Source document: https://docs-lawep.s3.us-east-2.amazonaws.com/1698941853964.pdf (New Zealand)
Reprint as at 1 October 2008 Criminal Records (Clean Slate) Act 2004 Public Act Date of assent 2004 No 36 16 May 2004 Title Contents Part 1 Preliminary provisions Commencement Overview Interpretation Act binds the Crown Page 3 3 3 4 11 Note Changes authorised by section 17C of the Acts and Regulations Publication Act 1989 have been made in this eprint.

A general outline of these changes is set out in the notes at the end of this eprint, together with other explanatory material about this eprint.
This Act is administered in the Ministry of Justice.
1 Criminal Records (Clean Slate) Act 2004 Reprinted as at 1 October 2008 Part 2 Clean slate scheme Application of clean slate scheme Who is eligible under clean slate scheme Effect of further conviction on eligibility Individual may apply to District Court for order that rehabilitation period need not be completed Individual may apply to District Court for order that rehabilitation period need not be completed or conviction be disregarded Further application Right of appeal Prohibition against publication of applicant’s or appellant’s name Effect of clean slate scheme on eligible individual 14 Effect of clean slate scheme on eligible individual Effect of clean slate scheme on government departments and law enforcement agencies that hold or have access to criminal records Responsibility of chief executives Effect of clean slate scheme on government departments, law enforcement agencies, employees, and contractors Offences Offence to unlawfully disclose information required to be concealed Offence to require or request that individual disregard scheme 15 16 17 18 Exceptions 19 Exceptions to general effect of clean slate scheme Limits on use of criminal records 20 Limits on use of eligible individuals’ criminal records Relationship to other provisions 21 Relationship to other provisions Miscellaneous Rules Application of Legal Services Act 2000 22 23 2 11 12 13 13 14 15 15 15 16 17 17 18 Reprinted as at 1 October 2008 Criminal Records (Clean Slate) Act 2004 Part 1 s 3 Transitional provision 24 Transitional provision relating to answers and responses to questions and requests asked or made before commencement 23 The Parliament of New Zealand enacts as follows: 1 2 3 (1) (2) Title This Act is the Criminal Records (Clean Slate) Act 2004.
Part 1 Preliminary provisions Commencement This Act comes into force on a date to be appointed by the Governor­General by Order in Council.

