel document
  • Section 27(1) of the principal Act is amended by inserting, after the expression section 25, the words or section 25A.

21 New heading and sections inserted
  • The principal Act is amended by inserting, after section 27, the following heading and sections:

    Issue, life, and cancellation of refugee travel documents

    27A Issue of refugee travel document
    • (1) Subject to this section and section 27B, the Minister must issue a New Zealand refugee travel document to a refugee living in New Zealand who applies in that behalf in the form provided by the Secretary.

      (2) The Minister may refuse to issue a New Zealand refugee travel document to an applicant if—

      • (a) the applicant is a New Zealand citizen; or

      • (b) the applicant already has a valid New Zealand refugee travel document; or

      • (c) there is in force a warrant issued in New Zealand for the applicant's arrest; or

      • (d) the applicant is—

        • (i) on bail; or

        • (ii) subject to a community-based sentence under the Sentencing Act 2002; or

        • (iii) released under subpart 2 of Part 1 of the Parole Act 2002; or

      • (e) the applicant is subject to—

        • (i) an order made by a New Zealand court that requires the applicant to remain in New Zealand, or the effect of which requires the applicant to remain in New Zealand; or

        • (ii) a sentence imposed by a New Zealand court, the effect of which requires the applicant to remain in New Zealand.

    27B Refusal to issue refugee travel document on grounds of national security
    • (1) The Minister may refuse to issue a New Zealand refugee travel document to a person if the Minister believes on reasonable grounds that—

      • (a) the person is a danger to the security of New Zealand because the person intends to engage in, or facilitate,—

        • (i) a terrorist act within the meaning of section 5 of the Terrorism Suppression Act 2002; or

        • (ii) the proliferation of weapons of mass destruction; or

        • (iii) any unlawful activity designed or likely to cause devastating or serious economic damage to New Zealand, carried out for purposes of commercial or economic gain; and

      • (b) the danger to the security of New Zealand cannot be effectively averted by other means; and

      • (c) the refusal to issue a refugee travel document will prevent or effectively impede the ability of the person to carry out the intended action.

      (2) If the Minister refuses to issue a refugee travel document under this section,—

      • (a) the Minister must notify the person in writing of the refusal, and the reasons for it; and

      • (b) the person is not entitled to obtain a New Zealand refugee travel document during the 12-month period starting with the date of the notice, unless the Minister's decision under this section is revoked by the Minister or by a court.

      (3) The Minister may, at any time before the expiry of the 12-month period referred to in subsection (2)(b), apply to a Judge of the High Court for an order to extend for a further period not exceeding 12 months the period during which the person is not entitled to obtain a New Zealand refugee travel document.

      (4) The Judge must make the order applied for if satisfied that—

      • (a) the information presented in support of the application is credible, having regard to its source or sources; and

      • (b) the information reasonably supports a finding that paragraphs (a), (b) and (c) of subsection (1) still apply in relation to the person concerned.

    27C Life of refugee travel document
    • (1) A New Zealand refugee travel document is valid for 2 years, unless sooner cancelled under this Act.

      (2) A New Zealand refugee travel document may on application be renewed, once only, for a further period not exceeding 2 years.

    27D Cancellation of refugee travel document
    • (1) The Minister may, by notice in writing, recall any New Zealand refugee travel document, and cancel it or retain possession of it, where—

      • (a) the Minister issues to the holder another refugee travel document in substitution for the first one; or

      • (b) the document has expired and is incapable of being renewed; or

      • (c) the document has been so damaged or defaced as to render it, in the opinion of the Minister, unsuitable for use; or

      • (d) there is reasonable cause to believe that any particulars recorded in it are incorrect; or

      • (e) there is reasonable cause to believe that the document has been obtained by means of a false representation or a statement that is false in a material particular; or

      • (f) two or more valid New Zealand refugee travel documents are in existence in respect of the holder and there is no longer any sufficient reason why that should continue to be the case; or

      • (g) a New Zealand passport has been issued to the person; or

      • (h) the holder is no longer recognised as being a refugee; or

      • (i) the document was issued to the holder in the mistaken belief that the holder was, at the time of issue, a refugee.

