Terry Thomas
[FYI request #15935 email]
Tēnā koe Terry
Thank you for your email of 30 June 2021, requesting information about advice provided
to other government agencies regarding the proposed changes to the Births, Deaths,
Marriages and Relationships Registration Bill. Your request has been considered under
the Official Information Act 1982 (OIA).
As you are aware, part of your request was transferred to my office for response in
accordance with section 14 of the OIA, as it relates more closely to the functions of my
office. I am advised that in a letter dated 26 July 2021, Corrections advised you that part
of your request was transferred to my office.
You requested:
all advice provided to the Ministry of Internal Affairs or any other ministry, agency
or minister on the impact proposed changes to the Births Deaths Marriages and
Relationships Act regarding birth certificates, and their impact on operations in
prisons and the Corrections Regulations 2005
I have interpreted your request for advice to include all reports and briefings I have
received from officials.
I have identified eight updates I received via my weekly report from Corrections in scope
of your request:
Minister’s Weekly Report extracts dated 18 March, 25 March, 1 April, 8 April, 15
April, 22 April, 29 April and 6 May 2021
These updates are attached as Appendix One. As you may be aware, the Births,
Deaths, Marriages, and Relationships Registration Bill is still before Parliament. I am
advised that this legislation is likely to impact Corrections and potential subsequent
changes to Corrections’ policy and consideration of those changes remains under
development by officials. As such, some information in has been withheld under section
9(2)(f)(iv) of the OIA, to maintain the constitutional conventions which for time being
protect the confidentiality of advice tendered by Ministers and officials.
Furthermore, I have identified email correspondence between Corrections officials and
my office dated 26 February 2021. This information is attached as Appendix Two. Some
information has been withheld under section 9(2)(a), to protect the privacy of natural
persons, including deceased natural persons.
Additionally, in November 2018, a joint briefing relating to this matter was provided to
myself and the Minister of Internal Affairs. The briefing, titled
Joint Internal Affairs and
Corrections Briefing B3782, is attached as Appendix Three.
Some information has been withheld from the briefing under the following sections of the
OIA:
9(2)(a), to protect the privacy of natural persons, including deceased natural
persons;
9(2)(g)(i), to maintain the effective conduct of public affairs through the free and frank
expression of opinions by or between or to Ministers of the Crown or members of an
organisation or officers and employees of any department or organisation in the
course of their duty; and
9(2)(h), to maintain legal professional privilege.
I do not believe there are any considerations under section 9(1) of the OIA rendering it
desirable in the public interest to make the information available which outweigh the
reasons for withholding.
I trust the information provided is of assistance. If you have any concerns with this
response you may raise them with the Office of the Ombudsman. Contact details are:
Office of the Ombudsman, PO Box 10152, Wellington 6143.
Nāku noa, nā
Hon Kelvin Davis
Minister of Corrections
