Civil Rights and Freedoms - UNCROC - Sixth Periodic Report by the Government of New Zealand 2021
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Reply to Right to identity - 13
Domestic surrogacy arrangements in New Zealand require an adoption to legalise the relationship between the commissioning parents and the child. This involves a social work assessment and report with details about the biological parents of the child, details about the surrogate and an assessment of the suitability of the adoptive applicants (commissioning parents) to adopt the child.
New Zealand has also established a set of guidelines to inform decisions and the approach taken to cases of international surrogacy. Requirements of the guidelines include as much information as possible about the specific circumstances of the arrangement to be made available. In the event the commissioning parents wish to permanently reside in New Zealand with the child, the parental relationships between the child and their commissioning parents must be made legal by way of an Adoption Order. An assessment of suitability and full information about the circumstances of the child’s creation is provided to the Family Court in the form of a report by a social worker. This information is secured on the Court file and thus available to the child in the future. In all adoption practice, openness is promoted and supported.
Reply to Right to privacy - 14a
The Approved Information Sharing Agreement (AISA) has been superseded by the OTA information sharing provisions. From 2019, the changes to section 66 of the OTA give child welfare and protection agencies (agencies) the ability to request, collect, use and share personal information for purposes related to the wellbeing and safety of children. The new provisions are designed to put the child at the centre of the provision of support and services. Oranga Tamariki has provided comprehensive guidance for agencies on using the new information sharing provisions in the OTA.
The Children’s Teams to which the AISA applied are gradually shifting to new, community-based approaches as these are developed.
Reply to Right to privacy - 14(b)
The OTA information sharing provisions explicitly require that the best interests of the child are at the forefront of decisions made around the collection, use, storage and dissemination of information regarding that child where that information is to be collected, used or disclosure for the purposes set out in the legislation.
MOE has prepared education specific guidelines to assist staff to apply the information sharing provisions appropriately in context of working with learners. Their evaluation teams work with privacy experts to ensure that the information being collected is appropriate and is being collected in a way that is appropriate when information is required from a learner.
Reply to Right to privacy - 14(c)
MSD has developed the publicly available Privacy, Human Rights and Ethics Framework (PHRaE). This consists of a set of materials, including an interactive tool with built in guidance, and a team of specialists. The PHRaE provides a structured tool to assess the privacy, human rights and ethical impacts of using personal information to develop new services, which helps ensure MSD acts responsibly in relation to these matters. Information about PHRaE is publicly available online.
Several government agencies are signatory to Stats NZ’s Algorithmic Transparency Charter and the Data Protection and Use Policy run by the Social Wellbeing Agency. Oranga Tamariki does not use predictive risk modelling in front line decision making, however ensures it has rigorous ethics, privacy and confidentiality protocol for the use of data and research in all areas of work concerning the children in its system.
Reply to Right to privacy - 14(d)
The Privacy Act 2020 repealed and replaced the Privacy Act 1993 from 1 December 2020.
Principle 4 of the Privacy Act 2020 requires that agencies take particular care when they are collecting information from children and young people and that they do so in a way that is fair and reasonable. This includes recognition that children’s personal information merits specific protection because children may be less aware of the risks, consequences and safeguards of providing personal information.
While security intelligence agencies in New Zealand are exempt from most of the privacy principles, an access request can still be made for the information collected. If any intelligence agency refuses an access request, a complaint can be made to the Office of the Privacy Commissioner who can investigate and independently verify whether there is good reason to withhold some or all of the information.
Reply to Access to appropriate information - 15(a)
The Government has been progressively rolling out improved broadband to rural and remote areas through the Rural Broadband Initiative (RBI). Phase 1 concluded in 2016 with an estimated 300,000 rural homes and businesses receiving access to a broadband connection. Phase 2 commenced in 2017 and will conclude by 2023 to provide an estimated 84,000 additional rural homes and businesses will access to improved broadband of 20Mbps.
Additionally, the Marae Digital Connectivity programme deploys high speed broadband to the approximately 850 marae (meeting houses) that are eligible for a connection, with initial installation and training costs for the first five years fully funded by the Crown. Marae can provide a rural digital hub for communities.
Reply to Access to appropriate information - 15(b)
DIA has launched a public awareness ‘Keep it Real Online’ campaign to help keep children and young people safe from online harms. The first phase of the campaign focused on supporting parents and caregivers to manage online risks for children and young people. The second phase of the campaign has been launched with messages directed at young people and updated resources on the website. Different age groups will be targeted in different ways to ensure messaging is effective and children and young people can get age-appropriate information and resources to stay safe online.
To protect children from online harm within the school environment, MOE has developed The Digital Technology: Safe and responsible use in schools guide to help all schools develop a safe digital environment. NetSafe provided support on the development of this tool, and also supports schools to proactively manage digital safety through their website.
