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Home / New Zealand

Phillip Smith case not behind Births, Deaths and Marriages review

NZME.
21 Jan, 2015 03:41 AM4 mins to read

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Phillip Smith. Photo / Supplied

Phillip Smith. Photo / Supplied

Cases such as Phillip Smith's flight from New Zealand on an allegedly unlawfully obtained passport are not behind a review of how public records are accessed, officials say.

The Department of Internal Affairs today announced it was reviewing the way in which members of the public could access Births, Deaths and Marriages records.

At present, anyone could access copies of these records for research and study.

Internal Affairs Minister Peter Dunne said current rules came into force in 2009 as part of the Births, Deaths and Marriages Act, and it was a requirement they be reviewed after five years.

Mr Dunne said the review would allow the Government to see whether current rules on how people accessed government-held birth, death, marriage, civil union and name change records were adequate and effective.

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Last year, convicted murderer and child molester Phillip Smith was charged with escaping custody and unlawfully obtaining a passport.

Smith was caught in Rio de Janeiro after allegedly fleeing New Zealand while on temporary release from Spring Hill Corrections Facility in South Auckland, where he was serving a life term.

A spokesman for Mr Dunne's office said the review was being carried out as a legal requirement and cases such as Smith's had no influence.

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"It is required to see whether the Act has fit the purpose five years down the track. There are no expectations that there will be any major changes required," he said.

"We are not doing the review as a consequence of any problem as such."

The application process for applying for a passport was robust, he said.

All documents requested by members of the public were provided as copies, not as registered documents for identity verification purposes, which would be needed to apply for a new passport.

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"Generally speaking for a new application for a passport, for which original documents are required, the processes are pretty robust.

"It is unlikely any tidying up is needed, because it is pretty stringent now."

The spokesman said cases of identity fraud would not be studied individually as part of the review, but as with any review, they would ensure the best possible protections were in place.

"They will review and make sure protections are in place, and that any information provided [to the public] can't be used to procure things like a passport dishonestly ... or taking a dead person's identity for example. They would do that as a matter of course."

NetSafe executive director Martin Cocker said tools were being developed by the Government that provided reliable authentication of people who were accessing government records, particularly online.

"The Department of Internal Affairs has the RealMe authentication system and we would just like to see further investment in those to make them as robust and reliable as possible."

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RealMe allows users to securely prove their identity online, and access online services with a single username and password.

Mr Cocker said post offices across the country were using the system to correctly identify people.

"If you have that system up and running and it delivers what it promises, we know the people accessing the records are the people we want to be accessing the records," Mr Cocker said.

A Privacy Commission spokesman said it had received an invitation from Internal Affairs today to participate in the consultation, "and we look forward to participating in the review process".

Identity fraud cases:

* Convicted murderer Phillip John Smith was charged with escaping custody and unlawfully obtaining a passport.

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Smith was caught in Rio de Janeiro in November 2014 after allegedly fleeing New Zealand while on temporary release from Spring Hill Corrections Facility in South Auckland. He was allegedly travelling using a passport issued to him under his birth name Traynor.

* In 2010 it was revealed that former Act MP David Garrett had used the identity of a dead baby to apply for a passport in 1984, and gave a fake address on the application form.

* Retired gardener Colin Diedrichs, 82, used the identities of dead children to apply for government benefits, and hid the money in 29 different bank accounts. In 2012 he was sentenced to three years and two months in prison.

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