From:
HOLDAWAY, Heather
To:
Frost, Kerryn; WOOD, Jesse (WELLHO)
Cc:
HORAN, Marian (WELLHO); Wheeler, Sally; SMITH, Amy; VAN PEER, Tanja; PIECK, Karin (Karin Pieck)
Subject:
RE: [EXTERNAL] RE: Heads-up: LEG paper and SOP for your review tomorrow
Date:
Friday, 9 July 2021 4:32:00 PM
Attachments:
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Kia ora Jesse
Thanks for the question. I’ve spoken to operational staff in the district custody unit and our National
Forensic Staff.
Based on the advice received, the changes proposed are not anticipated to affect how Police determine
someone’s sex or gender when segregating people at custody. s.9(2)(g) OIA
the sex marker attributed to a
person in the NIA is entered when someone is apprehended by police and identifying particulars taken,
drivers licence etc may be used to verify this information.
Best practice would dictate that when someone is in police custody and identifying particulars are being
taken, they are asked how they identify and that would be the starting base for the sex / gender
information captured in NIA.
Cheers
Heather
Heather Holdaway
Assistant Policy Advisor (she/her)
Criminal Justice Policy
s.9(2)(a) OIA
E: [email address]
From: Frost, Kerryn
Sent: Friday, 9 July 2021 2:30 pm
To: WOOD, Jesse (WELLHO) ; HOLDAWAY, Heather
Cc: HORAN, Marian (WELLHO) ; Wheeler, Sally
Subject: [EXTERNAL] RE: Heads-up: LEG paper and SOP for your review tomorrow
CAUTION: This email originated from outside of the organization. Do not click links or open attachments
unless you recognize the sender and know the content is safe.
Kia ora Jesse,
Thanks for your email. I’ve checked in with our relevant policy teams and with our Operations & Service
Delivery Group about the issue you raise below.
Our OSD Group has advised that the Court is not directly involved in placement of people in court cells (in
terms of which cells they are placed in). This is determined by Corrections if they are people on remand in
custody or Police if arrested and detained in cells or going into the cells to await signing of bail bonds.
Based on that advice, it doesn’t look like it will have an impact from our end.
Kia ora
Thank you for giving us an opportunity to feedback on this SOP.
We have several comments below.
One point of interest, and this may be a question for police / justice. Will the self-identification
proposals impact how they determine sex/gender for people being taken into custody / facing
court cases? This is because any impacts here may subsequently impact Corrections as we often
rely on their determinations of gender/sex to inform our initial prison placement. If you could put
us directly in contact with the policy people from police/justice we are happy to discuss this with
them.
Self-identification for birth certificates should not impact how other agencies, including police and justice
determine the sex and gender of people. The policy intent is to amend sex on the birth register/birth
certificates not how other agencies determine and record sex or gender. We understand from Police that
birth certificates are not how they determine gender for offences. I have copied in Heather and Kerryn
our Police and Justice contacts in case you would like more information.
In paragraph 10 you could potentially add a sentence acknowledging the confusion with the word
sex on birth certificates now that it sometimes means gender as well as sex. Thanks.
This might be in the RIS. But if sex markers on birth certificates are expanded has it been explored
how this will interact with databases and info collection from agencies, businesses etc.
We do not believe other agencies and organisations systems need to be updated to reflect the range of
markers available on birth certificates. As above, the policy intent is not to change how other agencies or
organisations determine a person’s sex or gender. As set out in new section 80(2) individuals and agencies
can take into account other matters. We will work with other agencies that may rely more on birth
certificates as part of implementation eg, education and NZTA.
Is it known what the impacts are of differing sex markers when doing international paperwork, e.g.
citizenships, visas, etc?
If I understand correctly, your question is about New Zealanders applying for visas and citizenship
applications overseas? We haven’t looked into this specifically due to our time constraints, but do not
foresee it as being a problem. In some case people may need to provide birth certificates when applying
but we are not aware of any requirements for the gender/sex information on the birth certificate to align
with marker options in other countries paperwork. If this became an issue, we look at issuing guidance as
we currently do for traveling on passports with a “X” marker.
· We note some concern about the lack of consultation being undergone on changes, but
acknowledge that consultation will be undergone further at select committee. Thanks.
· In paragraph 28, you might want to make it clearer that people born overseas cannot obtain a family
court declaration. It is not clear currently. Thanks.
Happy to discuss any of these points through this further.
Ngā mihi
Jesse Wood (he/him)
Policy Adviser | Corrections Policy
Ara Poutama Aotearoa,
Department of Corrections
Wāhi mahi: National Office, Freyberg Building, 20 Aitken Street, Wellington 6011
Īmēra: [email address]
From: Michael Kane <[email address]>
Sent: 18 June 2021 3:07 p.m.
s.9
(2)
(a)
OI
A
Subject: RE: Heads-up: LEG paper and SOP for your review tomorrow
Tēnā koutou
Further to my email yesterday, please find attached the Supplementary Order Paper amending the self-
identification provisions in the Births, Deaths, Marriages, and Relationships Registration Bill along with the
associated LEG paper. We would appreciate if you could provide feedback on these papers by
COP
Thursday, 1 July. I have also attached the previous Cabinet paper for your reference.
The SOP document is very long as it includes the whole Bill with track-changes for the amendments. The
key pages in the SOP are 12-13, 21-30,52-54, 89-91. Please note that the SOP is a work in progress draft
and subject to peer review and proof reading. There is some placeholder provisions and one drafting
query that you are welcome to comment on.
Thank you again for your support in this work. Feel free to get in touch with any questions.
Ngā mihi
From: Michael Kane
Sent: Thursday, 17 June 2021 12:35 PM
s.9
(2)
(a)
OI
A
s.9(2)(a) OIA
Subject: Heads-up: LEG paper and SOP for your review tomorrow
Tēnā koutou
Cabinet has given policy approvals for introducing a self-identification process in the Births, Deaths,
Marriages and Relationships Registration Bill. This included amendments to the provisions recommended
by Select Committee, which will be made via an SOP. The Minister intends to invite the Governance and
Administration Committee to undertake an inquiry on the SOP for three months – giving time for public
submissions.
Heads-up: Supplementary Order Paper and Leg paper for agency feedback
We intend to send the legislation paper and SOP to you this
tomorrow for feedback. We would appreciate
getting any comments by
COP Thursday 1 July.
Next steps
Following Agency consultation, the paper will be circulated to Ministers on 12 July, with feedback due on
23 July. The aim is to go to Leg Committee on 5 August and to Cabinet on 9 August.
Ngā mihi
Michael
Michael Kane (he/him) | Kaitātari Kaupapahere | Policy Analyst
Rōpū Kaupapahere | Policy Group
The Department of Internal Affairs Te Tari Taiwhenua
s.9(2)(a) OIA
45 Pipitea Street | PO Box 805, Wellington 6140, New Zealand | www.dia.govt.nz
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