      (2) Subject to section 27A, where the Minister retains or cancels a refugee travel document under any of paragraphs (b) to (e) of subsection (1), the Minister may, on the application of the document's holder, issue another refugee travel document to replace that document.

    27E Cancellation of refugee travel document on grounds of national security
    • (1) The Minister may, by notice in writing, recall any New Zealand refugee travel document, and cancel it or retain possession of it, if the Minister believes on reasonable grounds that—

      • (a) the person is a danger to the security of New Zealand because the person intends to engage in, or facilitate,—

        • (i) a terrorist act within the meaning of section 5 of the Terrorism Suppression Act 2002; or

        • (ii) the proliferation of weapons of mass destruction; or

        • (iii) any unlawful activity designed or likely to cause devastating or serious economic damage to New Zealand, carried out for purposes of commercial or economic gain; and

      • (b) the danger to the security of New Zealand cannot be effectively averted by other means; and

      • (c) the cancellation of the refugee travel document, or its retention by the Minister, will prevent or effectively impede the ability of the person to carry out the intended action.

      (2) If the Minister cancels or retains possession of a refugee travel document under this section,—

      • (a) the Minister must notify the person in writing of the cancellation or retention, and the reasons for it; and

      • (b) the person is not entitled to obtain that refugee travel document or another New Zealand refugee travel document during the 12-month period starting with the date of the notice, unless the Minister's decision under this section is revoked by the Minister or by a court.

      (3) The Minister may, at any time before the expiry of the 12-month period referred to in subsection (2)(b), apply to a Judge of the High Court for an order to extend for a further period not exceeding 12 months the period during which the person is not entitled to obtain the refugee travel document or another New Zealand refugee travel document.

      (4) The Judge must make the order applied for if satisfied that—

      • (a) the information presented in support of the application is credible, having regard to its source or sources; and

      • (b) the information reasonably supports a finding that paragraphs (a), (b), and (c) of subsection (1) still apply in relation to the person concerned.

      (5) Nothing in this section authorises the Minister to cancel a New Zealand refugee travel document at a time when its holder is outside New Zealand.

    27F Retention of refugee travel document by Minister on other grounds
    • (1) The Minister may, by notice in writing, recall any New Zealand refugee travel document, and retain possession of it,—

      • (a) if there is in force a warrant issued in New Zealand for the arrest of the holder:

      • (b) if there is reasonable cause to believe—

        • (i) that the refugee travel document is in the wrongful possession of any person other than the holder; or

        • (ii) that the refugee travel document is in the possession of a person who is not the holder, as security, pledge, or deposit or other encumbrance entered into in contravention of section 33(3).

      (2) Where the Minister has recalled a refugee travel document under subsection (1)(a), the Minister must return that document to the holder as soon as practicable after the warrant is executed or withdrawn.

      (3) Where the Minister has recalled a refugee travel document under subsection (1)(b), the Minister must, unless the holder has been issued with a new document, forthwith return that document to the holder.

    27G Delivery of recalled refugee travel document
    • (1) Where the Minister recalls any refugee travel document under section 27D or section 27E or section 27F, the holder or other person who has the document in his or her possession or under his or her control must, on demand by an officer, deliver the document to the officer.

      (2) Every person commits an offence against this Act who knowingly fails without reasonable excuse to comply with subsection (1).

22 Appeal to High Court
  • (1) Section 28 of the principal Act is amended by repealing subsection (1), and substituting the following subsection:

    • (1) Every person who, being—

      • (a) the applicant for the issue or renewal of a New Zealand travel document; or

      • (b) the holder of a New Zealand travel document,—

      is dissatisfied with any decision of the Minister made in relation to the application or document under Part 1 may appeal to the High Court against that decision.

    (2) Section 28(5) of the principal Act is amended by omitting the words the foregoing provisions of.

    (3) Section 28 of the principal Act is amended by inserting, after subsection (5), the following subsection:

    • (5A) This section is subject to sections 29AA to 29AC in the case of an appeal against a decision of the Minister to refuse to issue a New Zealand travel document, or to cancel or retain a New Zealand travel document, on grounds of national security.

