Section 3 of the principal Act provides that the purpose of the principal Act is to establish a Child Sex Offender Register that will reduce sexual reoffending against child victims and the risk posed by serious child sex offenders. Clause 4 amends section 3 to clarify that 1 way in which the Act achieves its purpose is to provide government agencies with the information to manage the risk posed by, as well as monitor, child sex offenders who are living in the community.

Clauses 5 and 6 amend sections 4 and 7 of the principal Act, which define key terms used in the principal Act. Various defined terms are amended, inserted, and removed, including for the purposes of aligning terms used across legislation, updating cross-references, and clarity. Changes of note include the following:

• the existing definition of registrable offender has been redrafted to aid clarity, including by specifying that a corresponding registrable offender who holds or has applied for a residence class visa and has been granted entry permission to New Zealand is a registrable offender:

• a new definition of a registrable offender’s place of residence is inserted, based on section 72(3) of the Electoral Act 1993:

• register information is introduced as a term in the principal Act and defined:

• the definition of specified agency is relocated from section 43 (see clause 30) to section 4 of the principal Act and the following agency and officer are added to the new definition of specified agency or officer:

  • Oranga Tamariki—Ministry for Children:

  • the Registrar-General appointed under section 124(1) of the Births, Deaths, Marriages, and Relationships Registration Act 2021.

Section 10 of the principal Act establishes the Child Sex Offender Register (the register). Clause 8 amends section 10 to enable the Commissioner of Police (the Commissioner) to include in the register information held by the Police that relates to monitoring, or managing the risk posed by, a registrable offender.

Clause 9 repeals section 11 of the principal Act, which is about the administration of the register. The substance of section 11 is reinserted as new section 51 (see clause 39). New sections 51 to 51C gather together the provisions in the principal Act relating to the administration of the register. Clause 7 consequentially replaces the subpart 1 heading of Part 2 of the principal Act to reflect the repeal of section 11.

Section 16 of the principal Act lists the relevant personal information that a registrable offender is required to report. Clause 11 replaces section 16 with new section 16, which expands the list of relevant personal information that a registrable offender must report. The effect of this amendment is that a registrable offender will be required to report the following additional relevant personal information:

• their email address (new section 16(1)(f)(ii)):

• the details of any education or training course or programme they are attending or enrolled to attend (new section 16(1)(j)):

• their nationality (new section 16(1)(l)):

• the name of each country of which they are a citizen (new section 16(1)(m)):

• the details of each New Zealand refugee travel document or certificate of identity they hold (new section 16(1)(o)):

• the details of any internet service, computer system or device, and any other storage device, they use or intend to use (new section 16(1)(r)):

• the identifying details of any computer system or device they use that is capable of enabling another computer system or device to access the internet, such as a modem or a router (new section 16(1)(r)(iii)):

• the details of any username for an online account they use for a service used to obscure internet activity or direct network traffic (new section 16(1)(s)(iv)).

New section 16(1) clarifies that the relevant personal information that a registrable offender must provide is that which applies at the time they make a report. New section 16(2) requires a registrable offender to report the name of an identifiable area or location with as much specificity as possible. New section 16(3) defines computer system.

Clause 14 replaces section 18(4) of the principal Act with new section 18(4) and (5). New section 18(4) and (5) requires a registrable offender who has been in custody to report details of that custody regardless of whether their most recent report of relevant personal information was made under section 17 (initial report) or section 18 (periodic report).

Clause 15 replaces sections 20 to 23 of the principal Act with new sections 20, 20A, 20B, 20C, 21, 21A, 22, and 23 and inserts cross-headings above new sections 20 and 21.

New sections 20 to 20C specify a registrable offender’s reporting obligations if there is a change to relevant personal information they have already reported (see new section 16).

New section 20 requires a registrable offender to report anticipated changes to the following information at least 48 hours before the change occurs:

• their place of residence (as required by new section 16(1)(e)):

• details of any child who resides in the same place of residence and of the child’s principal caregiver (as required by new section 16(1)(g)).

The requirement to report an anticipated change in place of residence at least 48 hours before the change occurs reflects the existing requirement in section 20(1)(a) of the principal Act. The requirement to report an anticipated change in the details of any child who resides in the same place of residence and of the child’s principal caregiver at least 48 hours before the change occurs is new.

New section 20(4) provides for when exceptional circumstances make it impracticable for a registrable offender to report anticipated changes in relevant personal information within the required period.

New section 20A requires a registrable offender to report any change to relevant personal information relating to telecommunications and internet use no more than 48 hours after the change occurs (as required by new section 16(1)(p) to (t)). This requirement is new.

New section 20B requires a registrable offender to report any other change to relevant personal information (that is, a change not specified in new section 20(1) or 20A(1)) no more than 72 hours after the change occurs. This reflects the existing requirement in section 20(1)(b) of the principal Act.

