Section Sch4 — Privacy Act 2020: Law enforcement information

Schedule 4 Law enforcement information ss 172 , 173 Court records Subject Description Access available to Court document processing Particulars of proceedings in respect of which informations are to be laid or charging documents filed; the acceptance of data for and the preparation of associated documents Police Serious Fraud Office Department of Corrections Legal Services Commissioner, limited only to finding out whether an applicant for criminal legal aid has any charges currently pending determination by the courts Details of hearings Details of hearings of proceedings in respect of which informations have been laid or charging documents have been filed, including convictions, sentences, and all other matters ancillary and subsequent to a determination Police (access is limited so as to exclude details relating to young persons, being persons over 14 years but under 18 years, where the offence did not carry a liability to imprisonment) New Zealand Transport Agency (access is limited to traffic cases only) Serious Fraud Office (access is limited so as to exclude details relating to young persons, being persons over 14 years but under 18 years, where the offence did not carry a liability to imprisonment) Department of Corrections Legal Services Commissioner, for the purpose of determining an application for a grant of legal aid (access is limited so as to exclude details relating to young persons, being persons over 14 years but under 18 years, where the offence did not carry a liability to imprisonment) Ministry of Justice (access for the purpose of responding to requests for criminal conviction histories) Enforcement of fines and other orders Particulars of writs, warrants, or orders in force and issued or made on default in the payment of fines or other monetary sums ordered in proceedings; particulars of the persons to whom the writs, warrants, or orders relate; and particulars of fines, sentences, or orders imposed or made against those persons, including the amounts remaining payable thereunder and the arrangements for payment Police Department of Corrections Legal Services Commissioner, for the purpose of determining an application for a grant of legal aid in relation to a criminal matter Ministry of Justice (access for the purpose of responding to requests for criminal conviction histories) Non-performance of bail conditions Records relating to failure to comply with bail conditions entered under section 39(3) of the Bail Act 2000 Police Ministry of Justice records Subject Description Access available to Driver licence stop orders Particulars of each order served, cancelled, or terminated, the full name, full address, telephone number, driver licence number, and date of birth of the person on whom the order was served; the date and time when the order was served on the person, the date of the cancellation or termination of the order, and any amendments required, as at the date of service, cancellation, or termination, to the person’s full address and telephone number New Zealand Transport Agency (access is limited to recording, on the driver licence register, the service, cancellation, or termination of an order and any amendments required to the person’s full address and telephone number, and to replacing a driver licence following the cancellation or termination of the order) Police records Subject Description Access available to Details of overseas hearings Details of hearings of overseas proceedings before overseas courts, including convictions, sentences, and all other matters ancillary and subsequent to a determination Ministry of Justice Department of Corrections Serious Fraud Office Ministry of Business, Innovation, and Employment (access is limited to obtaining information for the purposes of section 52 of the Outer Space and High-altitude Activities Act 2017) Offender identity Particulars of the identity of persons who have been charged with an offence Department of Corrections (access is limited to identity details for the purposes of— (a) entering information relating to prosecutions initiated otherwise than by the Police; or (b) undertaking criminal history checks of persons wishing to visit prisons who have consented to such a check; or (c) research conducted by the department, and with the limitation that information so obtained must not be published in a form that could reasonably be expected to identify the individual concerned) Ministry of Justice (access is limited to— (a) identity details for the purposes of— (i) entering information relating to prosecutions initiated otherwise than by the Police; or (ii) providing assistance to victims in accordance with the Sentencing Act 2002 , the Parole Act 2002 , the Victims’ Rights Act 2002 , and the Prisoners’ and Victims’ Claims Act 2005 ; or (iii) updating an existing database of court proceedings; or (b) obtaining information for the purpose of research conducted by the Ministry, and with the limitation that information so obtained must not be published in a form that could reasonably be expected to identify the individual concerned) Ministry of Business, Innovation, and Employment (access is limited to obtaining information for the purposes of section 52 of the Outer Space and High-altitude Activities Act 2017) Victim identity The name, sex, date of birth, address, and telephone number of persons who are the victims of a criminal offence in respect of which another person has been charged Ministry of Justice (access is limited to identity details for the purpose of providing assistance to victims in accordance with the Sentencing Act 2002 , the Parole Act 