23 Appeal to Court of Appeal in certain cases
  • (1) Section 29 of the principal Act is amended by inserting, after subsection (1), the following subsection:

    • (1A) Any party who is dissatisfied with any decision of the High Court to issue an order extending the period for which a person is not entitled to obtain a New Zealand travel document under any of sections 4A(4), 8A(4), 20A(4), 25A(4), 27B(4), and 27E(4) may, with the leave of the Court, or, if the Court refuses leave, with the leave of the Court of Appeal, appeal to the Court of Appeal.

    (2) Section 29(3) of the principal Act is amended by omitting the words the foregoing provisions of.

    (3) Section 29 of the principal Act is amended by inserting, after subsection (3), the following subsection:

    • (3A) This section is subject to sections 29AA to 29AC in the case of an appeal relating to—

      • (a) a decision of the Minister to refuse to issue a New Zealand travel document, or to cancel or retain a New Zealand travel document, on grounds of national security; or

      • (b) a decision of the High Court to issue an order extending the period for which a person is not entitled to obtain a New Zealand travel document under any of sections 4A(4), 8A(4), 20A(4), 25A(4), 27B(4), and 27E(4).

24 New heading and sections inserted
  • The principal Act is amended by inserting, after section 29, the following heading and sections:

    Special provision for proceedings where national security involved

    29AA Proceedings where national security involved
    • (1) This section applies to the following proceedings:

      • (a) any application to the High Court by the Minister under section 4A(3), section 8A(3), section 20A(3), section 25A(3), section 27B(3), or section 27E(3) for an order extending the period during which a person is not entitled to obtain a New Zealand travel document, and any appeal under section 29(1A) against such an order:

      • (b) any appeal under section 28 or section 29 relating to a decision of the Minister under any of sections 4A, 8A, 20A, 25A, 27B, and 27E to refuse to issue a New Zealand passport or refugee travel document, or to cancel or retain a New Zealand travel document:

      • (c) any appeal under section 28 or section 29 relating to a decision of the Minister to refuse to issue a certificate of identity under section 16 or an emergency travel document under section 23, where the Minister certifies that the refusal was based on a belief on reasonable grounds that—

        • (i) the person was a danger to the security of New Zealand because the person intended to engage in or facilitate an action or matter of a kind described in section 4A(1)(a); and

        • (ii) the danger to the security of New Zealand could not be effectively averted by other means; and

        • (iii) the refusal to issue the certificate of identity or emergency travel document would prevent or effectively impede the ability of the person to carry out the intended action.

      (2) In hearing an appeal to which this section applies, the Court must determine whether—

      • (a) the information that led to the decision is credible, having regard to its source or sources; and

      • (b) the information reasonably supports a finding that—

        • (i) the person concerned is a danger to the security of New Zealand because the person intends to engage in, or facilitate, an action or matter of a kind referred to in sections 4A(1)(a), 8A(1)(a), 20A(1)(a), 25A(1)(a), 27B(1)(a), and 27E(1)(a); and

        • (ii) the refusal to issue the New Zealand travel document concerned, or to cancel or retain the New Zealand travel document, will prevent or effectively impede the ability of the person to carry out or facilitate the action or matter concerned; and

        • (iii) the danger to the security of New Zealand cannot be effectively averted by other means.

      (3) Where the appeal relates to a matter within the discretion of the Minister, the Court may substitute its own discretion for that of the Minister.

      (4) If information presented or proposed to be presented in proceedings to which this section applies includes classified security information, then section 29AB applies.

      (5) In this section and sections 29AB and 29AC, classified security information means information—

      • (a) relevant to whether there are or may be grounds for believing that—

        • (i) the person concerned is a danger to the security of New Zealand because the person intends to engage in or facilitate, an action or matter of a kind referred to in sections 4A(1)(a), 8A(1)(a), 20A(1)(a), 25A(1)(a), 27B(1)(a), and 27E(1)(a); or

        • (ii) a refusal to issue the New Zealand travel document concerned, or to cancel or retain the New Zealand travel document concerned, will prevent or effectively impede the ability of the person to carry out or facilitate the action or matter concerned; or

        • (iii) the danger to the security of New Zealand cannot be effectively averted by other means; and

      • (b) held by an intelligence and security agency (as defined in section 4(1) of the Terrorism Suppression Act 2002) or by the New Zealand Police; and

      • (c) that the head of the specified agency, or the New Zealand Police, certifies in writing cannot be disclosed except to the extent provided in section 29AB because, in the opinion of the head of the specified agency,—

        • (i) the information is information of a kind specified in subsection (6); and

        • (ii) disclosure of the information would be disclosure of a kind specified in subsection (7).

