Requests for Release of Pre-sentence Reports

This topic provides a set of guidelines for responding to requests for the release of PSRs. From time to time requests are received from various external agencies for the release of PSRs on specific offenders. In particular, the requests come from the:

• Accident Compensation Corporation (ACC)
• NZ Immigration Service, and
• Ministry of Social Development (Work and Income).

Guidelines for requests received

AII requests received from external agencies for copies of PSRs should:

• be in writing
• specify the information sought
• specify the reason for the request, and
• specify the authority for the request (e.g. Section of Official Information Act (OIA), Social Security Act, etc.).

Guidelines for assessing requests

For every request for information, the manager responsible must make an assessment as to whether there is any public interest in the release of the PSR that outweighs the privacy interests in the particular case.

In general, the following guidelines apply:

• A PSR can be released in full, following a request from the NZ Immigration Service relating to consideration of an offender for deportation.
• Parts of a PSR relevant to an offender's entitlement to a payment, the amount of a payment, or the identification of the offender can be released following a request from ACC relating to determining an offender's entitlement to a payment.
• Parts of a PSR relevant to an offender's entitlement to a benefit, the amount of a benefit, or the identification of the offender can be released following a request from Work and Income relating to determining an offender's entitlement to a benefit.
• Requests received from other agencies for release of PSRs should be considered on a case-by-case basis. A judgement should be made as to whether the public interest in making the information available outweighs the reason for withholding it as defined in section 9 of the Official Information Act 1982.

Authority for release

No part of a PSR is to be released until the request and proposed release have been reviewed and approved by a service or area manager.

Official Information Act 1982

When a report is sought from CPPS by an external agency, the Official Information Act will usually cover the situation.

Legislative references:

• Section 5 of the Official Information Act creates a presumption that official information is to be made available unless there is a good reason for withholding it.
• Section 9 of the Official Information Act sets out good reasons for withholding official information. In particular section 9(2)(a) (privacy) and 9(2)(b) (confidentiality) are likely to be relevant. These are, however, both subject to section 9(1), which provides that although there may be good reason for withholding information, this is subject to whether the public interest in making the information available outweighs the reason for withholding it.

Disclosure to ACC

Some external agencies have specific powers under their authorising legislation to require the provision of information by other agencies. An agency with such powers relevant to the CPPS is the ACC.

The Injury Prevention, Rehabilitation and Compensation Act 2001 specifically requires disclosure by various agencies (including the Department of Corrections) of information in order to:

• verify whether someone is entitled or eligible to any payment, or
• determine the amount of payment someone is entitled to.

Enough information to identify the person is required, including an address, and other details necessary to determine the extent and amount of entitlement.

The Department of Corrections has an information matching agreement with ACC, but this does not cover disclosure of information on offenders serving community-based sentences.

Note: Most of the information contained in a PSR will not be relevant to a request by ACC.

Disclosure to NZ Immigration Service

Legislative reference: When considering a submission for the deportation of an offender, the Minister of Immigration is required to consider the factors listed in section 105 of the Immigration Act 1987 . Many of the factors listed are similar to information contained in a PSR.

In short, the Minister of Immigration must take into account all relevant information about:

• the person's offending
• the interests of the person and their family, and
• the public interest.

Note: It is likely that all the information contained in PSRs will be relevant to those factors to be considered.

Disclosure to Work and Income

Work and Income is entitled to information concerning inmates. This is for the purpose of withdrawing a benefit in respect of an inmate detained in an institution pursuant to section 36F of the Penal Institutions Act 1954. However, there is no similar provision in relation to offenders serving community-based sentences.

Note: It is unlikely that the information contained in a PSR will be relevant to a request by Work and Income, except where it is material to an investigation of benefit fraud.

Access by others

The following table shows the people and agencies that are permitted access to PSRs.