Child Protection (Child Sex Offender Government Agency Registration) Amendment Act 2026
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Child Protection (Child Sex Offender Government Agency Registration) Amendment Act 2026
Public Act |
2026 No 1 |
|
Date of assent |
1 February 2026 |
|
Commencement |
see section 2 |
Contents
The Parliament of New Zealand enacts as follows:
1 Title
This Act is the Child Protection (Child Sex Offender Government Agency Registration) Amendment Act 2026.
2 Commencement
This Act comes into force on 1 May 2026.
Section 2: editorial change made by the PCO, on 4 March 2026, under sections 86(1) and 87(m) and (q) of the Legislation Act 2019 (2019 No 58).
3 Principal Act
This Act amends the Child Protection (Child Sex Offender Government Agency Registration) Act 2016.
Part 1 Amendments to Parts 1 and 2
Subpart 1—Amendments to Part 1 (preliminary matters)
4 Section 3 amended (Purpose)
Replace section 3(a) with:
(a)
providing government agencies with the information needed to monitor, and manage the risk posed by, child sex offenders in the community, including after the completion of their sentence; and
5 Section 4 amended (Interpretation)
(1)
In section 4, insert in their appropriate alphabetical order:
certificate of identity has the meaning given in section 4 of the Immigration Act 2009
New Zealand refugee travel document has the meaning given in section 2 of the Passports Act 1992
place of residence means, in relation to a registrable offender, the place where a registrable offender makes their home because of family or personal relations, or for other domestic or personal reasons
register information—
(a)
means all the information contained in the register; but
(b)
in relation to a registrable offender, means the information contained in the register that relates to that registrable offender
regulations means regulations made under section 55
residence class visa has the meaning given in section 4 of the Immigration Act 2009
(2)
In section 4, definition of authorised person, replace “section 11(3)”
with “section 51(3)”
.
(3)
In section 4, definition of corresponding Act, replace paragraph (b) with:
(b)
that is prescribed by regulations to be a corresponding Act for the purposes of this Act
(4)
In section 4, repeal the definition of registered residential address.
(5)
In section 4, replace the definition of relevant personal information with:
relevant personal information, in relation to a registrable offender, means the information specified in section 16(1)
(6)
In section 4, replace the definition of specified agency with:
specified agency or officer, for the purposes of section 43, means—
(a)
the Police:
(b)
the Department of Corrections:
(c)
the Department of Internal Affairs:
(d)
Kāinga Ora–Homes and Communities established by the Kāinga Ora–Homes and Communities Act 2019:
(e)
the Ministry of Social Development:
(f)
the New Zealand Customs Service:
(g)
Oranga Tamariki—Ministry for Children:
(h)
the Registrar-General appointed under section 124(1) of the Births, Deaths, Marriages, and Relationships Registration Act 2021:
(i)
any public sector agency or officer identified as a specified agency or officer by notice made under section 55A
6 Section 7 replaced (Who is a registrable offender?)
Replace section 7 with:
7 Who is a registrable offender?
(1)
In this Act, registrable offender means—
(a)
a person whom a court has, in respect of a conviction for a qualifying offence,—
(i)
sentenced to imprisonment; or
(ii)
sentenced to a non-custodial sentence and made subject to a registration order; or
(b)
a corresponding registrable offender who—
(i)
resides in New Zealand; or
(ii)
holds or has applied for a residence class visa and has been granted entry permission to New Zealand.
(2)
However, a person is not a registrable offender if, at the time the person committed the qualifying offence, the person was under the age of 18 years.
(3)
A person ceases to be a registrable offender if, in respect of each qualifying offence that makes the person a registrable offender for the purposes of this Act,—
(a)
the conviction in respect of each of those qualifying offences is quashed or set aside by a court; or
(b)
the sentence in respect of each of those qualifying offences is reduced or altered so that the person would not have fallen within the definition of registrable offender in subsection (1) had the amended sentence been the original sentence; or
(c)
the registration order in respect of each of those qualifying offences is set aside by a court.
(4)
For the purposes of this section, it is irrelevant whether a person may lodge, or has lodged, an appeal in respect of a conviction or in respect of a sentence or order.
Subpart 2—Amendments to subpart 1 of Part 2 (establishment and administration of register)
7 Subpart 1 heading in Part 2 replaced
8 Section 10 amended (Child Sex Offender Register established)
After section 10(2), insert:
(3)
The register may, in relation to each registrable offender, contain any other information held by the Police that relates to monitoring, or managing the risk posed by, the registrable offender.
9 Section 11 repealed (Administration of register)
Repeal section 11.
Subpart 3—Amendments to subpart 2 of Part 2 (reporting obligations)
10 Section 13 amended (Notices to be given when registrable offender ceases to be in custody)
In section 13, delete “consecutive”
.