New sections 20 to 20B also provide for an exception if a change to a registrable offender’s relevant personal information 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 they arrive back in the country. This is a change from the existing requirement in section 20(4) of the principal Act, which requires a registrable offender to report any change within 72 hours after the registrable offender has entered New Zealand and remained for 7 or more consecutive days.

New section 20C is to the same effect as section 20(5) of the principal Act. It applies if a registrable offender’s relevant personal information changes while they are in custody for more than 7 days and overrides new sections 20 to 20B. The registrable offender must report any change to their relevant personal information to the Commissioner no more than 72 hours after ceasing to be in custody.

New sections 21 and 21A retain the substance of existing section 21 of the principal Act.

New section 21 applies to a registrable offender who intends to travel for more than 48 hours within New Zealand. The registrable offender must report the intended travel at least 48 hours before travelling. This reflects the existing requirement in section 21(2) of the principal Act. New section 21(3)(c) and (d) introduces new reporting obligations if any child will, or is likely to, travel with the registrable offender or be present at any address reported under new section 21(3)(a).

New section 21A applies to a registrable offender who intends to leave New Zealand for more than 48 hours. The registrable offender must report the intended travel at least 7 days before travelling outside New Zealand. This is a change from the existing requirement in section 21(4) of the principal Act, which requires a registrable offender to report intended travel at least 48 hours before travelling.

New section 21A also introduces new reporting obligations. These are additional to the obligations added to section 21 of the principal Act by section 4 of the Child Protection (Child Sex Offender Government Agency Registration) (Overseas Travel Reporting) Amendment Act 2024. A registrable offender who does not intend to return to New Zealand is now required to report to the Commissioner—

• the name of each country that they intend to enter and remain in for more than 48 hours (new section 21A(3)(b)):

• entry and departure dates for each of those countries and each address they intend to stay at (new section 21A(3)(c)):

• the date they intend to arrive in their new country of residence (new section 21A(3)(e)(iii)).

New section 22 is to the same effect as sections 22(1) and (2) and 23(3) of the principal Act, which specify when a registrable offender must report a change in intended travel. Under new section 22, the registrable offender must report the change as soon as practicable after deciding to make the change and, if the change to be reported is that the registrable offender has decided not to leave New Zealand, no more than 72 hours after the decision. Unlike section 22(1) of the principal Act, the requirement applies regardless of whether the registrable offender has already travelled away from their registered residential address.

New section 23 retains the substance of section 23(1) and (2) of the principal Act with the following 2 changes:

• a registrable offender must report their return to New Zealand from overseas to the Commissioner within 72 hours after entering the country. This is a change from the existing requirement in section 23(2) of the principal Act, which requires a registrable offender to report any change within 72 hours after the registrable offender has entered New Zealand and remained for 7 or more consecutive days:

• the requirement for a registrable offender to present their passport upon return to the Commissioner is removed. The Commissioner may instead require a registrable offender to transmit a copy of each of the offender’s passports or provide each passport (or a copy of each passport) in any manner prescribed by regulations made under new section 55 (see clause 41).

Clause 17 replaces section 25 of the principal Act with new sections 25 and 25A.

New section 25 retains the substance of section 25(1) to (3) of the principal Act. It specifies how reports about changes in a registrable offender’s relevant personal information are to be made. Most reports are to be made in a manner permitted by the Commissioner or prescribed by the regulations made under new section 55 (see clause 41). However, certain reports must be made either in person or in writing. New section 25 makes the following changes to the substance of section 25(1) to (3):

• a report of a change of address, about intended travel outside New Zealand, or about a return to New Zealand no longer needs to be made in person (new section 25(3)):

• reports about changes in information about nationality and citizenship must now be made in writing (new section 25(5)):

• a report may now be received by either a constable or an authorised person, where previously certain in-person reports could be received only by a constable (new section 25(7)).

New section 25A retains the substance of section 25(4) and (5) of the principal Act. It enables a nominated person to make a report on behalf of a registrable offender who has a disability that makes reporting in accordance with new section 25 impossible or impracticable.

Clause 18 replaces section 27 of the principal Act. New section 27 is intended to improve the process for recording and acknowledging a report about a change in a registrable offender’s relevant personal information. The improvements include the following:

• simplifying what information must be included in the acknowledgement (new section 27(3)):

• requiring, rather than enabling, the Commissioner to ask the registrable offender to specify how they would prefer an acknowledgement to be provided (new section 27(4)).

Clause 19 amends section 28 of the principal Act. The effect of the amendment to section 28(3) is that a registrable offender making a report in person about a change in their relevant personal information must now provide any valid New Zealand refugee travel document or certificate of identity they possess, in addition to each valid passport.