Overview This Act establishes a clean slate scheme to limit the effect of an individual’s convictions in most circumstances (subject to certain exceptions set out in section 19) if the individual satisﬁes the relevant eligibility criteria.
If an individual satisﬁes the relevant eligibility criteria,— (a) he or she is deemed to have no criminal record for the purposes of any question asked of him or her about his or her criminal record; and he or she has the right to have his or her criminal record concealed by government departments and law enforce­ ment agencies that hold or have access to his or her criminal record.
(b) (3) A general overview of eligibility under the clean slate scheme is set out in diagrammatic form as follows: 3 Part 1 s 4 Criminal Records (Clean Slate) Act 2004 Reprinted as at 1 October 2008 Interpretation In this Act, unless the context otherwise requires,— 4 4 Reprinted as at 1 October 2008 Criminal Records (Clean Slate) Act 2004 Part 1 s 4 clean slate scheme means the scheme established by Part 2 under which an eligible individual— (a) is deemed to have no criminal record for the purposes of any question asked of him or her about his or her criminal record; and has the right to have his or her criminal record concealed by government departments and law enforcement agen­ cies that hold or have access to his or her criminal record (b) (b) (c) community­based sentence means— (a) a community­based sentence as deﬁned in section 4(1) of the Sentencing Act 2002; and a community­based sentence as deﬁned in section 2(1) of the Criminal Justice Act 1985; and a sentence of a similar kind to those referred to in para­ graphs (a) and (b) (including, without limitation, a sen­ tence of community care, a sentence of probation, or a sentence of residential periodic detention) imposed under an earlier corresponding enactment conceal means to protect the criminal record or information about the criminal record of an eligible individual from dis­ closure to a person, body, or agency (including, without limi­ tation, a government department or law enforcement agency) for which there is no lawful authority under this Act to dis­ close the criminal record or any information about the crim­ inal record conviction — (a) means a conviction entered by a court in New Zealand for an offence, including a conviction for a trafﬁc of­ fence; and does not include a conviction entered by a court or court­martial under the Armed Forces Discipline Act 1971 or resulting from an appeal from a decision under that Act (b) criminal record means,— (a) in relation to a question asked of an individual, any— charges laid against him or her that
 have resulted (i) in conviction; and convictions entered against him or her; and sentences imposed on him or her; and (ii) (iii) 5 Part 1 s 4 Criminal Records (Clean Slate) Act 2004 Reprinted as at 1 October 2008 (iv) orders imposed on him or her as a result of a conviction; and (b) in relation to a request for disclosure or an obligation to conceal,— (i) any ofﬁcial record (including, without limitation, an electronic record) that is kept by, or on behalf of, the Crown of— (A) (B) charges that result in conviction; and convictions entered (including, without limitation, any item on a list of previous convictions); and sentences imposed (including, without limitation, any item on a list of previous sentences); and orders imposed on an offender as a result of a conviction; but (C) (D) (ii) does not include details in a marriage certiﬁ­ cate or civil union certiﬁcate of a conviction for bigamy recorded under section 60 of the Births, Deaths, and Marriages Registration Act 1995 (or any corresponding provision of an earlier enact­ ment) or section 62F of that Act and included in the certiﬁcate under regulations made under sec­ tion 88(1)(b) of that Act criminal record: paragraph (b)(ii) of this deﬁnition was amended, as from 26 April 2005, by section 7 Relationships (Statutory References) Act 2005 (2005 No 3) by inserting “or civil union certiﬁcate” after “marriage certiﬁcate”.
criminal record: paragraph (b)(ii) of this deﬁnition was amended, as from 26 April 2005, by section 7 Relationships (Statutory References) Act 2005 (2005 No 3) by inserting “or section 62F of that Act” after “earlier enactment)”.