11 Section 16 and cross-heading above section 16 replaced
Replace section 16 and the cross-heading above section 16 with:
Relevant personal information
16 Relevant personal information to be reported
Relevant personal information defined
(1)
For the purposes of this Act, the relevant personal information to be reported by a registrable offender is the following information as it applies at the time at which the registrable offender makes a report:
Identifying information
(a)
the registrable offender’s name, together with any other name by which the registrable offender is, or has previously been, known:
(b)
for each name other than the registrable offender’s current name, the period during which the registrable offender was known by that other name:
(c)
the registrable offender’s date and place of birth:
(d)
details of any tattoos, scars, or permanent distinguishing marks that the registrable offender has (including details of any tattoo, scar, or mark that has been removed):
Address and contact details
(e)
the address of the place of residence where the registrable offender ordinarily resides or, if the registrable offender does not ordinarily reside in any particular place of residence, the name of each of the localities in which the registrable offender can ordinarily be found:
(f)
the following addresses for service of notices and documents under this Act:
(i)
the registrable offender’s postal address (if they have a postal address):
(ii)
the registrable offender’s email address (if they have an email address):
Resident children
(g)
for each child who resides for at least 2 days in the same place of residence as that in which the registrable offender generally resides, the following information:
(i)
the name, sex, and date of birth of the child:
(ii)
the name and contact details of the child’s principal caregiver:
Motor vehicles
(h)
the make, model, colour, and registration number of the following motor vehicles:
(i)
any motor vehicle that the registrable offender owns:
(ii)
any motor vehicle that the registrable offender drives on at least 14 days (whether consecutive or not) in any period of 12 months:
Occupation and other activities
(i)
if the registrable offender undertakes work (including voluntary work),—
(i)
the nature of the work the registrable offender is undertaking; and
(ii)
the name of the registrable offender’s employer (if any); and
(iii)
the address of each of the premises at which the registrable offender works for at least 14 days (whether consecutive or not) in any period of 12 months (if any); and
(iv)
if the registrable offender does not work at any such premises, the name of each of the localities at which the registrable offender ordinarily works:
(j)
details of any education or training course or programme that the registrable offender—
(i)
is attending; or
(ii)
has enrolled or registered to attend:
(k)
details of the registrable offender’s involvement with any club or organisation that has a child membership or child participation in its activities, including any online or electronic club or organisation:
Nationality and citizenship
(l)
the registrable offender’s nationality:
(m)
the name of each country of which the registrable offender is a citizen:
(n)
in respect of each valid passport held by the registrable offender, the passport number, date of expiry, and name of the country issuing the passport:
(o)
for each New Zealand refugee travel document or certificate of identity held by the registrable offender, the details of that document or certificate:
Phone, email, and internet access
(p)
details of any telecommunications service used, or intended to be used, by the registrable offender, including—
(i)
the name of any landline or mobile phone service provider used, or intended to be used, by the registrable offender; and
(ii)
any phone numbers used, or intended to be used, by the registrable offender:
(q)
details of any email addresses used, or intended to be used, by the registrable offender:
(r)
details of any internet service, computer system or device, and any other storage device used, or intended to be used, by the registrable offender, including—
(i)
the name of any internet service provider; and
(ii)
the identifying details of any computer system or device capable of accessing the internet; and
(iii)
the identifying details of any computer system or device capable of enabling another computer system or device to access the internet (for example, a modem or a router):
(s)
details of any username for any online account used, or intended to be used, by the registrable offender, including, but not limited to, the following:
(i)
an online social network or platform to connect, communicate, or broadcast with others:
(ii)
an online gaming account:
(iii)
an online storage account:
(iv)
a service used to obscure internet activity or to direct network traffic:
(t)
details of any website domain owned or website administered, or intended to be owned or administered, by the registrable offender.
Name of locality must be reported with specificity
(2)
A registrable offender, in reporting the name of a locality under subsection (1)(e) or (i)(iv), must report the name of an identifiable area or location with the greatest specificity that is reasonably possible.
Interpretation of this section
(3)
In this section, computer system—
(a)
means—
(i)
a computer; or
(ii)
2 or more interconnected computers; or
(iii)
any communication links between computers or to remote terminals or any other device; or
(iv)
2 or more interconnected computers combined with any communication links between computers or to remote terminals or any other device; and
(b)
includes any part of the items described in paragraph (a) and all related input, output, processing, storage, software, communication facilities, and stored data.
Compare: Child Protection (Offenders Registration) Act 2000 s 9(1) (NSW); Child Sex Offenders Registration Act 2006 s 13(1), (2) (SA)
Initial report
12 Section 17 amended (When initial report must be made)
(1)
In section 17, replace “all relevant personal information”
with “all the registrable offender’s relevant personal information”
.
(2)
In section 17(a), replace “being released from custody”
with “ceasing to be in custody”
.
(3)
In section 17(c), replace “resident’s visa”
with “residence class visa”
in each place.
13 Cross-heading above section 18 replaced
Replace the cross-heading above section 18 with:
Periodic reports
14 Section 18 amended (Requirement to make periodic reports)
Replace section 18(4) with:
(4)
Subsection (5) applies if, since a registrable offender last reported their relevant personal information under section 17 or this section, the registrable offender has entered, and ceased to be in, custody.
(5)
The registrable offender must, at the same time as making a periodic report, report to the Commissioner details of when and where that custody occurred.
15 Sections 20 to 23 replaced and cross-headings inserted
Replace sections 20 to 23 with:
Obligations to report changes to relevant personal information
20 Changes that must be reported at least 48 hours before change occurs
(1)
This section applies to a registrable offender if the offender’s relevant personal information specified in the following sections is to change:
(a)
section 16(1)(e) (registrable offender’s place of residence or localities at which registrable offender can generally be found):
(b)
section 16(1)(g) (details of any child who resides in the same place of residence as registrable offender and details of child’s principal caregiver).
(2)
The registrable offender must report the anticipated change to the Commissioner at least 48 hours before the anticipated change occurs.
(3)
However, if the registrable offender is outside New Zealand, the registrable offender must report the change or the anticipated change to the Commissioner no more than 72 hours after the registrable offender later enters New Zealand (not counting any time spent in custody).
