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

 

 

-----Original Message-----
From: Diane Sparkes <[FOI #9999 email]>
Sent: Thursday, 4 April 2019 11:35 AM
To: OIA <[email address]>
Subject: Official Information request - 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.

 

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

 

-------------------------------------------------------------------

 

This is an Official Information request made via the FYI website.

 

Please use this email address for all replies to this request:

[2][FOI #9999 email]

 

Is [3][DIA request email] the wrong address for Official Information requests
to Department of Internal Affairs? If so, please contact us using this
form:

[4]https://fyi.org.nz/change_request/new?bo...

 

Disclaimer: This message and any reply that you make will be published on
the internet. Our privacy and copyright policies:

[5]https://fyi.org.nz/help/officers

 

If you find this service useful as an Official Information officer, please
ask your web manager to link to us from your organisation's OIA or LGOIMA
page.

 

 

-------------------------------------------------------------------

 

References

Visible links
1. http://www.dia.govt.nz/
2. mailto:[FOI #9999 email]
3. mailto:[DIA request email]
4. https://fyi.org.nz/change_request/new?bo...
5. https://fyi.org.nz/help/officers

hide quoted sections

Hi Diane,

 

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

 

Regards, Emma

 

 

-----Original Message-----
From: Diane Sparkes <[FYI request #9999 email]>
Sent: Thursday, 4 April 2019 11:35 AM
To: OIA <[email address]>
Subject: Official Information request - 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.

 

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

 

-------------------------------------------------------------------

 

This is an Official Information request made via the FYI website.

 

Please use this email address for all replies to this request:

[1][FYI request #9999 email]

 

Is [2][DIA request email] the wrong address for Official Information requests
to Department of Internal Affairs? If so, please contact us using this
form:

[3]https://fyi.org.nz/change_request/new?bo...

 

Disclaimer: This message and any reply that you make will be published on
the internet. Our privacy and copyright policies:

[4]https://fyi.org.nz/help/officers

 

If you find this service useful as an Official Information officer, please
ask your web manager to link to us from your organisation's OIA or LGOIMA
page.

 

 

-------------------------------------------------------------------

 

References

Visible links
1. mailto:[FYI request #9999 email]
2. mailto:[DIA request email]
3. https://fyi.org.nz/change_request/new?bo...
4. https://fyi.org.nz/help/officers

hide quoted sections