custodial sentence means a sentence of imprisonment im­ posed under the Sentencing Act 2002 or under any earlier cor­ responding enactment; and includes— (a) (b) (c) a sentence of corrective training; and a sentence of preventive detention; and a sentence of imprisonment served by way of home de­ tention; and a sentence of borstal training; and a sentence of detention centre training; and (d) (e) 6 Reprinted as at 1 October 2008 Criminal Records (Clean Slate) Act 2004 Part 1 s 4 (f) any other sentence that requires the full­time detention of an individual eligible individual means an individual who is eligible to have the clean slate scheme apply to him or her under section 7(1) or as a consequence of an order made by a court under section 9, section 10, or section 12 individual means a natural person, other than a deceased nat­ ural person law enforcement agency means— (a) an agency that holds or has access to information de­ scribed in Schedule 5 of the Privacy Act 1993; and the Department of Labour, the Inland Revenue Depart­ ment, and the New Zealand Customs Service (b) non­custodial sentence includes, but is not limited to, a com­ munity­based sentence, a sentence of home detention, a sen­ tence of a ﬁne or reparation, a suspended sentence of impris­ onment, and a speciﬁed order offence means any act or omission for which a person may be punished under the Crimes Act 1961 or any other enactment, whether on conviction on indictment or on summary convic­ tion prison ofﬁcer means a person who is an ofﬁcer as deﬁned in section 3(1) of the Corrections Act 2004 prison ofﬁcer: this deﬁnition was amended, as from 1 June 2005, by section 206 Corrections Act 2004 (2004 No 50) by substituting “section 3(1) of the Corrections Act 2004” for “section 2(1) of the Penal Institutions Act 1954”.
See clause 2 Corrections Act Commencement Order 2005 (SR 2005/52).
probation ofﬁcer has the same meaning as in section 4(1) of the Sentencing Act 2002 rehabilitation period, in relation to an individual, means any period of not less than 7 consecutive years after the date on which the individual was last sentenced, or a speciﬁed order was last made, in which the individual has not been convicted of an offence registrar means a registrar of a District Court; and includes a deputy registrar of a District Court 7 Part 1 s 4 Criminal Records (Clean Slate) Act 2004 Reprinted as at 1 October 2008 security ofﬁcer has the same meaning as in section 3(1) of the Corrections Act 2004 security ofﬁcer: this deﬁnition was amended, as from 1 June 2005, by section 206 Corrections Act 2004 (2004 No 50) by substituting “section 3(1) of the Corrections Act 2004” for “section 2(1) of the Penal Institutions Act 1954”.
See clause 2 Corrections Act Commencement Order 2005 (SR 2005/52).
sentence means a sentence imposed by a court in New Zealand for a conviction for an offence speciﬁed offence means any of the following offences (a) an offence committed (whether before or after the commencement of the Crimes Amendment Act 2005) against any of the following provisions of the Crimes Act 1961: (i) (ii) section 130 (incest): section 131B(1) (meeting a young person under 16 following sexual grooming, etc): section 144C (organising or promoting child sex tours): section 204A (female genital mutilation): section 204B (further offences relating to female genital mutilation): (iii) (iv) (v) (b) an offence committed after the commencement of the Crimes Amendment Act 2005 against any of the fol­ lowing provisions of the Crimes Act 1961: (i) section 131 (sexual conduct with a dependent family member): section 132 (sexual conduct with a child under 12): section 134 (sexual conduct with a young person under 16): section 138 (sexual exploitation of a person with a signiﬁcant impairment): section 144A (sexual conduct with children and young people outside New Zealand): (ii) (iii) (iv) (v) (c) an offence committed before the commencement of the Crimes Amendment Act 2005 against any of the follow­ ing provisions of the Crimes Act 1961: (i) section 131 (sexual intercourse with a girl under care or protection): 8 Reprinted as at 1 October 2008 Criminal Records (Clean Slate) Act 2004 Part 1 s 4 (ii) (iii) (iv) (v) (vi) section 132 (sexual intercourse with a girl under 12): section 133 (indecency with a girl under 12): section 134 (sexual intercourse or indecency with a girl between 12 and 16): section 138 (sexual intercourse with a severely subnormal woman or girl): section 139 (indecent act between a woman and a girl): section 140 (indecency with a boy under 12): (vii) (viii) section 140A (indecency with a boy between 12 (d) (e) (ix) (x) and 16): section 142 (anal intercourse): section 144A (sexual conduct with children out­ side New Zealand): an offence against any of the following provisions of the Crimes Act