(4)
If exceptional circumstances arise making it impracticable for a registrable offender to make the report at least 48 hours before the anticipated change occurs, it is sufficient compliance with subsection (2) if the registrable offender reports the anticipated change to the Commissioner—
(a)
as soon as practicable in the circumstances and before the anticipated change occurs; or
(b)
if that is not possible in the circumstances, directly after the change occurs.
(5)
The reporting requirement in subsection (2) is satisfied if—
(a)
the anticipated change that the registrable offender must report is a change in the relevant personal information specified in section 16(1)(e); and
(b)
the registrable offender reports the anticipated change in the course of reporting travel plans under section 21(2) or 21A(2).
Compare: Child Sex Offenders Registration Act 2006 s 16(1)–(3) (SA)
20A Changes that must be reported no more than 48 hours after change occurs
(1)
This section applies to a registrable offender if the offender’s relevant personal information under the following sections changes:
(a)
section 16(1)(p) (telecommunications services used by registrable offender):
(b)
section 16(1)(q) (email addresses used by registrable offender):
(c)
section 16(1)(r) (internet services and devices used by registrable offender):
(d)
section 16(1)(s) (usernames for online accounts used by registrable offender):
(e)
section 16(1)(t) (website domains owned or websites administered by registrable offender).
(2)
If the change occurs while the registrable offender is in New Zealand, the registrable offender must report the change to the Commissioner—
(a)
no more than 48 hours after the change occurs; or
(b)
if the registrable offender is leaving New Zealand less than 48 hours after the change occurs, before the registrable offender leaves New Zealand.
(3)
If the change occurs while the registrable offender is outside New Zealand, the registrable offender must report the change to the Commissioner no more than 72 hours after the registrable offender later enters New Zealand (not counting any time spent in custody).
(4)
See section 33 (which provides for modified reporting procedures for protected witnesses).
Compare: Child Sex Offenders Registration Act 2006 s 16(1)–(3) (SA)
20B Changes that must be reported no more than 72 hours after change occurs
(1)
This section applies to any change to a registrable offender’s relevant personal information other than a change specified in section 20(1) or 20A(1).
(2)
If the change occurs while the registrable offender is in New Zealand, the registrable offender must report the change to the Commissioner—
(a)
no more than 72 hours after the change occurs; or
(b)
if the registrable offender is leaving New Zealand less than 72 hours after the change occurs, before the registrable offender leaves New Zealand.
(3)
If the change occurs while the registrable offender is outside New Zealand, the registrable offender must report the change to the Commissioner no more than 72 hours after the registrable offender later enters New Zealand (not counting any time spent in custody).
(4)
See section 33 (which provides for modified reporting procedures for protected witnesses).
Compare: Child Sex Offenders Registration Act 2006 s 16(1)–(3) (SA)
20C When changes occurring during, or following, time in custody must be reported
(1)
This section applies to a registrable offender—
(a)
who is in custody for more than 7 days; and
(b)
whose relevant personal information changes.
(2)
This section overrides sections 20 to 20B.
(3)
The registrable offender must report the change to the Commissioner—
(a)
no more than 72 hours after the registrable offender ceases to be in custody; or
(b)
if the registrable offender is leaving New Zealand less than 72 hours after the registrable offender ceases to be in custody, before the registrable offender leaves New Zealand.
(4)
See section 36(1)(a), which provides that a registrable offender’s reporting obligations under section 18(1) are suspended for any period during which the registrable offender is in custody for more than 7 days.
Compare: Child Sex Offenders Registration Act 2006 s 16(4) (SA)
Obligations to report travel plans
21 Travel plans within New Zealand to be reported
(1)
This section applies if a registrable offender intends to—
(a)
travel away from their place of residence (as defined in subsection (5)) for more than 48 hours; and
(b)
remain within New Zealand.
(2)
The registrable offender must report the intended travel to the Commissioner at least 48 hours before travelling away from their place of residence.
(3)
The registrable offender must report the following details to the Commissioner:
(a)
each address at which the registrable offender intends to stay:
(b)
the dates on which the registrable offender intends to stay at each of those addresses:
(c)
whether any child will or is likely to travel with the registrable offender and, if so,—
(i)
the name, sex, and date of birth of the child; and
(ii)
the name and contact details of the child’s principal caregiver:
(d)
if any child will be or is likely to be present with the registrable offender at any of those addresses and, if so,—
(i)
the sex of the child; and
(ii)
the age of the child or, if the registrable offender does not know the child’s actual age, the approximate age of the child:
(e)
if the registrable offender intends to return to their place of residence, the date on which they intend to return.
(4)
If exceptional circumstances arise making it impracticable for the registrable offender to make the report at least 48 hours before travelling, it is sufficient compliance with this section if the registrable offender reports the required information to the Commissioner—
(a)
as soon as practicable in the circumstances; and
(b)
before travelling.
(5)
In this section, travel away from their place of residence, in relation to a registrable offender, includes travel between different places of residence where the registrable offender resides.
Compare: Child Sex Offenders Registration Act 2006 s 17 (SA)
21A Travel plans outside New Zealand to be reported
(1)
This section applies if a registrable offender intends to leave New Zealand for more than 48 hours.
(2)
The registrable offender must report the intended travel to the Commissioner at least 7 days before leaving New Zealand.
