Information about the CSO Register

Purpose

The aim of the Child Sex Offender Register is to improve child safety by having up to date information available on known child sex offenders living in the community that can be used to monitor risk of reoffending.

Who’s registered?

People who have been convicted of sexual offending against children. Specifically, those offenders who have been:

• convicted of a qualifying offence (and were aged 18 years or over, and the victim was under 16 years, when the offence was committed), and were
• sentenced to imprisonment, or
• sentenced to a non-custodial sentence and directed to be registered at the discretion of the sentencing judge.

Qualifying Offences

A full list of individual offence codes can be found in the legislation.

Class 1 offence

• Indecent communication with a young person under 16
• Meeting young person following sexual grooming
• Breach outside New Zealand of prohibitions on use in prostitution of persons under 18 years (in relation to an act specified in section 20, 21 or 22(1) of the Prostitution Reform Act 2003 (victim under 16)
• Organising or promoting child sex tours
• Abduction for purposes of sexual connection (victim under 16)
• Abduction for the purposes of marriage or sexual connection (if victim under 16 and the offender intends to cause the victim to have sexual connection with some other person) Offences involving knowledge in relation to objectionable publications (if the subject, or the subject of the publication is under 16 and the publication deals with sex)
• Exhibition to persons under the age of 18 years (if the exhibition or display is to a person under 16 and the publication deals in sex)
• Offences relating to possession of objectionable publications, involving knowledge (if the subject of the publication is under 16 and the publication deals with sex)
• An offence against section 390 (knowingly importing or exporting objectionable publications) of the Customs and Excise Act 2018, if the subject or a subject of the publication is under 16 and the publication deals with sex
• Prohibition on making intimate visual recording (if the subject of the visual recording is under 16)
• Causing, assisting, facilitating, or encouraging a person under 18 years of age to provide commercial sexual services to any person (victim under 16)
• Receiving a payment if a person knows, or ought reasonably to know, that it is derived, directly or indirectly, from commercial sexual services provided by a person under 18 years of age (victim under 16)
• Entering into a contract or arrangement under which a person under 18 years of age provides commercial sexual services (victim under 16)

Class 2 offence

• Indecent act with consent induced by threat (victim under 16)
• Indecent act on a dependent family member (victim under 16)
• Indecent act on child under 12
• Indecent act on young person under 16
• Indecent assault (victim under 16)
• Exploitative indecent act with person with significant impairment (if victim under 16)
• Indecent assault on man or boy (repealed) (victim under 16)
• Sexual conduct with child or young person outside New Zealand (in relation to an act specified in section 144A(2) or (3)(c)
• Party or accessory to sexual conduct with child or young person outside New Zealand (in relation to an act specified in section 144A(2) or (3)(c) of Crimes Act 1961))
• Causing, assisting, facilitating, or encouraging a person under 18 years of age to provide commercial sexual services to any person, (victim is under 16)
• Receiving payment if a person knows, or aught reasonably to know, that it is derived, directly or indirectly, from commercial sexual services provided by a person under 18 years of age, (victim under 16)
• Entering into a contract or arrangement under which a person under 18 years of age provides commercial sexual services, (victim under 16)

Class 3 offence

• Dealing in people under 18 for sexual exploitation, removal of body parts, or engagement in forced labour, if the victim is under 16 and subject to sexual exploitation
• Sexual violation (victim under 16)
• Attempted sexual violation (victim under 16)
• Assault with intent to commit sexual violation (if victim under 16)
• Sexual connection with consent induced by threat (if victim under 16)
• Incest (if victim under 16)
• Sexual connection with a dependent family member (if victim under 16)
• Attempted sexual connection with a dependent family member (if victim under 16)
• Sexual connection with child under 12
• Attempted sexual connection with child under 12
• Sexual connection with a young person under 16
• Attempted sexual connection with a young person under 16
• Exploitative sexual connection with person with significant impairment (if victim under 16)
• Attempted exploitative sexual connection with person with significant impairment (if victim under 16)
• Sexual conduct with child or young person outside New Zealand (victim under 16)
• Breach outside New Zealand of prohibitions on use in prostitution of persons under 18 years (in relation to an act specified in section 22(2) of the Prostitution Reform Act 2003)(victim under 16)
• Party or accessory to sexual conduct with child or young person outside New Zealand
• An offence against section 22(2) (receiving commercial sexual services from a person under 18 years of age) of the Prostitution Reform Act 2003 (if the victim is under 16)

Length of time on register

A person is registered for either 8 years, 15 years or for life, depending on the severity of the offence they committed and the sentence they received.

The registration term starts on the day the registered person is released from prison into the community, or on the day they were sentenced to a non-custodial sentence and registered at the judge’s discretion.

Reporting Requirements

All registered offenders are required to provide a range of personal information to the Child Sex Offender Register.

Initial report

• They must provide an initial report in person to their Police case manager within 72 hours (3 days) of their release from prison.
• If they receive a non-custodial sentence and are directed to be registered by a judge, this information must be provided in person to a Police case manager within 72 hours (3 days) of being sentenced.
• The initial report covers a range of information including passport details, place of residence, work, car and identity information such as photographs and fingerprints.

Updating any changes

They are required to update any change of their details, either to their Police Case Manager or via an 0800 number:

• If they change where they are living (i.e. where they are generally living or can be found) anticipate a change in the details of any child who resides in the same place of residence and of the child’s principal caregiver, or they intend to travel from their home address for more than 48 hours, they are required to inform the register at least 48 hours before the change.
• If there are changes to information relating to telecommunications, computer devices and internet use, they are required to inform the register no more than 48 hours after the change.
• All other changes have to be advised within 72 hours (3 days) of the change.

Annual (Periodic) Report

• They are required to update their information annually in person to their Police case manager.

Travel

• They are required to advise their Police case manager of travel plans at least 48 hours (2 days) prior to travel within New Zealand and at least 7 days before travel overseas. Any changes to these plans also have to be advised.

Information that must be reported:

• Name and any aliases
• Date and place of birth
• Address details (including previous addresses)
• Details of any children living in their household and details of their caregiver
• Phone and cell phone details
• Email addresses
• Internet access and computer device details
• Identification details, such as photos and records of any tattoos, scars or other distinguishing marks
• Passport, nationality, and citizenship details
• Employment/volunteer details (including details of the job, name of employer, address of workplace)
• Education or training courses they attend or are enrolled in
• Vehicle details
• Details of clubs or organisations that they are involved with that have child membership or participation
• Travel plans (including details of children travelling or staying with them)

Failure to report

If the registered person fails to comply with reporting requirements, or provides false or misleading information, this is an offence, and the person will be liable for a fine and/or a term of imprisonment:

• failing to comply with reporting obligations – fine of up to $2,000 and/or imprisonment of up to one year
• providing false or misleading information – fine of up to $4,000 and/or imprisonment of up to two years

Access to information on the register

• Only authorised personnel from Police and Corrections have direct access to the information on the Child Sex Offender Register. There is no public access to information on the register.
• Some other Government agencies (Ministry of Social Development, and Housing New Zealand, Department of Internal Affairs and Customs) may be given relevant information about registered individuals in the interests of public safety.
• Police and Corrections staff have the authority to release information to an affected person (eg. a parent, teacher or regular care-giver of the child) if it is believed that the registered person poses a threat to the life, or the sexual safety of a specific child or children. There are disclosure protocols for releasing information, and any unauthorised passing-on of that information by the affected person is an offence.