Crown Property BC
Ens-Rationis made this Official Information request to Department of Internal Affairs
Response to this request is long overdue. By law Department of Internal Affairs should have responded by now (details and exceptions). The requester can complain to the Ombudsman.
From: Ens-Rationis
To the Department of Internal Affairs (DIA),
A NZ birth certificate is Crown property issued to an individual upon their request by the Crown’s agent, namely, the Registrar of the Department of Internal Affairs. Is this a fact?
When Registrars/DIA employ such wording as “We have issued you YOUR birth certificate…”, does such wording imply a transfer of property ownership, or does the birth document remain the rightful property of the Crown?
If the immediate-above is true, what then becomes the status of the receiver of the document, if not “owner”, upon its receipt? (eg. keeper, storer, holder, processor)
Are all forms, documents and works created by the Crown's departments, agencies and entities classified as 'Crown property'?
Thank you,
Ens-Rationis
From: DIA Info
Department of Internal Affairs
Kia ora Ens-Rationis
This is being answered as a business enquiry.
Question: A NZ birth certificate is Crown property issued to an individual
upon their request by the Crown’s agent, namely, the Registrar of the
Department of Internal Affairs. Is this a fact?
Answer: A New Zealand Birth Certificate is a document that contains the
information specified by the Births, Deaths, Marriages, and Relationships
Registration (Prescribed Information) Regulations 1995 and is issued
pursuant to the Births, Deaths, Marriages, and Relationships Registration
Act 2021. A New Zealand birth certificate is an official document
containing registered information about a person’s birth as at the date of
issue.
Question: When Registrars/DIA employ such wording as “We have issued you
YOUR birth certificate…”, does such wording imply a transfer of property
ownership, or does the birth document remain the rightful property of the
Crown?
Answer: The issue of a New Zealand Birth Certificate pursuant to the
Births, Deaths, Marriages, and Relationships Registration Act 2021, is not
property ownership or transfer of property.
Question: If the immediate-above is true, what then becomes the status of
the receiver of the document, if not “owner”, upon its receipt? (eg.
keeper, storer, holder, processor)
Answer: No.
Question: Are all forms, documents and works created by the Crown's
departments, agencies and entities classified as 'Crown property'?
Answer: The question is too extensive across all government departments
and their services to answer.
Nâku noa,
Nâ Yvonne
Service Advice and Support
Kâwai ki te iwi | Service Delivery and Operations
Te Tari Taiwhenua |The Department of Internal Affairs
[1]www.dia.govt.nz
[2]Logo-test
show quoted sections
From: Ens-Rationis
TO: DIA Info / Yvonne / Service Advice and Support,
The Official Information Act 1982 (Act) is administered by the Ministry of Justice. Under the Act you are not permitted to relegate the status of a request to be treated and answered as a 'business enquiry'.
The Ministry of Justice have set OIA guidelines for all government agencies, including the Department of Internal Affairs, to follow.
https://www.ombudsman.parliament.nz/site...
In a previous information request, the Ministry of Justice stated that:
"[T]here is no such procedure" regarding the procedure by which a Public Service Agency may determinedly downgrade the status of an 'official information request' to be thereafter deemed a 'business enquiry'.
https://fyi.org.nz/request/21462/respons...
To question 4 you answered:
"The question is too extensive across all government departments
and their services to answer."
Such a reply is unreasonable and a contravention of the Act, whereas you may hold the requested information (or part of it), and are thus directed to follow DIA's online Statement, which provides no guidance concerning "business enquiries":
https://www.dia.govt.nz/Official-Informa...
The State Services Code of Conduct is available for your guidance:
WE MUST BE FAIR, IMPARTIAL, RESPONSIBLE & TRUSTWORTHY:
We must:
– treat everyone fairly and with respect
– be professional and responsive
– work to make government services accessible and effective
– strive to make a difference to the well-being of New Zealand and all its people.
RESPONSIBLE
We must:
– act lawfully and objectively
– use our organisation’s resources carefully and only for intended purposes
– treat information with care and use it only for proper purposes
– work to improve the performance and efficiency of our organisation.
https://www.publicservice.govt.nz/guidan...
The Integrity and Conduct principles are available for your guidance:
"As public servants, we and our agencies have a duty to uphold high standards of integrity and conduct. New Zealand’s public sector is in the privileged position of having high levels of public trust and confidence. However, this shouldn’t be taken for granted. We need to keep behaving in a way that retains the faith of Ministers, Parliament and people of New Zealand, or we will lose our legitimacy and undermine the credibility we need to do our work. We must be able to show we are trustworthy, that we act in the interests of the people in New Zealand, and never for our personal gain."
https://www.publicservice.govt.nz/guidan...
The Public Service Act 2020 is available for your guidance:
https://legislation.govt.nz/act/public/2...
Your answers are unsatisfactory. So for further clarification the original questions are simplified as follows:
1. Is the NZ birth certificate Crown property?
2. Does the birth document remain property of the Crown after issuance to an individual? (i.e. "your" certificate)
3. Does the 'receiver' of a birth certificate become the 'holder' of it upon receipt from DIA?
To resolve the issue immediately, it is reiterated that you are required to respond to this request as an Official Information Request, and not a mere business enquiry. Failure to do so will give rise to reasonable grounds for complaint and an investigation of the administrative conduct of your department, including your handling of official information requests.