(3)
The registrable offender must report the following details to the Commissioner:
(a)
the date on which the registrable offender intends to leave New Zealand; and
(b)
the name of each country that the registrable offender intends to enter and remain in for more than 48 hours; and
(c)
for each of those countries,—
(i)
the dates on which the registrable offender intends to enter and leave the country; and
(ii)
each address at which the registrable offender intends to stay; and
(d)
if the registrable offender intends to return to New Zealand, the date on which the offender intends to enter New Zealand; and
(e)
if the registrable offender does not intend to return to New Zealand,—
(i)
a statement of that intention; and
(ii)
the name of the country that the registrable offender intends to generally reside in after leaving New Zealand; and
(iii)
the date on which the registrable offender intends to enter that country.
(4)
If exceptional circumstances arise making it impracticable for the registrable offender to make the report at least 7 days before leaving New Zealand, it is sufficient compliance with this section if the registrable offender reports the required information to the Commissioner—
(a)
as soon as practicable in the circumstances; and
(b)
before leaving New Zealand.
Compare: Child Sex Offenders Registration Act 2006 s 17 (SA)
22 Change of travel plans to be reported
(1)
This section applies if a registrable offender decides to change any details reported to the Commissioner under section 21 or 21A.
(2)
The registrable offender must report the changed details to the Commissioner—
(a)
if the change to be reported is that the registrable offender has decided not to leave New Zealand, as soon as practicable after making the decision and no more than 72 hours after making the decision; or
(b)
for any other change, as soon as practicable after making the decision.
Compare: Child Sex Offenders Registration Act 2006 s 18 (SA)
23 Return to New Zealand to be reported
(1)
This section applies to a registrable offender who—
(a)
leaves New Zealand; and
(b)
later re-enters New Zealand.
(2)
The registrable offender must report their return to New Zealand to the Commissioner no more than 72 hours after re-entering New Zealand (excluding any period spent in custody).
(3)
The Commissioner may require the registrable offender, for inspection and copying,—
(a)
to transmit a copy of each passport used by the registrable offender electronically to—
(i)
the Commissioner; or
(ii)
any other address prescribed by the regulations; or
(b)
to provide each of those passports, or a copy of each of those passports, in any other manner prescribed by the regulations.
Compare: Child Sex Offenders Registration Act 2006 s 19 (SA)
16 Section 24 amended (Where report is to be made)
Replace section 24(3) with:
(3)
This section does not apply if, under section 25(2) or (6), the Commissioner permits, or the regulations provide for, a report to be made in a way that is inconsistent with this section.
17 Section 25 replaced (How report is to be made)
Replace section 25 with:
25 How report is to be made
Most reports to be made in manner permitted by Commissioner or prescribed by regulations
(1)
A registrable offender required to make a report under this subpart must do so in accordance with subsection (2), except as provided by subsections (3) to (6).
(2)
The registrable offender must make the report in a manner permitted by the Commissioner or prescribed by the regulations, either generally or in a particular case (including by phone or by email or other form of electronic transmission).
Reports to be made in person
(3)
Subsection (4) applies to a registrable offender required to make any of the following reports under this subpart:
(a)
a report under section 17 (an initial report):
(b)
a report under section 18 (a periodic report):
(c)
a report under section 20B about a change in the registrable offender’s relevant personal information specified in section 16(1)(d) (details of any tattoos, scars, or permanent distinguishing marks that the registrable offender has).
(4)
The registrable offender must attend in person to make the report.
Reports to be made in writing
(5)
Subsection (6) applies to a registrable offender required to make a report under section 20B about a change in the registrable offender’s relevant personal information specified in section 16(1)(l) to (o) (information about the registrable offender’s nationality and citizenship).
(6)
The registrable offender must make the report—
(a)
by writing sent by post or transmitted electronically to—
(i)
the Commissioner; or
(ii)
any other address prescribed by the regulations; or
(b)
in any other manner prescribed by the regulations.
Who may receive report
(7)
A report made under this section or section 25A may be received by a constable or an authorised person.
Compare: Child Sex Offenders Registration Act 2006 s 22 (SA)
25A How registrable offender with disability may make report
(1)
This section applies to a registrable offender who has a disability that makes it impossible or impracticable for the registrable offender to make a report in the manner required in section 25.
(2)
A nominated person may make the report (so far as is reasonably possible) on the registrable offender’s behalf.
(3)
A report made by the nominated person on the registrable offender’s behalf must be made—
(a)
by both the registrable offender and the nominated person attending in person; or
(b)
in another manner (including by phone or by email or other form of electronic transmission) permitted by the Commissioner or prescribed by the regulations, either generally or in a particular case.
(4)
In this section, nominated person means a person who—
(a)
is—
(i)
the registrable offender’s parent, guardian, or carer; or
(ii)
an adult 18 years of age or over; and
(b)
is chosen by the registrable offender; and
(c)
is approved by the Commissioner.
18 Section 27 replaced (Receipt of information to be acknowledged)
Replace section 27 with:
27 Receipt of report to be recorded and acknowledged
(1)
A constable or authorised person who receives a report under this subpart must, as soon as practicable,—
(a)
record that receipt in the register in accordance with subsection (2); and
(b)
take reasonable steps to acknowledge that receipt to the person who made the report.
(2)
The constable or authorised person must record receipt by recording in the register the following information about the relevant registrable offender:
(a)
the unique reference number assigned to the report:
(b)
the name of the constable or authorised person who received the report:
(c)
the date and time of receipt.
(3)
The constable or authorised person must acknowledge receipt by providing the following information to the person who made the report:
(a)
the unique reference number assigned to the report:
(b)
the date and time of receipt.
(4)
The Commissioner must—
(a)
ask the registrable offender to specify whether any acknowledgement required to be given under this section is to be transmitted to the offender by post or electronic means, or both; and
(b)
record the method of transmission (if any) specified by the registrable offender; and
(c)
ensure that, except with the written consent of the registrable offender, that method of transmission (if any) is used to give an acknowledgement required to be given by this section; and
(d)
retain a copy of each acknowledgement given.