2002 , the Victims’ Rights Act 2002 , and the Prisoners’ and Victims’ Claims Act 2005 ) Medical details An indicator to identify persons who are or have been special patients under the Mental Health (Compulsory Assessment and Treatment) Act 1992 or any former Act and the hospitals at which those persons are or have been detained as special patients, or as committed patients, or as patients (within the meaning of that Act) New Zealand Transport Agency (access is limited to obtaining information for the purposes of— (a) section 19 of the Land Transport Act 1998; or (b) subpart 2 of Part 4A of the Land Transport Act 1998) Department of Corrections Ministry of Justice Traffic offence and infringement enforcement and document processing Traffic offence and infringement enforcement processing, including infringement fees enforcement and preparation of documents New Zealand Transport Agency Ministry of Justice (access is limited to obtaining information for the purpose of processing cases before a court) Legal Services Commissioner (access is limited to obtaining information for the purpose of processing cases before a court, and for determining an application for a grant of legal aid relating to a criminal matter) Vehicles of interest Particulars of motor vehicles stolen, unlawfully taken, missing, abandoned, or found, or where location is for other reasons required to be known by the Police Registrar of Motor Vehicles (access is limited so as to exclude any particulars that the Police may determine in any case) Vehicles impounded under Land Transport Act 1998 Particulars of an impounded vehicle, including make, model, type, registration plate number, vehicle identification number; the section of the Land Transport Act 1998 under which it is impounded, the date on which it was impounded, and the place where it is impounded; whether any appeals are yet to be determined; particulars of the person who was driving the vehicle immediately before its impoundment, including the full name, full address, telephone number, occupation, driver licence number, and date of birth of that person and the same particulars also for every other person who is registered in respect of the vehicle Ministry of Justice (access is limited to giving effect to action taken, under Part 3 of the Summary Proceedings Act 1957, to enforce the payment of fines, reparation, and related payments) Wanted persons Particulars concerning persons wanted for arrest New Zealand Transport Agency (access is limited to obtaining information for the purposes of— (a) subpart 2 of Part 4A of the Land Transport Act 1998: (b) carrying out the functions conferred on the Agency by section 95(1) of the Land Transport Management Act 2003) Ministry of Justice (access is limited to persons wanted in connection with fines enforcement) Ministry of Business, Innovation, and Employment (access is limited to obtaining information for the purposes of section 52 of the Outer Space and High-altitude Activities Act 2017) Missing persons Particulars concerning persons missing or required to be located New Zealand Transport Agency (access is limited so as to exclude any particulars that the Police may determine in any case) Ministry of Justice (access is limited to persons required to be located in connection with fines enforcement) Firearms licences Particulars of persons authorised to possess firearms in accordance with the Arms Act 1983 Ministry of Justice (access is limited to identity details of persons who possess firearms, where that information is required for the purpose of serving orders made under the Family Violence Act 2018 ) Protection orders Details of protection orders made under the Domestic Violence Act 1995 Department of Corrections (access is limited to obtaining information about any offender who is subject to a protection order while also subject to— (a) a full-time custodial sentence (including while released on parole or subject to conditions imposed under section 93 of the Sentencing Act 2002); or (b) a sentence of supervision, intensive supervision, community work, or community detention; or (c) a non-association order; or (d) a sentence of home detention (including while subject to post-detention conditions); or (e) an extended supervision order; or (f) a public protection order, a prison detention order, or a protective supervision order under the Public Safety (Public Protection Orders) Act 2014 Access is for the purpose of managing the offender’s sentence, any post-sentence conditions, any post-sentence supervision, or any order under the Public Safety (Public Protection Orders) Act 2014 in a manner consistent with any protection order) Restraining orders Details of restraining orders made under the Harassment Act 1997 Department of Corrections (access is limited to obtaining information about any offender who is subject to a restraining order while also subject to— (a) a full-time custodial sentence (including while released on parole or subject to conditions imposed under section 93 of the Sentencing Act 2002); or (b) a sentence of supervision, intensive supervision, community work, or community detention; or (c) a non-association order; or (d) a sentence of home detention (including while subject to post-detention conditions); or (e) an extended supervision order; or (f) a public protection order, a prison detention order, or a protective supervision order under the Public Safety (Public Protection) Orders Act 2014 Access is for the purpose of managing the offender’s sentence, any post-sentence conditions, any post-sentence supervision, or any order under the Public Safety (Public Protection Orders) Act 2014 in a manner consistent