 1908: (i) (ii) section 153 (unnatural offence): section 154 (attempt to commit unnatural of­ fence): section 155 (incest): (iii) section 208 (indecent assault): (iv) section 211 (rape): (v) section 213 (attempt to commit rape): (vi) (vii) section 214 (deﬁling children under 12): (viii) section 215 (attempting to deﬁle a child under (ix) (x) 12): section 216 (deﬁling girls between 12 and 16): section 217 (deﬁling idiot or imbecile woman or girl): section 218 (procuring deﬁlement of girls): (xi) an attempt to commit an offence against a provision listed in any of paragraphs (a) to (d), if— (i) the offence is not itself speciﬁed as an attempt; and the provision does not provide that the offence may be completed on an attempt: (ii) (f) a conspiracy to commit an offence against a provision listed in any of paragraphs (a) to (d): 9 Part 1 s 4 Criminal Records (Clean Slate) Act 2004 Reprinted as at 1 October 2008 (g) being an accessory after the fact in relation to an offence against a provision listed in any of paragraphs (a) to (d).
this deﬁnition was substituted, as from 20 May 2005, by speciﬁed offence: section 10 Crimes Amendment Act 2005 (2005 No 41).
speciﬁed order means— (a) a direction made by a court in New Zealand, as a result of a conviction for an offence, that an offender be con­ victed and discharged under— (i) (ii) (iii) (iv) section 108 of the Sentencing Act 2002; or section 20 of the Criminal Justice Act 1985; or section 347 of the Crimes Act 1961; or section 42(3) of the Criminal Justice Act 1954; or section 18(l)(b) of the Offenders Probation Act 1920; or a corresponding provision in any other enact­ ment; or (v) (vi) an order made by a court in New Zealand, as a result of a conviction for an offence, that an offender appear for sentence if called on to do so under— (i) (ii) (iii) (iv) section 110 of the Sentencing Act 2002; or section 21 of the Criminal Justice Act 1985; or section 41 of the Criminal Justice Act 1954; or section 92(1)(b) of the Justices of the Peace Act 1927; or a corresponding provision in any other enact­ ment; or (v) an order made by a court in New Zealand under section 112 of the Sentencing Act 2002 or section 28A of the Criminal Justice Act 1985, as a result of a conviction for an offence and instead of passing sentence, that an offender must not associate with a person or class of persons; or an order made by a court in New Zealand under section 124 of the Sentencing Act 2002 or section 83 of the Criminal Justice Act 1985, as a result of a conviction for an offence referred to in those sections and instead of passing sentence, that an offender be disqualiﬁed from holding or obtaining a driver licence; or (b) (c) (d) 10 Reprinted as at 1 October 2008 Criminal Records (Clean Slate) Act 2004 Part 2 s 6 (e) (f) an order made by a court in New Zealand under section 128 of the Sentencing Act 2002 or section 84 of the Criminal Justice Act 1985, as a result of a conviction for an offence referred to in those sections and instead of passing sentence, that an offender’s motor vehicle be conﬁscated; or an order made by a court in New Zealand under any other enactment as a result of a conviction for an offence and instead of imposing
 a sentence trafﬁc offence includes— (a) (b) any offence against the Land Transport Act 1998, the Transport Act 1962, the Transport Act 1949, the Motor Vehicles Act 1924, the Motor Regulation Act 1908, or against any regulation, rule, or bylaw made under any of those Acts; and any offence against any regulation, rule, or bylaw made under any other Act if the offence relates to the use of vehicles or parking places or transport stations use in relation to a criminal record, means to make a decision in relation to the record, or take any action in reliance on the record.
Section 4 non­custodial sentence: amended, on 1 October 2007, by section 58 of the Sentencing Amendment Act 2007 (2007 No 27).