Compare: Child Protection (Offenders Registration) Act 2000 s 12C (NSW); Child Sex Offenders Registration Act 2006 s 24 (SA)
19 Section 28 amended (Additional matters to be provided)
(1)
Replace section 28(3) with:
(3)
If a report is required to be made by attending in person, the person making the report must also present for inspection the following documents (if any) held by or reasonably available to the registrable offender:
(a)
each valid passport:
(b)
each valid New Zealand refugee travel document:
(c)
each certificate of identity.
(2)
In section 28(5), replace “specify”
with “prescribe”
in each place.
20 Section 29 replaced (Power to take fingerprints or fingerscan)
Replace section 29 with:
29 Power to take fingerprints or fingerscan
(1)
This section applies to a constable or an authorised person who—
(a)
receives a report made in person under this subpart; and
(b)
examines all the material relating to identity provided or presented to the constable or authorised person by, or on behalf of, the registrable offender; and
(c)
is not reasonably satisfied as to the identity of the registrable offender.
(2)
The constable or authorised person may—
(a)
take the fingerprints or a fingerscan of the registrable offender; or
(b)
cause the fingerprints or a fingerscan of the registrable offender to be taken by a person authorised to do so by the constable or the authorised person.
Compare: Child Sex Offenders Registration Act 2006 s 26(1) (SA)
21 Section 30 amended (Power to take photographs)
In section 30, replace “ongoing identification”
with “identification from time to time”
.
22 Section 32 repealed (Identifying particulars and other information may be stored by Police)
Repeal section 32.
23 Section 33 amended (Modified reporting procedures for protected witnesses)
In section 33(2), replace “specified”
with “prescribed”
in each place.
24 Section 34 amended (When reporting obligations begin)
In section 34(c), replace “resident’s visa”
with “residence class visa”
in each place.
25 Section 36 amended (Suspension of reporting obligations)
(1)
In section 36(1)(b), replace “section 22”
with “section 22(2)”
.
(2)
After section 36(1)(b), insert:
(ba)
the registrable offender generally resides in a country other than New Zealand; or
Subpart 4—New Part 2A heading and associated subpart headings inserted and subpart 3 of Part 2 (access to register and information sharing) replaced
26 New Part 2A heading inserted
After section 40, insert:
Part 2A Administering register and associated matters
27 Subpart 3 heading in Part 2 replaced
In Part 2, replace the subpart 3 heading with:
Subpart 1—Access to register and sharing information about registrable offender
28 Section 41 amended (Access to register to be restricted)
(1)
In section 41(1), replace “only accessed”
with “accessed only”
.
(2)
In section 41(2), replace “information in the register”
with “register information”
in each place.
(3)
Replace section 41(3) with:
(3)
Despite subsection (2), the guidelines may authorise the use of register information for a purpose other than the purpose for which the register information was obtained if an authorised person reasonably believes such use is necessary to prevent, detect, investigate, or prosecute an offence punishable by a term of imprisonment.
29 Section 42 replaced (Restriction on who may access information on protected witness)
Replace section 42 with:
42 Restriction on who may access information on protected witness
(1)
This section applies to any register information—
(a)
that is about a person to whom section 33 applies; and
(b)
on the basis of which the person’s identity is apparent or can reasonably be ascertained.
(2)
The Commissioner must ensure that the register information can be accessed only in accordance with guidelines issued by the Commissioner for that purpose under section 41.
Compare: Child Protection (Offenders Registration) Act 2000 s 19A (NSW)
30 Section 43 amended (Information sharing between government agencies in interest of public safety)
Replace section 43(1), (1A), and (2) with:
(1)
A specified agency or officer may disclose information about a registrable offender (whether or not that information is in the register) to another specified agency or officer for 1 or more of the purposes specified in subsection (2).
(2)
The purposes are the following:
(a)
monitoring the whereabouts of the registrable offender:
(b)
verifying information reported by the registrable offender:
(c)
managing the risk that the registrable offender may commit further sexual offences against children:
(d)
managing any risk or threat to public safety.
31 Section 44 amended (Disclosure of information to corresponding Registrar or to corresponding overseas agency)
In section 44, replace “personal information in the register”
with “register information”
.
32 Section 45 amended (Disclosure of information to affected person where threat to child safety or welfare)
In section 45(1) and (2), replace “personal information in the register”
with “register information”
.
33 Section 46 amended (Disclosure where identity suppressed)
(1)
In section 46(1), replace “Personal information in the register”
with “Register information”
.
(2)
In section 46(2), replace “personal information in the register”
with “register information”
.
34 Section 47 amended (Confidentiality)
(1)
Replace section 47(1) with:
(1)
A person authorised to have access to the register or any part of the register must not disclose any register information, unless the person is—
(a)
authorised by the Commissioner to disclose the register information under this Act; or
(b)
otherwise permitted or required, under any enactment or other law, to disclose the register information.
(2)
In section 47(2), replace “personal information about a registered offender”
with “register information”
.
35 New subpart 2 heading in Part 2 inserted
In Part 2, after section 47, insert:
Subpart 2—Registrable offender may request certain information or review of certain decisions
36 Section 48 amended (Registrable offender’s rights in relation to register)
After section 48(5), insert:
(6)
In this section, reportable information means information reported by the registrable offender under subpart 2 of Part 2.
37 Section 49 amended (Review where error in placement on register or reporting period)
Repeal section 49(4), (7), and (8).