Thank you,
Ens-Rationis
From: SDO Official Correspondence
Department of Internal Affairs
Tçnâ koe Ens-Rationis,
It may be helpful for me to explain, where information can be freely
provided without the need for collation or consultation, and the nature of
the information does not require considerations for withholding or refusal
under the Official Information Act (OIA), there is no need to action it as
an OIA request.
It is important you understand that even if actioned as an OIA request,
the answers to your questions would remain the same. It was simply not
actioned as an OIA request to alleviate the administrative burden that
comes with processes in place for OIA requests. This also means that you
get the same answer more quickly.
With regards to your paraphrased questions below, I am advised the
previous answers provided 7 July 2023 by the Service Advice and Support
remain the same:
1. Is the NZ birth certificate Crown property?
Answer: A New Zealand Birth Certificate is a document that contains the
information specified by the Births, Deaths, Marriages, and Relationships
Registration (Prescribed Information) Regulations 1995 and is issued
pursuant to the Births, Deaths, Marriages, and Relationships Registration
Act 2021. A New Zealand birth certificate is an official document
containing registered information about a person’s birth as at the date of
issue.
2. Does the birth document remain property of the Crown after issuance to
an individual? (i.e. "your" certificate)
Answer: The issue of a New Zealand Birth Certificate pursuant to the
Births, Deaths, Marriages, and Relationships Registration Act 2021, is not
property ownership or transfer of property.
3. Does the 'receiver' of a birth certificate become the 'holder' of it
upon receipt from DIA?
Answer: No
If this response does not meet your satisfaction, information on how to
make a complaint is available at www.ombudsman.parliament.nz or freephone
0800 802 602.
Nâku noa, nâ
Micheala Ngaia [1](ia/she/her)| Official Correspondence Manager
Te Pâhekoheko, Kâwai ki te iwi | Operations, Service Delivery and
Operations
Te Tari Taiwhenua The Department of Internal Affairs
[2]www.dia.govt.nz
References
Visible links
1. https://www.publicservice.govt.nz/our-wo...
2. http://www.dia.govt.nz/
From: Ens-Rationis
To SDO Official Correspondence,
Your answers are unsatisfactorily non-answers, even wilfully so.
Ens-Rationis
From: Ens-Rationis
TO: SDO Official Correspondence,
We are still awaiting satisfactory responses to the request, whereas the ones you've previously provided are non-answers.
1. Is the NZ birth certificate Crown property?
Answer: A New Zealand Birth Certificate is a document that contains the
information specified by the Births, Deaths, Marriages, and Relationships
Registration (Prescribed Information) Regulations 1995 and is issued
pursuant to the Births, Deaths, Marriages, and Relationships Registration
Act 2021. A New Zealand birth certificate is an official document
containing registered information about a person’s birth as at the date of
issue.
NOTE: You've given a description of what that birth document is without answering the question.
2. Does the birth document remain property of the Crown after issuance to
an individual? (i.e. "your" certificate)
Answer: The issue of a New Zealand Birth Certificate pursuant to the
Births, Deaths, Marriages, and Relationships Registration Act 2021, is not
property ownership or transfer of property.
NOTE: Why, then, does DIA/BDM use words such as "your" implying 'ownership' of a thing?
3. Does the 'receiver' of a birth certificate become the 'holder' of it
upon receipt from DIA?
Answer: No
NOTE: Again, why does DIA/BDM use words such as "your" implying 'ownership' of a thing?
Ens-Rationis
From: DIA Info
Department of Internal Affairs
Kia ora Ens_Rationis
You have asked the following questions that we are answering as a business
enquiry.
1. Is the NZ birth certificate Crown property?
Answer: No. A New Zealand Birth Certificate is a document that contains
the information specified by the Births, Deaths, Marriages, and
Relationships Registration (Prescribed Information) Regulations 1995 and
is issued pursuant to the Births, Deaths, Marriages, and Relationships
Registration Act 2021. A New Zealand birth certificate is an official
document containing registered information about a person’s birth as at
the date of issue.
2. Does the birth document remain property of the Crown after issuance to
an individual?
Answer: No. The issue of a New Zealand Birth Certificate pursuant to the
Births, Deaths, Marriages, and Relationships Registration Act 2021, is not
property ownership or transfer of property.
3. Does the 'receiver' of a birth certificate become the 'holder' of it
upon receipt from DIA?
No: A birth certificate is just the public record of the life event. It
may be helpful for me to explain that New Zealand life event records are
public records. This means that anyone can request a certificate or
printout of a record, even if it is someone else’s.
4. You also keep asking - Why does DIA/BDM use words such as "your"
implying 'ownership' of a thing?
The use of ‘your’ can be interpreted as ‘relating to’ rather than
ownership of a thing.
If this response does not meet your satisfaction, information on how to
make a complaint is available at [1]www.ombudsman.parliament.nz or
freephone 0800 802 602.
Nâku noa,
Nâ Yvonne
Service Advice and Support
Kâwai ki te iwi | Service Delivery and Operations
Te Tari Taiwhenua |The Department of Internal Affairs
[2]www.dia.govt.nz
[3]Logo-test
References
Visible links
1. http://www.ombudsman.parliament.nz/
http://www.ombudsman.parliament.nz/
2. http://www.dia.govt.nz/
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