      (6) Information falls within subsection (5)(c)(i) if it—

      • (a) might lead to the identification of, or provide details of, the source of the information, the nature, content, or scope of the information, or the nature or type of the assistance or operational methods available to the agency or the police; or

      • (b) is about particular operations that have been undertaken, or are being or are proposed to be undertaken, in pursuance of any of the functions of the agency or the police; or

      • (c) has been provided to the agency or the police by the government of another country or by an agency of a government of another country or by an international organisation, and is information that cannot be disclosed by the agency or the police because the government or agency or organisation by which the information has been provided will not consent to the disclosure.

      (7) Disclosure of information falls within subsection (5)(c)(ii) if the disclosure would be likely—

      • (a) to prejudice the security or defence of New Zealand or the international relations of the Government of New Zealand; or

      • (b) to prejudice the entrusting of information to the Government of New Zealand on a basis of confidence by the government of another country or any agency of such a government, or by any international organisation; or

      • (c) to prejudice the maintenance of the law, including the prevention, investigation, and detection of offences, and the right to a fair trial; or

      • (d) to endanger the safety of any person.

      Compare: 2002 No 34 s 32

    29AB Proceedings involving classified security information
    • (1) If information presented or proposed to be presented by the Crown in any proceedings to which section 29AA applies includes classified security information, the Court must, on a request for the purpose by the Attorney-General and if satisfied that it is desirable to do so for the protection of (either all or part of) the classified security information, receive or hear (the part or all of) the classified security information in the absence of—

      • (a) the person in respect of whom the decision concerned was made; and

      • (b) all barristers or solicitors (if any) representing that person; and

      • (c) members of the public.

      (2) Without limiting subsection (1),—

      • (a) the Court must approve a summary of the information of the kind referred to in section 29AA(5) that is presented by the Attorney-General except to the extent that a summary of any particular part of the information would itself involve disclosure that would be likely to prejudice the interests referred to in section 29AA(6) or (7); and

      • (b) on being approved by the Court (with or without amendments directed by the Court in accordance with paragraph (a)), a copy of the statement must be given to the person concerned.

      (3) The Court—

      • (a) may give any directions and make any orders that the Court thinks appropriate in the circumstances of the case:

      • (b) must determine the application or appeal on the basis of information available to the Court, whether or not that information has been disclosed to or responded to by all parties to the proceedings.

      (4) Nothing in this section limits section 27 of the Crown Proceedings Act 1950 or any rule of law that authorises or requires the withholding of a document or the refusal to answer a question on the ground that the disclosure of the document or the answering of the question would be injurious to the public interest.

      (5) This section applies despite any enactment or rule of law to the contrary.

    29AC Ancillary general practices and procedures to protect classified security information
    • (1) Any general practices and procedures that may be necessary to implement the procedures specified in section 29AB and to ensure that classified security information is protected in all proceedings to which that section relates must be agreed between the Chief Justice and the Attorney-General as soon as practicable after the commencement of this section, and revised from time to time.

      (2) Without limiting the generality of subsection (1), general practices and procedures may be agreed under that subsection on the following matters:

      • (a) measures relating to the physical protection of the information during all proceedings to which section 29AB relates:

      • (b) the manner in which the information may be provided to the Court:

      • (c) measures to preserve the integrity of the information until any appeals are withdrawn or finally determined.

25 Forged and false New Zealand travel documents
  • Section 29A(2) of the principal Act is amended by omitting from the definition of forges and forged the expression section 264, and substituting the expression section 256.

26 Other offences
  • Section 31 of the principal Act is amended by omitting from subsections (1)(a), (b), (c), and (d), and (2) the words passport, certificate of identity, or emergency travel document, and substituting in each case the words travel document.