5 Act binds the Crown This Act binds the Crown.


Part 2 Clean slate scheme 6 (1) (2) Application of clean slate scheme The clean slate scheme applies to every question asked about, and every request made for the disclosure of, an eligible indi­ vidual’s criminal record or information about an eligible indi­ vidual’s criminal record whether asked or made on or after the commencement of this Act.
The clean slate scheme applies— (a) to all sentences, whether imposed before or on or after the commencement of this Act; and 11 Part 2 s 7 Criminal Records (Clean Slate) Act 2004 Reprinted as at 1 October 2008 (b) to all speciﬁed orders, whether made before or on or after the commencement of this Act.
Who is eligible under clean slate scheme 7 (1) An individual is eligible under the clean slate scheme if— (a) (b) (c) (d) (e) (f) (g) he or she has completed a rehabilitation period since the date on which a sentence was last imposed, or a speciﬁed order was last made, as a result of a conviction for an offence, or he or she is an individual in relation to whom an order has been made under section 9 or section 10(2); and no custodial sentence has ever been imposed on him or her; and no order has ever been made in relation to him or her under section 34(1)(b) of the Criminal Procedure (Mentally Impaired Persons) Act 2003, section 118 of the Criminal Justice Act 1985, or section 39J of the Criminal Justice Act 1954 (being an order imposed, instead of passing sentence, that the offender be treated or cared for in a manner that the offender’s mental impairment requires, either in the offender’s interest, or for the safety of the public, or for the safety of a person or class of person); and he or she has not been convicted of a speciﬁed offence; and in the case of a court having imposed a sentence of a ﬁne or reparation on the individual, the amount owing has been paid in full or has been deemed to have been remitted; and in the case of a court having ordered the individual to pay costs or compensation under section 106, section 108, or section 110 of the Sentencing Act 2002 (or a corresponding provision of an earlier enactment), the amount owing has been paid in full or has been deemed to have been remitted; and no order has ever been made disqualifying him or her from holding or obtaining a driver licence under section 65 of the Land Transport Act 1998 or a driver’s licence under section 30A of the Transport Act 1962.
12 Reprinted as at 1 October 2008 Criminal Records (Clean Slate) Act 2004 Part 2 s 9 (2) An individual in relation to whom a disqualiﬁcation order has been made under either of the sections referred to in subsection (l)(g) does not become eligible to have the clean slate scheme apply to him or her as a consequence of the Director removing, or having removed, the disqualiﬁcation under section 100 of the Land Transport Act 1998 or section 30C of the Transport Act 1962.
8 (1) Effect of further conviction on eligibility If, at any time after becoming an eligible individual (either under section 7(1) or as a consequence of an order made by the court under section 9, section 10, or section 12), an eligible individual is convicted of an offence, he or she is no longer an eligible individual.
(2) An individual referred to in subsection (1) again becomes an eligible individual if he or she— (a) completes a rehabilitation period beginning on the day after the date on which he or she was sentenced for, or the speciﬁed order was made in relation to, that convic­ tion or is an individual in relation to whom an order has been made under section 9 or section 10(2); and is otherwise eligible under section 7(1) to have the clean slate scheme apply to him or her.
9 Individual may apply to District Court for order that rehabilitation period need not be completed (1) An individual who is otherwise eligible under section 7(1) may make an application to a District Court for an order under sub­ section (2) if— (a) the last sentence imposed on the individual was a non­ custodial sentence as a result of a conviction for an of­ fence; and that offence has subsequently been abolished and the act that constituted the abolished offence no longer consti­ tutes an offence; and he or she is no longer subject to the non­custodial sen­ tence.
(2) If an application is made to a District Court under subsection (1), a registrar must make an order that an individual need not 13 (b) (b) (c) Part 2 s 10 Criminal Records (Clean Slate) Act 2004 Reprinted as at 1 October 2008 complete a rehabilitation period for the purposes of section 7(1)(a) if the applicant provides evidence of the matters in sub­ section (1)(a) to (c).
10 Individual may apply to District Court for order that rehabilitation period need not be completed or conviction be disregarded (b) (b) (2) (1) An individual who is otherwise eligible under section 7(1) may apply to a District Court for an order under subsection (2) if— the last sentence imposed on the individual was a custo­ (a) dial sentence as a result of a conviction for an offence; and that offence has subsequently been abolished and the act that constituted the abolished offence no longer consti­ tutes an offence; and he or she is no longer subject to the custodial sentence.
(c) The court may, if satisﬁed of the matters in subsection (1)(a) to (c), make an order— (a) that the individual need not complete a rehabilitation period for the purposes of section 7(1)(a); and that the custodial sentence for the offence must be dis­ regarded for the purposes of section 7(1)(b).
(3) An individual who is otherwise eligible under section 7(1) may make an application to a District Court for an order under sub­ section (4) if a court imposed a non­custodial sentence on the offender for a conviction for a speciﬁed offence.

The court may order that the conviction for the speciﬁed of­ fence must be disregarded for the purposes of section 7(1)(d).
In considering an application under this section, a court must balance the interests of individuals in concealing their criminal records against the wider public interest in the safety of the community (recognising that an awareness of an individual’s previous convictions is appropriate in certain cases).
Subject to any rules of court, a court may call for and receive as evidence any statement, document, information, matter, or thing that, in the court’s opinion, may assist it to deal effectu­ ally with the application.

(6) (5) (4) 14 Reprinted as at 1 October 2008 Criminal Records (Clean Slate) Act 2004 Part 2 s 13 (7) On an application under subsection (1) or subsection (3), the court must either make the relevant order under subsection (2) or subsection (4) or decline to do so.
(8) A District Court may transfer an application under this section to the High Court if it considers that it is appropriate to do so.

