From:
Frances Muir
To:
HOLDAWAY, Heather
Cc:
Kate Raggett; Michael Kane; Logan Fenwick; Caroline Carver; Sue Boland-Vernon; Susan Arcus; Julia Tustin
Subject:
RE: URGENT RE: [EXTERNAL] RE: Heads-up: LEG paper and SOP for your review tomorrow
Date:
Tuesday, 6 July 2021 10:21:23 AM
Attachments:
image001.png
image002.png
image003.png
image004.png
image005.png
image006.png
image007.png
Kia ora Heather
Thanks for your feedback.
We can see that there is value in disclosing to Police that a person has amended their registered
sex and the person’s name before this amendment where Police has an interest in ensuring a
person has one identity. s.9(2)(f)(iv) OIA
s.9(2)(g) OIA
The intention of the self-identification policy is not to change how other agencies and
organisation record a person’s gender or sex - happy to discuss
Ngā mihi
Frances
Frances Muir (she/her) | Senior Policy Analyst | Kaitātari Kaupapahere Matua
Policy Group | Rōpū Kaupapahere
The Department of Internal Affairs |
Te Tari Taiwhenua
s.9(2)
( )
Logo-test
From: HOLDAWAY, Heather <[email address]>
Sent: Friday, 2 July 2021 1:49 PM
To: Michael Kane <[email address]>
Cc: CROSS, Jennifer (Jenny) <[email address]>; FLAHIVE, Michael (Mike)
<[email address]>; WEBB, Michael (Mike) <[email address]>;
PIECK, Karin (Karin Pieck) <[email address]>; AITCHISON, Christine
<[email address]>; VAN PEER, Tanja <[email address]>;
Christine MacKenzie <[email address]>; Scott Spackman
<[email address]>
Subject: RE: URGENT RE: [EXTERNAL] RE: Heads-up: LEG paper and SOP for your review
tomorrow
Kia ora Michael, and apologies for delay
As discussed, please see our feedback below.
The LEG paper refers to the current process whereby a person can change their registered sex
on their birth certificate, by means of provision of evidence to the Family Court that the person
has undergone medical treatment to conform with their desired sex. We note that the proposed
change introduces a less medicalising process whereby a person can simply self-declare their
registered sex to reflect their gender and have that sex recorded on their birth certificate.
In general, Police supports the proposed changes. However, we have some specific comments
regarding the impacts from a Police operational perspective:
Accuracy of identity information
s.9(2)(g) OIA
to be given as to how to manage this risk, and
whether Police/other government agencies should have the ability to link new birth certificate
records with previous identities. Police needs to be able to determine who they’re dealing with
when dealing with members of the public, to ensure that a person’s true criminal history is
known to courts, and is properly managed. This risk is not identified in the Cabinet paper and we
recommend that it is explicitly surfaced. We note that s.110(4) does allow for the RG to notify
agencies with interest in ensuring people do not have more than 1 identity of a change to sex
marker on birth certificate, but this is dependent on the decision to notify.
s.9(2)(f)(iv) OIA
we’re aware that our current AISA does not
allow information sharing where a person has changed their registered sex
under the existing Family Court, but that we do currently receive name change
information from the BDM Registry under our existing AISA with the Registrar-
General.
This captures information relating to the individual’s name change,
their current
birth information and all previous name changes (if any) that is maintained by
the Registrar-General under the BDMRRA for a New Zealand-born individual who
is the subject of a registered name change or a non-disclosure direction - with
identifying information including, but not limited to names at birth, former
names, new names, date and place of birth, and
sex.
s.9(2)(f)(iv) OIA
s.9(2)(g)
OIA
s.9(2)(f)(iv) OIA
s.9(2)(f)(iv) OIA
s.9(2)(g) OIA
This is referenced at para 85 of the Cabinet paper,
but we would like to see this wording strengthened to reflect the likelihood of
resource impacts for agencies which hold individual information, as well as the
necessity of agencies ensuring individual’s information accurately reflects
identifying particulars, such as sex and gender, that is held across government,
and that need for this work to align with StatsNZ revised statistic standards for
gender, sex and variations of sex characteristics--understanding that these
proposals are only one part of this broader programme/s.
Ngā mihi
Heather
Heather Holdaway
Assistant Policy Advisor (she/her)
Criminal Justice Policy
s.
E:
9 [email address]
From: Michael Kane <[email address]>
Sent: Friday, 18 June 2021 3:07 pm
s.9
(2)
(a)
OI
A
s.9(2)(a) OIA
Subject: [EXTERNAL] RE: Heads-up: LEG paper and SOP for your review tomorrow
CAUTION: This email originated from outside of the organization. Do not click links or open
attachments unless you recognize the sender and know the content is safe.
Tēnā koutou
Further to my email yesterday, please find attached the Supplementary Order Paper amending
the self-identification provisions in the Births, Deaths, Marriages, and Relationships Registration
Bill along with the associated LEG paper. We would appreciate if you could provide feedback on
these papers by
COP Thursday, 1 July. I have also attached the previous Cabinet paper for your
reference.
The SOP document is very long as it includes the whole Bill with track-changes for the
amendments. The key pages in the SOP are 12-13, 21-30,52-54, 89-91. Please note that the SOP
is a work in progress draft and subject to peer review and proof reading. There is some
placeholder provisions and one drafting query that you are welcome to comment on.
Thank you again for your support in this work. Feel free to get in touch with any questions.
Ngā mihi
From: Michael Kane
Sent: Thursday, 17 June 2021 12:35 PM
s.9
(2)
(a)
OI
A
s.9(2)(a) OIA
Subject: Heads-up: LEG paper and SOP for your review tomorrow
Tēnā koutou
Cabinet has given policy approvals for introducing a self-identification process in the Births,
Deaths, Marriages and Relationships Registration Bill. This included amendments to the
provisions recommended by Select Committee, which will be made via an SOP. The Minister
intends to invite the Governance and Administration Committee to undertake an inquiry on the
SOP for three months – giving time for public submissions.
Heads-up: Supplementary Order Paper and Leg paper for agency feedback
We intend to send the legislation paper and SOP to you this
tomorrow for feedback. We would
appreciate getting any comments by
COP Thursday 1 July.
Next steps
Following Agency consultation, the paper will be circulated to Ministers on 12 July, with
feedback due on 23 July. The aim is to go to Leg Committee on 5 August and to Cabinet on 9
August.
Ngā mihi
Michael
Michael Kane (he/him) | Kaitātari Kaupapahere | Policy Analyst
Rōpū Kaupapahere | Policy Group
The Department of Internal Affairs Te Tari Taiwhenua
s.9(2)(a) OIA
45 Pipitea Street | PO Box 805, Wellington 6140, New Zealand | www.dia.govt.nz
===============================================================
WARNING
The information contained in this email message is intended for the addressee only and may contain privileged
information. It may also be subject to the provisions of section 50 of the Policing Act 2008, which creates an
offence to have unlawful possession of Police property. If you are not the intended recipient of this message or
have received this message in error, you must not peruse, use, distribute or copy this message or any of its
contents.
Also note, the views expressed in this message may not necessarily reflect those of the New Zealand Police. If
you have received this message in error, please email or telephone the sender immediately
