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Customs and Excise (Child Sex Offender Register Information Sharing) Amendment Bill (Consistent) [2022] NZBORARp 28 (22 June 2022)

Last Updated: 20 August 2022

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22 June 2022

LEGAL ADVICE


LPA 01 01 24

Hon David Parker, Attorney-General

Consistency with the New Zealand Bill of Rights Act 1990: Customs and Excise (Child Sex Offender Register Information Sharing) Amendment Bill

  1. We have considered whether the Customs and Excise (Child Sex Offender Register Information Sharing) Amendment Bill (the Bill), a member’s Bill in the name of Erica Stanford MP, is consistent with the rights and freedoms affirmed in the New Zealand Bill of Rights Act 1990 (the Bill of Rights Act).
  2. The Bill amends the Customs and Excise Act 2018 (the principal Act) to enable the exchange of information about registrable offenders between Customs and the Commissioner of Police. The purpose of the Bill is to assist in locating a registered offender to ensure their compliance with the Child Protection (Sex Offender Government Agency Registration) Act 2016.
  3. The Bill inserts new section 311A into the principal Act, creating an ability for:
    1. the Commissioner of Police to supply the chief executive of Customs with any identifying information about a registrable offender,
    2. the chief executive of Customs to supply the Commissioner of Police with a registrable offender’s:
      1. arrival and departure information, and
      2. any information provided by the registrable offender when arriving in or departing from New Zealand.
  4. We have concluded that the Bill appears to be consistent with the rights and freedoms affirmed in the Bill of Rights Act.

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Jeff Orr

Chief Legal Counsel Office of Legal Counsel


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