Printed from https://fyi.org.nz/request/9999-a-decision-was-made-in-2012-by-the-department-of-internal-affairs-dia-to-make-changes-to-its-policy-on-the-issue-of-nz-passports-changes-that-appear-contrary-to-the-passports-act-1992 on November 22, 2024 05:04

We don't know whether the most recent response to this request contains information or not – if you are Diane Sparkes please sign in and let everyone know.

A decision was made in 2012 by the Department of Internal Affairs (DIA) to make changes to its policy on the issue of NZ Passports – changes that appear contrary to the passports Act 1992.

Diane Sparkes made this Official Information request to Department of Internal Affairs

This request has an unknown status. We're waiting for Diane Sparkes to read a recent response and update the status.

From: Diane Sparkes

Dear Department of Internal Affairs,

There are four questions for the (DIA) to answer.

1. By what process did the (DIA) take in deciding that self identification of gender would have any legality in NZ law?

2. In the (DIA) 2012 policy review – why was the act not amended to bring legality to that policy change?

3. As the Passport Act 1992 has never shown any intention to exclude the court process in favour of a self identifying declaration by the applicant – by what means does it justify its policy change as it cannot be seen as being supported in law.

4. It would appear that a number of applicants have already been supplied with passports using the self ID process.

(a) It is asked that the (DIA) confirm that the holder of such a passport with a self identifying statement showing their sex as female – when that has not been confirmed by the court process, that it is a true statement.

(b) That they will not legally by any court - be held accountable for holding a fraudulent document at the border in some other country – should their true anatomical sex be seen as different when viewed by modern whole body scanners that can reveal the anatomy of the human body in very significant detail. For example, showing male genitalia when the passport sex states female. Or naturally that the opposite.

Please provide answers to requested information via the FYI website, providing copies of all relevant communications documentation that have taken place. Both prior to and following the date this department policy saw the need to review its policy and subsequent change, together with any additional documentation as is appropriate in order for a satisfactory explanation to be understood.

Yours faithfully,

Diane Sparkes

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From: OIA
Department of Internal Affairs

Kia ora  Diane

 

Thank you for your OIA request to the Department of Internal Affairs
(included with this email).

 

The Department will provide its response to your request as soon as
practicable and within twenty working days.  The 20^th working day is 7
May 2019

 

Please note that in cases where the Department’s response provides
information that is identified to be of general public interest, the
response may also be published on the Department of Internal Affairs
website.  If the Department publishes its response to your OIA request,
all personal information, including your name and contact details, will be
removed. 

 

Ngā Mihi

Rebecca

 

Rebecca Kearns | Principal Governance Advisor | Governance, Risk and
Assurance |

Strategy and Governance Branch
The Department of Internal Affairs | Te Tari Taiwhenua   

45 Pipitea Street, Wellington 6011, New Zealand

[1]www.dia.govt.nz

 

 

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From: SDO Official Correspondence
Department of Internal Affairs

Attachment OIA response Sparkes.pdf
157K Download View as HTML

Attachment 1.Passport operational policy on gender identity prior to 2012 review.pdf
560K Download View as HTML

Attachment 2.UK Passport Office policy review.pdf
1.3M Download View as HTML

Attachment 3.Australian passport policy review.pdf
3.1M Download View as HTML

Attachment 4.Change of Gender Presentation.pdf
802K Download View as HTML

Attachment 5.Extract from IA status report to Minister week ending 15 June 2012.pdf
618K Download View as HTML

Attachment 6.Request for feedback on proposed policy change posted on HRC website.pdf
543K Download View as HTML

Attachment 7.Feedback emails to the Passport Office.pdf
1.4M Download View as HTML

Attachment 8.New 2012 Policy on Gender Identity.pdf
558K Download View as HTML

Attachment 9.Change in Gender Identity Website Information 2012.pdf
566K Download View as HTML

Attachment 10.FAQ s Changing Sex Gender Details.pdf
548K Download View as HTML

Hi Diane,

 

Please find attached a response to your recent request for information.

 

Regards, Emma

 

 

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