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Justice Sector Unique Identifier Code 1998- Amendment No. 1

>>I, MARIE SHROFF, Privacy Commissioner, now issue under section 51 of the Privacy Act 1993, this amendment to the Justice Sector Unique Identifier Code 1998.<<

1. Title

This amendment may be referred to as the Justice Sector Unique Identifier Code 1998 Amendment No. 1.

2. Commencement

This amendment will come into force on 2 March 2006.

3. Amendment to clause 3

Subclause 3(1) is amended in the following manner:

Delete: Definition of Law Enforcement Agency Record Number
Delete: Definition of major traffic offence
Add: offence means an indictable offence, a summary offence, or an infringement offence as those terms are defined in section 2 of the Summary Proceedings Act 1957, and includes any action other than an indictable offence, a summary offence or an infringement offence, in respect of which a warrant for imprisonment, order for community work, or warrant to arrest is imposed against an individual by any New Zealand court

4. Amendment to clause 4

Subclause 4(1) is amended in the following manner:

Delete: (a) the Department for Courts;
Delete: (c) the Land Transport Safety Authority; and
Substitute: (c) Land Transport New Zealand

5. Amendment to clause 5

Delete subrule 5(3) and substitute the following:

A justice sector agency may assign to an individual being processed through the justice system a unique identifier previously assigned by another justice sector agency in the circumstances set out in the Schedule.

6. New Schedule to code

Insert after clause 5 the following Schedule:

Schedule

Agency originally assigning the unique identifier: Police

Circumstances in which unique identifier is originally assigned: Assigned to an individual as a result of the alleged commission by that individual of an offence.

Circumstances in which unique identifier may be re-assigned by other justice sector agencies:

Ministry of Justice – may assign for the purposes of (a) management of proceedings, enforcement of fines and other orders, and communication with other law enforcement agencies where this is necessary for the efficient conduct of proceedings, including the administration of resulting sentences and the enforcement of fines and other orders; and (b) statistical and other research in which resulting reports or compilations will not be in a form that could reasonably be expected to identify any individual concerned.

Department of Corrections - may assign for the purposes of (a) providing information on the imposition of sentences, and the efficient administration of sentences and other orders, and the management of offenders subject to such sentences and orders; and (b) statistical and other research in which resulting reports or compilations will not be in a form that could reasonably be expected to identify any individual concerned.

Land Transport New Zealand – may assign for the purposes of (a) recording notifications from Police of individuals forbidden to drive, and advising Police when those individuals have had valid licences issued; and (b) recording offence notifications from Police of individuals where identification was not confirmed, and advising Police of valid licence details when so determined; and (c) statistical and other research in which resulting reports or compilations will not be in a form that could reasonably be expected to identify any individual or commercial operator concerned.

Agency originally assigning the unique identifier: Ministry of Justice

Circumstances in which unique identifier is originally assigned: Assigned to an individual as a result of the alleged commission by that individual of an offence.

Circumstances in which unique identifier may be re-assigned by other justice sector agencies:

Police – may assign for the purposes of the prevention, detection, investigation, and prosecution of offences and the administration of sentences and the enforcement of fines and other orders.

Department of Corrections - may assign for the purposes of (a) providing information on the imposition of sentences, and the efficient administration of sentences and other orders, and the management of offenders subject to such sentences and orders; and (b) statistical and other research in which resulting reports or compilations will not be in a form that could reasonably be expected to identify any individual concerned.

Agency originally assigning the unique identifier: Land Transport New Zealand

Circumstances in which unique identifier is originally assigned: Assigned to an individual as a result of the issue of a driver licence.

Circumstances in which unique identifier may be re-assigned by other justice sector agencies:

Police – may assign for the purposes of the prevention, detection, investigation, and prosecution of offences and the administration of sentences and the enforcement of fines and other orders.

Ministry Justice – may assign for the purposes of (a) management of proceedings, enforcement of fines and other orders, and communication with other justice sector agencies where this is necessary for the efficient conduct of proceedings, including the administration of resulting sentences and the enforcement of fines and other orders; and (b) statistical and other research in which resulting reports or compilations will not be in a form that could reasonably be expected to identify any individual concerned.

Department of Corrections - may assign for the purposes of (a) providing information on the imposition of sentences, and the efficient administration of sentences and other orders, and the management of offenders subject to such sentences and orders; and (b) statistical and other research in which resulting reports or compilations will not be in a form that could reasonably be expected to identify any individual concerned.

Ministry of Transport - may assign for the purpose of verifying the identity of people who are, or apply to be, registered as owners of vehicles on the Motor Vehicle Register; or holders of licences issued under the Road User Charges Act 1977.

Agency originally assigning the unique identifier: Department of Corrections

Circumstances in which unique identifier is originally assigned: Assigned for the purposes of providing information on the imposition of sentences, and the efficient administration of sentences and other orders, and the management of offenders subject to such sentences and orders.

Circumstances in which unique identifier may be re-assigned by other justice sector agencies:

Ministry of Justice – may assign for the purposes of statistical and other research in which resulting reports or compilations will not be in a form that could reasonably be expected to identify any individual concerned.

Legislative history

10 November 2005 – Public notice of intention to issue amendment (Privacy Act 1993, s.48)
22 December 2005 – Amendment issued (Privacy Act 1993, s.51)
19 January 2006 – Gazette notice concerning issue, commencement and availability (Privacy Act 1993, s.49)
2 March 2006 – Commencement of amendment (Privacy Act 1993, s.49(2)).

Explanatory note

This is not part of the amendment, but is intended to indicate its general effect.

This amendment changes the Justice Sector Unique Identifier Code 1998 by:

  • Deleting the definitions of “Law Enforcement Agency Record Number” and “major traffic offence” and adding a definition of “offence”
  • Amending the list of “justice sector agencies” to which the code applies
  • Replacing the provisions that allow justice sector agencies to re-assign certain unique identifiers assigned by other agencies in the justice sector.


The amendment is deemed to be a regulation for the purposes of the Regulations (Disallowance) Act 1989 – Privacy Act 1993, section 50.