38 New subpart 3 heading in Part 2 and cross-heading inserted
After section 50, insert:
Subpart 3—Administering register and storing information on Police information recording system
Administering register
39 Section 51 replaced (Exclusion of liability)
Replace section 51 with:
51 Commissioner administers register
(1)
The Commissioner is responsible for administering the register.
(2)
The Commissioner must consult the chief executive of the Department of Corrections before making significant operational decisions about the way in which the register is administered.
(3)
For the purpose of administering the register, the Commissioner may appoint 1 or more of the following employees to be authorised persons:
(a)
a Police employee (within the meaning of section 4 of the Policing Act 2008):
(b)
an employee of the Department of Corrections nominated by the chief executive of that department.
51A Correcting information on register
(1)
This section applies if the Commissioner, under section 49(6)(c), changes a decision about the length of a person’s reporting period.
(2)
The Commissioner must ensure that the entry in the register for the reporting period is corrected.
Information stored on Police information recording system
51B Police may store information obtained or taken under subpart 2 of Part 2
(1)
Information obtained or taken by the Police under subpart 2 of Part 2, including identifying particulars, may be entered, recorded, and stored on a Police information recording system.
(2)
Information recorded on any Police information recording system is not register information for the purposes of this Act.
Removing information from register and Police information recording system
51C When information must be removed from register and Police information recording system
(1)
This section applies if—
(a)
the Commissioner, under section 49(6)(b), revokes a decision to place a person on the register; or
(b)
the District Court, in determining an appeal brought under section 50(2), sets aside a review decision to place a person on the register.
(2)
The Commissioner must ensure that the information specified in subsection (3) is removed from—
(a)
the register; and
(b)
any Police information recording system in which it is entered, recorded, or stored in accordance with section 51B(1).
(3)
The specified information is—
(a)
information reported in respect of the person under subpart 2 of Part 2; and
(b)
copies of documents obtained under subpart 2 of Part 2; and
(c)
fingerprints, fingerscans, or photographs of the person taken and retained under subpart 2 of Part 2.
Subpart 5—Amendment to subpart 4 of Part 2 (restrictions on change of name by offender)
40 Section 53 amended (Application for change of name by registrable offender)
In section 53(2), replace “An offender”
with “A registrable offender”
.
Part 2 Amendments to Part 3 and schedules and minor amendments
Subpart 1—Amendments to Part 3
41 Section 55 and cross-heading replaced
Replace section 55 and the cross-heading above section 55 with:
Secondary legislation
55 Regulations
(1)
The Governor-General may, by Order in Council, make regulations for all or any of the following purposes:
(a)
providing for anything this Act says may or must be provided for by regulations:
(b)
providing for anything incidental that is necessary for carrying out, or giving full effect to, this Act.
(2)
Regulations made under this section are secondary legislation (see Part 3 of the Legislation Act 2019 for publication requirements).
| Legislation Act 2019 requirements for secondary legislation made under this section | ||||
| Publication | PCO must publish it on the legislation website and notify it in the Gazette | LA19 s 69(1)(c) | ||
| Presentation | The Minister must present it to the House of Representatives | LA19 s 114 | ||
| Disallowance | It may be disallowed by the House of Representatives | LA19 ss 115, 116 | ||
| This note is not part of the Act. | ||||
55A Minister may identify public sector agency as specified agency or officer
(1)
The Minister may, by notice, identify a public sector agency as a specified agency or officer for the purposes of this Act.
(2)
Before making a notice under subsection (1), the Minister must consult with the Privacy Commissioner.
(3)
In this section, public sector agency has the meaning given in section 7(1) of the Privacy Act 2020.
(4)
A notice under this section is secondary legislation (see Part 3 of the Legislation Act 2019 for publication requirements).
| Legislation Act 2019 requirements for secondary legislation made under this section | ||||
| Publication | The maker must publish it in accordance with the Legislation (Publication) Regulations 2021 | LA19 s 74(1)(aa) | ||
| Presentation | The Minister must present it to the House of Representatives | LA19 s 114 | ||
| Disallowance | It may be disallowed by the House of Representatives | LA19 ss 115, 116 | ||
| This note is not part of the Act. | ||||
Exclusion of liability
55B Exclusion of liability
A person is immune from liability in civil proceedings for good-faith actions or omissions when—
(a)
carrying out or intending to carry out their responsibilities under this Act; or
(b)
performing or exercising or intending to perform or exercise their functions, duties, or powers under this Act.
Compare: Sex Offenders Registration Act 2004 s 71 (Vic)
Subpart 2—Amendments to schedules and minor amendments
42 Schedule 1 amended
In Schedule 1,—
(a)
insert the Part set out in Schedule 1 of this Act as the last Part; and
(b)
make all necessary consequential amendments.
43 Schedule 2 amended
Amendments to class 1 offences
(1)
In Schedule 2, after clause 1(a)(vii), insert:
(viii)
section 216H (prohibition on making intimate visual recording), if the subject of the visual recording is under 16:
(2)
In Schedule 2, after clause 1(a), insert:
(ab)
an offence against section 390 (knowingly importing or exporting objectionable publications) of the Customs and Excise Act 2018, if the subject or a subject of the publication is under 16 and the publication deals with sex:
(3)
In Schedule 2, after clause 1(b), insert:
(c)
an offence against any of the following provisions of the Prostitution Reform Act 2003:
(i)
section 20 (causing, assisting, facilitating, or encouraging a person under 18 years of age to provide commercial sexual services to any person), if the victim is under 16:
(ii)
section 21 (receiving a payment if a person knows, or ought reasonably to know, that it is derived, directly or indirectly, from commercial sexual services provided by a person under 18 years of age), if the victim is under 16:
(iii)
section 22(1) (entering into a contract or arrangement under which a person under 18 years of age provides commercial sexual services), if the victim is under 16.