Clause 22 repeals section 32 of the principal Act, which is about what information obtained under the principal Act may be stored on a Police information recording system. The substance of section 32 is reinserted as new sections 51B and 51C (see clause 39). New sections 51 to 51C gather together the provisions in the principal Act relating to the administration of the register.

Clause 25 amends section 36 of the principal Act. The amendment makes it clear that a registrable offender’s reporting obligations are suspended while they generally reside in a country other than New Zealand.

Clause 26 inserts a new Part 2A heading to create new Part 2A in the principal Act. New Part 2A will contain the following existing and new provisions:

• new subpart 1, comprising existing sections 41 to 47 of the principal Act as amended by clauses 28 to 34:

• new subpart 2, comprising existing sections 48 to 50 of the principal Act as amended by clauses 36 and 37:

• new subpart 3, comprising new sections 51 to 51C (see clauses 38 and 39):

• subpart 4, comprising existing subpart 4 of Part 2 of the principal Act (sections 52, 53 (as amended by clause 40), and 54).

Clause 37 repeals section 49(7) and (8) of the principal Act, which relates to the administration of the register. Section 49(7) and (8) is reinserted into new sections 51A and 51C (see clause 39). New sections 51 to 51C gather together the provisions in the principal Act relating to the administration of the register.

Clause 37 also repeals section 49(4) of the principal Act. The effect of this repeal is that there is no limit on the time period within which a person may apply to the Commissioner to review a decision—

• to place a person on the register; or

• about the length of the person’s reporting period.

Clause 39 replaces section 51 of the principal Act with new sections 51 to 51C, which together constitute subpart 3 of new Part 2A.

New subpart 3 gathers together the existing provisions in the principal Act (sections 11, 32, and 49(7) and (8)) that relate to administering the register and storing information on a Police information recording system. The provisions of the principal Act are reinserted as follows:

• new section 51 is based on section 11:

• new section 51A is based on section 49(8):

• new section 51B is based on section 32(1) and (2):

• new section 51C is based on sections 32(3) and 49(7).

In addition, new section 51C places a new requirement on the Commissioner to ensure certain information about a person is removed from the register and from any Police information recording system if the person’s appeal to the District Court under section 50(2) is successful.

Section 51 of the principal Act excludes liability for acts or omissions done in good faith in the administration or execution of the principal Act. The substance of section 51 is reinserted as new section 55B (see clause 41).

Clause 41 replaces section 55 of the principal Act with new sections 55 to 55B.

New section 55, which contains a general regulation-making power, has been redrafted to reflect current standard drafting practice.

New section 55A relocates a notice-making power that is currently in section 43, definition of specified agency, paragraph (g). New section 55A makes it clear that a notice made under it is secondary legislation.

New section 55B is based on section 51 of the principal Act. Section 51 excludes liability for acts or omissions done in good faith in the administration or execution of the principal Act. The wording used in new section 55B aligns with section 104 of the Public Service Act 2020, which provides immunity in civil proceedings for public service chief executives and public service employees for good-faith actions or omissions when carrying out or intending to carry out their responsibilities or when performing or exercising or intending to perform or exercise their functions, duties, or powers.

Clause 42 inserts new Part 3, containing transitional, savings, and related provisions that relate to this Bill, into Schedule 1 of the principal Act. New Part 3 provides that the amendments in the Bill apply to registrable offenders on or after commencement, including those registrable offenders who were sentenced for a qualifying offence before the Bill commenced. However, because the Bill changes some existing reporting requirements for registrable offenders and introduces new reporting requirements, new Part 3 makes specific provision for how those reporting requirements apply on and around commencement.

Clause 43 inserts the following 5 new class 1 offences into clause 1 of Schedule 2 of the principal Act:

• an offence against section 216H of the Crimes Act 1961 (prohibition on making intimate visual recording), if the subject of the visual recording is under 16 years of age:

• an offence against section 390 of the Customs and Excise Act 2018 (knowingly importing or exporting objectionable publications), if the subject or a subject of the publication is under 16 years of age and the publication deals with sex:

• an offence against any of the following provisions of the Prostitution Reform Act 2003:

  • 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 years of age:

  • 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 years of age:

  • 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 years of age.

Clause 43 also inserts the following 2 new class 3 offences into clause 3 of Schedule 2 of the principal Act:

• an offence against section 98AA of the Crimes Act 1961 (dealing in people under 18 for sexual exploitation, removal of body parts, or engagement in forced labour), if the victim is under 16 years of age and subject to sexual exploitation:

• an offence against section 22(2) of the Prostitution Reform Act 2003 (receiving commercial sexual services from a person under 18 years of age), if the victim is under 16 years of age.