Section 303 — Immigration Act 2009: Disclosure of information to enable specified agencies to check identity and character

303 Disclosure of information to enable specified agencies to check identity and character (1) The purpose of this section is to facilitate the disclosure of information by the Department to a specified agency to enable the specified agency to— (a) establish or verify a person's identity: (b) check matters relating to a person's character. (2) For the purposes of this section, the chief executive of the specified agency may supply identifying information about the following persons to the chief executive of the Department: (a) a person in New Zealand who the chief executive of the specified agency believes is not a New Zealand citizen: (b) a person outside New Zealand who the chief executive of the specified agency believes— (i) is not a New Zealand citizen; and (ii) is intending to board a craft for the purpose of travelling to New Zealand: (c) a person outside New Zealand who the chief executive of the specified agency believes— (i) is not a New Zealand citizen; and (ii) has previously travelled to New Zealand. (3) The chief executive of the Department may compare the information he or she receives with information that the Department holds about the person. (4) If the Department holds immigration information about the person, the chief executive of the Department may supply the information described in subsection (5) to an authorised officer under an agreement to which subsection (6) applies. (5) The information is— (a) the person's identifying information: (b) the person's previous convictions: (c) the person's modus operandi: (d) details of the person's known or suspected involvement in illegal activities: (e) details of the person's known currency and other financial transactions of relevant interest, including known or suspected involvement in money laundering: (f) intelligence analysis assessments of and reports about the person: (g) details of communications interceptions involving the person: (h) the person's general history known to the Department (which may include information about associates and networks): (i) the person's past travel movements: (j) details of a visa held by the person. (6) The following provisions apply to an agreement: Making (a) it must not be made until the chief executive of the Department has consulted the Privacy Commissioner about it: (b) it must be made between the chief executive of the Department and the chief executive of the specified agency: (c) it must be in writing: Contents (d) it must state the criteria for the disclosure under it of information by the Department to the specified agency: (e) it must state the use that the specified agency may make of the information disclosed to it: (f) it must— (i) state that the specified agency must not disclose the information disclosed to it to any other agencies, bodies, or persons; or (ii) state the other agencies, bodies, or persons to which the specified agency may disclose information disclosed to it, the extent to which the specified agency may disclose the information, and the conditions subject to which the specified agency may disclose the information: (g) it may state the form in which the information may be disclosed: (h) it may state the method by which the information may be disclosed: Varying (i) it may be varied: (j) it must not be varied until the chief executive of the Department has consulted the Privacy Commissioner about the variation: Reviews and reports (k) it, and the arrangements for disclosure under it, must be the subject of reviews and reports to the Privacy Commissioner by the chief executive of the specified agency at intervals of no less than 12 months, if the Privacy Commissioner so requires. (7) The chief executive of the specified agency must ensure that each annual report of the specified agency includes information about agreements between the chief executive of the specified agency and the chief executive of the Department under this section, including— (a) the number of agreements; and (b) an outline of each agreement; and (c) the number of cases in which the accuracy of the information disclosed by the chief executive of the Department was challenged. (8) In this section,— authorised officer means an officer, employee, or agent of the specified agency who is authorised by the chief executive of the specified agency to receive information from the chief executive of the Department in accordance with this section chief executive of the specified agency includes the Commissioner of Police identifying information means a person's— (a) full name: (b) date and place of birth: (c) gender: (d) unique identifying number used by the specified agency: (e) unique identifying number used by the Department: (f) biometric information: (g) alias or aliases: (h) address: (i) distinguishing features: (j) details of travel documents: (k) details of identity documents: (l) citizenship: (m) nationality specified agency means— (a) the New Zealand Police: (b) the Ministry of Justice: (c) the department of State responsible for the administration of the Biosecurity Act 1993 : (d) the department of State responsible for the administration of the Corrections Act 2004 : (e) the department of State responsible for the administration of the Customs and Excise Act 1996 .