Amendments to class 3 offences
(4)
In Schedule 2, replace clause 3 with:
3
Class 3 offence means—
(a)
an offence against any of the following provisions of the Crimes Act 1961:
(i)
section 98AA (dealing in people under 18 for sexual exploitation, removal of body parts, or engagement in forced labour), if the victim is under 16 and subject to sexual exploitation:
(ii)
section 128B(1) (sexual violation), if the victim is under 16:
(iii)
section 129(1) (attempted sexual violation), if the victim is under 16:
(iv)
section 129(2) (assault with intent to commit sexual violation), if the victim is under 16:
(v)
section 129A(1) (sexual connection with consent induced by threat), if the victim is under 16:
(vi)
section 130(2) (incest), if the victim is under 16:
(vii)
section 131(1) (sexual connection with dependent family member), if the victim is under 16:
(viii)
section 131(2) (attempted sexual connection with dependent family member), if the victim is under 16:
(ix)
section 132(1) (sexual connection with child under 12):
(x)
section 132(2) (attempted sexual connection with child under 12):
(xi)
section 134(1) (sexual connection with young person under 16):
(xii)
section 134(2) (attempted sexual connection with young person under 16):
(xiii)
section 138(1) (exploitative sexual connection with person with significant impairment), if the victim is under 16:
(xiv)
section 138(2) (attempted exploitative sexual connection with person with significant impairment), if the victim is under 16:
(xv)
section 142 (anal intercourse) (repealed), if the victim is under 16:
(xvi)
section 144A(1)(a) or (b) (sexual conduct with child or young person outside New Zealand) in relation to an act specified in section 144A(2)(a) or (b) or (3)(a) or (b):
(xvii)
section 144A(4) (breach outside New Zealand of prohibitions on use in prostitution of persons under 18 years) in relation to an act specified in section 22(2) of the Prostitution Reform Act 2003, if the victim is under 16:
(xviii)
section 144AB(1) (party or accessory to sexual conduct with child or young person outside New Zealand) in relation to an offence specified in subparagraph (xvi) of this clause:
(b)
an offence against section 22(2) (receiving commercial sexual services from a person under 18 years of age) of the Prostitution Reform Act 2003, if the victim is under 16.
44 Minor amendments to principal Act
Amend the principal Act as set out in Schedule 2.
Schedule 1 New Part 3 inserted into Schedule 1
Part 3 Provisions relating to Child Protection (Child Sex Offender Government Agency Registration) Amendment Act 2026
17 Interpretation of this Part
In this Part,—
amendment Act means the Child Protection (Child Sex Offender Government Agency Registration) Amendment Act 2026
commencement means the commencement of the amendment Act
pre-existing registrable offender means a person to whom paragraph (a) or (b) of the definition of specified registrable offender applies
specified registrable offender means a person—
Offending before 14 October 2016
(a)
to whom clause 1 or 5 applies in respect of a qualifying offence, or a corresponding offence in a foreign jurisdiction, committed before 14 October 2016; or
Offending on or after 14 October 2016 and before commencement
(b)
who is a registrable offender, or a corresponding registrable offender, in respect of a qualifying offence, or a corresponding offence in a foreign jurisdiction, committed on or after 14 October 2016 and before commencement; or
Offending on or after commencement
(c)
who is a registrable offender, or a corresponding registrable offender, in respect of a qualifying offence, or a corresponding offence in a foreign jurisdiction, committed on or after commencement.
Subpart 1—How Act applies to, and transitional reporting arrangements for, specified registrable offenders
18 Application of Act as amended by amendment Act
On or after commencement, this Act as amended by the amendment Act applies to specified registrable offenders.
19 Pre-existing registrable offenders must report additional relevant personal information
(1)
A pre-existing registrable offender must report to the Commissioner no more than 30 days after commencement.
(2)
The report to the Commissioner must be—
(a)
sent by post; or
(b)
transmitted by email or other form of electronic transmission; or
(c)
made by phone.
(3)
The report must specify any relevant personal information that—
(a)
is required to be reported under the Act (as amended by the amendment Act); but
(b)
was not required to be reported under the Act immediately before commencement.
(4)
However, if a pre-existing registrable offender is due to make a periodic report within 30 days of commencement, the offender—
(a)
must make the periodic report; and
(b)
may report the information specified in subclause (3) to the Commissioner at the same time as making the periodic report.
(5)
This clause applies despite section 34.
(6)
This clause does not limit the reporting obligations under this Act as amended by the amendment Act (see clause 18) of—
(a)
a pre-existing registrable offender after 30 days after commencement; or
(b)
a specified registrable offender who is not a pre-existing registrable offender.
20 Clauses 18, 19, and 21 to 27 override any inconsistent other law
(1)
The following clauses have effect despite any other law if, or to the extent that, the other law is inconsistent with them:
(a)
clause 18:
(b)
clause 19:
(c)
clauses 21 to 27.
(2)
In particular, any other law, for the purposes of subclause (1), includes any law in all or any of the following:
(a)
section 6(1) and (2) of the Sentencing Act 2002:
(b)
sections 25(g) and 26(2) of the New Zealand Bill of Rights Act 1990:
(c)
D (SC 31/2019) v New Zealand Police [2021] NZSC 2.