27 Court may forbid issue of passport
  • Section 32A of the principal Act is amended by repealing subsection (2), and substituting the following subsections:

    • (2) When sentencing a person in respect of a terrorism-related offence, a court may, in addition to any other sentence or order imposed or made, make an order that—

      • (a) a New Zealand passport must not be issued to the person for a specified period not exceeding 15 years; and

      • (b) any New Zealand passport issued to the person must be cancelled.

    • (3) In this section, terrorism-related offence means—

      • (a) an offence under any of the following enactments:

        • (i) the Aviation Crimes Act 1972:

        • (ii) the Crimes (Internationally Protected Persons, United Nations and Associated Personnel, and Hostages) Act 1980:

        • (iii) the Maritime Crimes Act 1999:

        • (iv) the Terrorism Suppression Act 2002:

      • (b) an offence where terrorism (whether described in similar terms as, or by reference to, the definition of terrorist act in section 5 of the Terrorism Suppression Act 2002) is an aggravating factor.

    • (4) An order under subsection (1) or subsection (2) expires at the end of the relevant specified period after the date of the person's conviction of the offence.

28 Passports, etc, are property of New Zealand Government
  • Section 33 of the principal Act is amended—

    • (a) by omitting from subsection (1) the words passports and certificates of identity and emergency:

    • (b) by omitting from subsection (2) the words passport or certificate of identity or emergency where they twice occur, and substituting in each case the words New Zealand:

    • (c) by omitting from subsection (3) the words passport or certificate of identity or emergency.

29 New section substituted
  • (1) The principal Act is amended by repealing sections 35 and 36, and substituting the following section:

    36 Disclosure of travel document and related information
    • (1) The Secretary may, for the purpose of aiding border security, facilitating the processing of passengers, verifying the identity of a holder of a travel document, or determining whether a person is a New Zealand citizen, disclose New Zealand travel document information of a kind referred to in section 37 to any appropriate agency, body, or person (the other party).

      (2) The disclosure of the information must be in accordance with an agreement in writing between the Secretary and the other party that states—

      • (a) the purpose of the agreement; and

      • (b) the information that can be disclosed; and

      • (c) the method and form of the disclosure; and

      • (d) the use the other party will make of the information; and

      • (e) the conditions under which the other party may disclose the information.

      (3) An agreement entered into under subsection (2) may be varied by the Secretary and the other party.

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

      (5) The Privacy Commissioner may require the Secretary and the other party 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.

    (2) An agreement entered into under section 35 or section 36 of the principal Act that was in existence immediately before the commencement of this Act—

    • (a) is deemed to be an agreement with an appropriate agency entered into, after consultation with the Privacy Commissioner, under section 36 of the principal Act as substituted by this section; and

    • (b) is deemed to apply to information of the kind described in section 37(1)(p).

30 Information that may be disclosed
  • (1) Section 37(1) of the principal Act is amended by omitting the words section 35 and section 36 of this Act and substituting the words section 36 in relation to a New Zealand travel document.

    (2) Section 37(1) of the principal Act is amended by adding the following paragraph:

    • (p) any other information relating to a New Zealand travel document that may be used—

      • (i) to verify the identity of the document's holder; or

      • (ii) to determine whether a person is a New Zealand citizen by birth; or

      • (iii) for the purpose of border security; or

      • (iv) to assist in the processing of passengers.

    (3) Section 37 of the principal Act is amended by repealing subsection (2), and substituting the following subsection:

    • (2) Every application form for a New Zealand travel document that is printed after the date of commencement of the Passports Amendment Act 2005 must include a statement that the information may be so disclosed.

    (4) Section 37(3) of the principal Act is amended by omitting the words section 35 or.

31 Penalties
  • Section 38 of the principal Act is amended by adding the following subsection:

    • (3) Subsection (2) does not limit the time for laying an information for an offence for which a defendant may be proceeded against by indictment.

32 Regulations
  • Section 40(a) of the principal Act is amended—

    • (a) by omitting from subparagraph (i) the words and emergency travel documents, and substituting the words emergency travel documents, and refugee travel documents:

    • (b) by omitting from subparagraph (ii) the words or endorsement.


Legislative history

12 April 2005Divided from Identity (Citizenship and Travel Documents) Bill (Bill 148-2), third reading