with any restraining order) Non-contact orders Details of non-contact orders made under the Victims’ Orders Against Violent Offenders Act 2014 Department of Corrections (access is limited to obtaining information about any offender who is subject to a non-contact order while also subject to— (a) a full-time custodial sentence (including while released on parole or subject to an extended supervision order made under section 107I of the Parole Act 2002 or to conditions imposed under section 93 of the Sentencing Act 2002); or (b) a sentence of intensive supervision, community detention, community work, or supervision; or (c) a non-association order; or (d) a sentence of home detention (including while subject to post-detention conditions); or (e) an extended supervision order; or (f) a public protection order, a prison detention order, or a protective supervision order under the Public Safety (Public Protection) Orders Act 2014 Access is for the purpose of managing the offender’s sentence, any post-sentence conditions, any post-sentence supervision, or any order under the Public Safety (Public Protection Orders) Act 2014 in a manner consistent with any non-contact order) New Zealand Transport Agency records Subject Description Access available to Driver licence register (except photographic images on driver licences) A national register of all driver licences Department of Corrections Ministry of Justice Police Serious Fraud Office Road User Charges Collector (access is limited to obtaining information for the purpose of verifying the identity of people who are or apply to be holders of licences issued under the Road User Charges Act 2012 ) Registrar of Motor Vehicles (access is limited to obtaining information for the purposes of— (a) verifying the identity of people who are or apply to be registered on the register of motor vehicles in respect of motor vehicles; or (b) correcting or updating information held on the register of motor vehicles about such people) Transport services licensing register A national register of all transport service licences Police Demerit points The recording of demerit points in relation to traffic offences Police Rail licensing register A national register of all licences under the Railways Act 2005 Police Registrar of Motor Vehicles records Subject Description Access available to Motor vehicles register A national register of all motor vehicles Ministry of Justice (including for the purpose of enforcing civil debts) Police Serious Fraud Office WorkSafe New Zealand (access is limited to name and address details of persons who are or were previously registered in respect of a specified vehicle for the purposes of enforcing the health and safety at work legislation) Ministry of Business, Innovation, and Employment (access is limited to name and address details of persons who are or were previously registered in respect of a specified vehicle for the purposes of enforcing immigration legislation) Ministry for Primary Industries (access is limited to name and address details of persons who are or were previously registered in respect of a specified vehicle for the purposes of enforcing fisheries legislation and any other enactment that confers enforcement powers on fisheries officers) New Zealand Customs Service (access is limited to obtaining information for the purposes of enforcing legislation for which the Service has enforcement powers) New Zealand Transport Agency (access is limited to obtaining information for the purposes of carrying out the functions conferred on the Agency by section 95(1) of the Land Transport Management Act 2003) Legal Services Commissioner (access is limited to obtaining information for the purpose of determining an applicant’s financial eligibility for a grant of legal aid in relation to a criminal matter) An enforcement authority under the Land Transport Management Act 2003 . Road User Charges Collector records Subject Description Access available to Road user charges Details of licences issued under the Road User Charges Act 2012 and details of the corresponding licence holders Police (access is limited to obtaining information for the purpose of enforcing the Road User Charges Act 2012 ) New Zealand Transport Agency (access is limited to obtaining information for the purposes of carrying out the functions conferred on the Agency by section 95(1) of the Land Transport Management Act 2003) Department of Corrections records Subject Description Access available to Community-based sentences, sentences of home detention, and conditions of release Particulars of persons— (a) released on probation or parole, or released on conditions under Part 6 of the Criminal Justice Act 1985, or sentenced to supervision; or (b) released on parole, home detention, or compassionate release under subpart 2 of Part 1 of the Parole Act 2002 or sentenced to supervision, intensive supervision, community work, community detention, or home detention. Police (access is limited to— (a) the person’s area of reporting: (b) in the case of a person released from a prison, the conditions of the person’s release (whether imposed on release or imposed or varied subsequently, and including any direction issued to that person by a probation officer)) Ministry of Justice Extended supervision orders Details of extended supervision orders made under Part 1A of the Parole Act 2002 Police (access is for the purpose of managing the conditions of the extended supervision order) Records of prisoners Particulars of prisoners in a prison, including the date of release from the prison Police (access is limited to the location and the date of release of the prisoner) Ministry of Justice