The Parliament of New Zealand enacts as follows:
This Act is the Child Protection (Child Sex Offender Government Agency Registration) Amendment Act 2021.
This Act comes into force on the day after the date on which it receives the Royal assent.
This Act amends the Child Protection (Child Sex Offender Government Agency Registration) Act 2016.
Repeal section 9(1A).
(1)
In Schedule 1, before clause 1, insert:
(2)
In Schedule 1, before clause 1(1), insert:
(3)
In Schedule 1, before clause 1(2), insert:
(4)
In Schedule 1, before clause 1(3), insert:
(5)
In Schedule 1, before clause 1(4), insert:
(6)
In Schedule 1, before clause 2, insert:
(7)
In Schedule 1, after clause 4, insert:
This clause applies to a person who—
committed before 14 October 2016 a qualifying offence; and
was convicted on or after 14 October 2016 of the qualifying offence; and
on or after 14 October 2016, in respect of that conviction,—
was or is sentenced to imprisonment; or
was or is sentenced to a non-custodial sentence, and was or is made subject to a registration order.
committed before 14 October 2016 a corresponding offence in a foreign jurisdiction; and
was convicted on or after 14 October 2016 of the corresponding offence in a foreign jurisdiction; and
as a consequence of that conviction, on or after 14 October 2016,—
was or is required to report in that jurisdiction information about himself or herself to a person or body performing functions substantially similar to those of the Commissioner under this Act, and to keep that information current for a particular period (and would, if the person were currently in that jurisdiction, still be required to report that information); or
was or is deported from that jurisdiction.
A person to whom this clause applies must be taken to have been, or to be,—
a registrable offender for the purposes of section 7(1) and this schedule (if subclause (1) applies); and
a corresponding registrable offender for the purposes of section 8 and a registrable offender for the purposes of section 7(2) and this schedule (if subclause (2) applies); and
subject to all other provisions of this Act with any necessary modifications.
This clause makes valid, from when it occurred, a registration—
under section 7(1)(a) or (2); and
that occurred on or after 14 October 2016 and before the commencement of the Child Protection (Child Sex Offender Government Agency Registration) Amendment Act 2021; and
that occurred in respect of a person and a conviction specified in clause 5(1) or (2); and
that is invalid, but would be valid if clause 5 were in force when the registration occurred; and
even if the registration is in any way undone or deprived of effect by the Commissioner or a court before that commencement on the ground only that a person to whom clause 5 applies was not a registrable offender.
This clause makes valid, from when it was made, a registration order—
made by a court under sections 7(1)(b) and 9; and
made on or after 14 October 2016 and before the commencement of the Child Protection (Child Sex Offender Government Agency Registration) Amendment Act 2021; and
made in respect of a person and a conviction specified in clause 5(1) or (2); and
that is invalid, but would be valid if clause 5 were in force when the order was made; and
even if the order is in any way undone or deprived of effect by a court before that commencement on the ground only that a person to whom clause 5 applies was not a registrable offender.
This clause applies in respect of a person who—
in respect of that conviction, was sentenced to a non-custodial sentence (for example, in substitution for a custodial sentence), but was not made subject to a registration order (whether or not one was applied for),—
after judgment was delivered, on 9 February 2021, in D (SC 31/2019) v New Zealand Police [2021] NZSC 2; and
before the commencement of the Child Protection (Child Sex Offender Government Agency Registration) Amendment Act 2021.
Despite section 9(4), the prosecutor may, in respect of a person described in subclause (1), apply to the court that imposed the sentence for a registration order (which may be made because clause 5 and this clause apply to the person).
However, subclause (2) does not apply if, at the time of sentencing, the court declined to make a registration order because it was not satisfied that the person posed a risk to the lives or sexual safety of 1 or more children, or of children generally.
Section 9 applies, with any necessary modifications, to an application made under this clause.
Clauses 5 to 7 are subject to clause 10.
Clauses 5 to 8 are subject to clause 11.
Despite clauses 5 to 7, a person to whom clause 5 applies has, under clauses 5 to 7, no obligations of a registrable offender—
This clause does not alter or affect a registrable offender’s length of reporting period or period on the register.
Clauses 5 to 8 do not—
apply to the particular appellant in D (SC 31/2019) v New Zealand Police [2021] NZSC 2; or
affect that judgment as it relates to that appellant.
The following clauses had effect, and have effect, despite any other law if, or to the extent that, the other law is inconsistent with them:
clause 1 as inserted on 8 March 2017 with effect on and after 14 October 2016:
clauses 5 to 8.
In particular, any other law, for the purposes of subclause (1), includes any law in all or any of the following:
section 6(1) and (2) of the Sentencing Act 2002:
sections 25(g) and 26(2) of the New Zealand Bill of Rights Act 1990:
D (SC 31/2019) v New Zealand Police [2021] NZSC 2.
17 March 2021
Introduction (Bill 16–1), first reading, second reading, committee of the whole House, third reading
22 March 2021
Royal assent
This Act is administered by the New Zealand Police.