Births, Deaths, Marriages, and Relationships Registration Amendment Act 2008

23 New section 65 substituted
  • Section 65 is repealed and the following section substituted:

    65 Request for new identity information for certain witnesses, etc
    • (1) The following persons may make a written request to the Minister to create new identity information:

      • (a) the Minister of Police, for the purpose of protecting a person who—

        • (i) is, has been, or will be—

          • (A) a witness in any proceeding; or

          • (B) an undercover police officer:

        • (ii) needs protection because of his or her relationship to a person who is, has been, or will be a witness in any proceeding:

      • (b) the Minister in charge of the New Zealand Security Intelligence Service, for the purpose of protecting a person who is, has been, or will be—

        • (i) an officer or employee of the New Zealand Security Intelligence Service; or

        • (ii) approved by the Director of Security to undertake activities for the New Zealand Security Intelligence Service.

      (2) The Minister may then direct the Registrar-General, in writing, to create new identity information for the person if the Minister is satisfied that it is—

      • (a) in the interests of justice that new identity information be created as a result of a request under subsection (1)(a); or

      • (b) in the interests of security that new identity information be created as a result of a request under subsection (1)(b).

      (3) New identity information is created by the Registrar-General by omitting, amending, or inserting—

      • (a) birth information, death information, marriage information, civil union information, or name change information (including, if necessary, the creation of other identities to support the person's new identity information); and

      • (b) operational or administrative information as necessary, so that it supports the information described in paragraph (a).

      (4) The Registrar-General may omit, amend, or insert information in the birth information, death information, marriage information, civil union information, or name change information of a person for whom new identity information has been created if the Registrar-General receives notification that the new identity is no longer needed or has been compromised, from—

      • (a) the Commissioner of Police in relation to new identity information created as a result of a request under subsection (1)(a); or

      • (b) the Director of Security in relation to new identity information created as a result of a request under subsection (1)(b).

      (5) In this section,—

      employee and officer have the same meaning as in section 2 of the New Zealand Security Intelligence Service Act 1969

      undercover police officer means a person who is a member of the police or a corresponding overseas law enforcement agency and whose identity is concealed for the purpose of an undercover investigation approved by the Commissioner of Police.