Subpart 2—Transitional and savings provisions relating to changes in reporting requirements
21 When sections 20 to 20C apply on and after commencement
(1)
Sections 20 to 20C apply only to a change in a specified registrable offender’s relevant personal information that occurs on or after commencement.
(2)
Subclause (1) is subject to clause 22.
(3)
Section 20 as in force immediately before commencement continues to apply to a change in a pre-existing registrable offender’s relevant personal information that occurs before commencement.
22 Transitional arrangement for changes required to be reported under section 20(2) and (3)
(1)
This clause applies to a pre-existing registrable offender if,—
(a)
before commencement, the offender reported their relevant personal information under section 16(1)(e) or (f) as in force immediately before commencement; and
(b)
in the period starting on commencement and ending 48 hours later,—
(i)
the offender is in New Zealand; and
(ii)
the relevant personal information described in paragraph (a) changes.
(2)
Despite section 20(2), the offender must report the change to the Commissioner no more than 72 hours after the change occurs.
23 When section 21 applies on and after commencement
(1)
Section 21 applies only to an intent to travel that a specified registrable offender forms on or after commencement to—
(a)
travel away from their place of residence (as defined in section 21(5)) for more than 48 hours; and
(b)
remain within New Zealand.
(2)
Section 21(2), (5), and (6) as in force immediately before commencement continues to apply to an intent to travel that a pre-existing registrable offender forms before commencement.
24 When section 21A applies on and after commencement
(1)
Section 21A applies only to an intent that a specified registrable offender forms on or after commencement to leave New Zealand for more than 48 hours.
(2)
Subclause (1) is subject to clause 25.
(3)
Section 21(4) and (5) as in force immediately before commencement continues to apply to an intent to travel that a pre-existing registrable offender forms before commencement.
25 Transitional arrangement for changes required to be reported under sections 21A(2) and (3) and 25(2)
(1)
This clause applies to a specified registrable offender if, during the period starting on commencement and ending 7 days after commencement, the offender forms the intent to leave New Zealand for more than 48 hours.
(2)
Despite section 21A(2), the offender must report the intended travel to the Commissioner at least 48 hours before travelling.
(3)
Despite sections 21A(3) and 25(2), the offender must attend in person to report the following details to the Commissioner:
(a)
the date on which the offender intends to travel out of New Zealand:
(b)
if the offender intends to return to New Zealand,—
(i)
the date on which the offender intends to return; and
(ii)
the name of each country that the offender intends to travel to, and remain in for more than 48 hours; and
(iii)
for each of those countries, the following details:
(A)
each address at which the offender intends to stay; and
(B)
the date on which the offender intends to arrive in the country; and
(C)
the date on which the offender intends to travel out of the country; and
(c)
if the offender does not intend to return to New Zealand,—
(i)
a statement of that intention; and
(ii)
the name of the country that the offender intends to generally reside in after leaving New Zealand.
26 When section 22 applies on and after commencement
(1)
Section 22 applies only to a decision that a specified registrable offender makes on or after commencement to change any details reported to the Commissioner under section 21 or 21A.
(2)
Section 22 as in force immediately before commencement continues to apply to a decision that a pre-existing registrable offender makes before commencement to change any details reported to the Commissioner under section 21(2) or (4), as in force immediately before commencement.
27 When section 23 applies on and after commencement
(1)
Section 23 applies only to an instance of travel that a specified registrable offender undertakes on or after commencement in which the offender—
(a)
leaves New Zealand; and
(b)
later re-enters New Zealand.
(2)
Section 23 as in force immediately before commencement continues to apply to an instance of travel undertaken by a pre-existing registrable offender in which the offender leaves New Zealand before commencement.
Subpart 3—Appointment as authorised person continues
28 Appointment as authorised person continues
(1)
A person who, immediately before commencement, is an authorised person appointed under section 11(3) must, on and after commencement, be treated as a person appointed as an authorised person under section 51(3).
(2)
Subclause (1) does not limit the Commissioner’s powers under section 45 of the Legislation Act 2019.
Subpart 4—Amendments to Schedule 2 (qualifying offences)
29 Offences affected by amendments
Schedule 2 as amended by the amendment Act does not apply to a qualifying offence, or a corresponding offence in a foreign jurisdiction, committed before commencement.
Schedule 2 Minor amendments to principal Act updating references to gender
Replacing “his or her” with “their”
In the following provisions, replace “his or her”
with “their”
:
Section 35(4) in each place
Replacing “him or her” with “them”
In section 31, replace “him or her”
with “them”
.
Replacing “he or she” with “the registrable offender”
In the following provisions, replace “he or she”
with “the registrable offender”
:
Section 36(1)(a) and (b) in each place
Replacing “he or she” with “they”
In section 37(2), replace “he or she”
with “they”
.
Other related amendments
In section 14, replace “he or she suspects”
with “they suspect”
.
In section 24(1)(b), replace “he or she generally resides”
with “they generally reside”
.
In section 38(4), replace “he or she does”
with “they do”
.
Legislative history
1 October 2024 |
Introduction (Bill 86–1) |
|
24 October 2024 |
First reading and referral to Justice Committee |
|
14 March 2025 |
Reported from Justice Committee |
|
1 April 2025 |
Second reading |
|
2 April 2025 |
Committee of the whole House |
|
28 January 2026 |
Third reading |
|
1 February 2026 |
Royal assent |
This Act is administered by the New Zealand Police.
Versions
Child Protection (Child Sex Offender Government Agency Registration) Amendment Act 2026
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