When does the registration start?

The registration period 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.

The offender who is sentenced to imprisonment is recorded on the register when they are sentenced, and given notice that they will be required to report once they are released.

What is required of people registered on the Child Sex Offender Register?

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

An initial report

  • They must provide an initial report 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 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 within 48 hours (2 days) or 72 hours (3 days) of the change depending on the nature of what has changed.
  • They are required to update at least 48 hours BEFORE they change where they are living or anticipate changes to details of children (or their caregivers) living with them.

An annual report

  • They are required to update their information annually (that’s called a periodic report).

Travel

  • They are required to advise the register of travel plans at least 48 hours (2 days) prior to travel within New Zealand or at least 7 days before travel overseas.

What information does the registered person have to provide?

  • Name and any aliases
  • Date and place of birth
  • Nationality
  • Address details (including previous addresses)
  • Details of any children living in their household
  • Details of the caregiver of any children living in their household
  • Phone and cell phone details
  • Email addresses
  • Internet access details
  • Identification details, such as photos and records of any tattoos, scars or other distinguishing marks
  • Passport and citizenship details
  • Employment details (including details of the job, name of employer, address of workplace)
  • Volunteer work details
  • 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)

Who has access to the information on the Child Sex Offender Register?

Only authorised personnel from Police and Corrections have direct access to the information on the 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.

Under what circumstances is information released to a third party?

Police and Corrections cannot release information about a registered person unless it is assessed that there is a need to do so to protect a child or children from a significant threat. In these situations, details about the registered offender can be disclosed to the relevant people involved with the children e.g., parents, schools, and caregivers. Guidance can then be given on how to best keep children safe.

Where information about someone on the register is released, there are strict disclosure protocols that must be adhered to. It is an offence (with a penalty of up to six months imprisonment) for someone to pass on that information.

What happens if a registered offender fails 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

What right of review or appeal is there for someone who is registered?

There is a right of review and appeal process available in certain circumstances:

  • The offender can have the details of their registration reviewed by the Commissioner of Police if they believe that they have been placed on the register in error or an error was made in working out the length of the reporting period.
  • If the offender received a non-custodial sentence and the judge ordered them to be registered, the offender can appeal their registration to the District Court within 20 working days of being given notice of the registration.
  • If the offender is registered for life, they can seek a review by the District Court of their reporting obligations after 15 years of registration.
  • The Commissioner of Police can review reporting obligations during registration if the offender becomes seriously ill or suffers from an impairment that makes it impossible for them to meet reporting obligations.