11 (1) Further application Subject to any rules of court, an individual may make a further application under section 9 or section 10 despite— (a) having previously made an application under either of those sections; or having appealed under section 12.
(b) (2) Despite subsection (1), the court may dismiss any further ap­ plication that it thinks is frivolous, vexatious, or an abuse of the procedure of the court.

Right of appeal 12 (1) An individual may appeal to the High Court against the deci­ sion of a District Court if the District Court declines to make an order under section 10.

(2) An individual may appeal to the Court of Appeal against the decision of the High Court if the High Court declines to make an order under section 10.
(3) An appeal under this section must be brought in accordance with the appropriate rules of court within 28 days of the deci­ sion, or within such further time as the High Court or the Court of Appeal (as the case may be) may allow on application made before or after the expiration of that period.

(4) An appeal under this section is by way of rehearing.

(5) On the hearing of an appeal under this section, a court may conﬁrm, reverse, or modify the decision appealed against.
13 (1) Prohibition against publication of applicant’s or appellant’s name If an application is made under section 9 or section 10, or an appeal is lodged under section 12, the following particulars must not be published in any report or account unless subsec­ tion (2) applies: 15 Part 2 s 14 Criminal Records (Clean Slate) Act 2004 Reprinted as at 1 October 2008 (a) (b) the name of the applicant or appellant: any particulars leading to the identiﬁcation of the appli­ cant or appellant.
(2) (3) (4) The particulars referred to in subsection (1) may be published in a report or account if the court orders that they may be pub­ lished.

In deciding whether to permit the particulars referred to in sub­ section (1) to be published in a report or account, the court must have regard to— (a) the interests of any individual (including, without limi­ tation, the applicant or appellant); and the public interest.
(b) Every person commits an offence if the person contravenes subsection (1) and is liable on summary conviction,— (a) in the case of an individual, to a term of imprisonment not exceeding 3 months or a ﬁne not exceeding $1,000, or both; or in the case of a body corporate, to a ﬁne not exceeding $5,000.
(b) Effect of clean slate scheme on eligible individual 14 (1) Effect of clean slate scheme on eligible individual If an individual is an eligible individual, he or she is deemed to have no criminal record for the purposes of any question asked of him or her about his or her criminal record.

(2) An eligible individual may answer a question asked of him or her about his or her criminal record by stating that he or she has no criminal record.
(3) Nothing in subsection (1) or subsection (2)— (a) (b) prevents an eligible individual stating that he or she has a criminal record, disclosing his or her criminal record, or consenting to the disclosure of his or her criminal record; or authorises an individual to answer a question asked of him or her about his or her criminal record by stating that he or she has no criminal record if the question is asked— 16 Reprinted as at 1 October 2008 Criminal Records (Clean Slate) Act 2004 Part 2 s 16 (i) under the jurisdiction of the law of a foreign country while an eligible individual is outside New Zealand; or (ii) while he or she is in New Zealand but relates to a matter dealt with by the law of a foreign country (for example, a question asked on an application form by the immigration or customs agency of a foreign country).
(4) Subsections (1) and (2) are subject to the exceptions in section 19.

Effect of clean slate scheme on government departments and law enforcement agencies that hold or have access to criminal records 15 (1) Responsibility of chief executives Subsection (2) applies to the Secretary for Justice and every other chief executive of a government department or law enforcement agency that holds, or has access to, criminal records.
(2) A chief executive to whom this subsection applies must take all reasonable steps (including, without limitation, the devel­ opment of policies and procedures) to ensure the government department or law enforcement agency for which he or she is chief executive, and any employee or contractor of that gov­ ernment department or law enforcement agency— (a) conceals the criminal records of eligible individuals when requests are made for their disclosure other than by the eligible individuals to whom the criminal records relate; and does not use the criminal records of eligible individuals other than for a purpose authorised under this Act.
(b) (3) Subsection (2)(a) is subject to the exceptions in section 19.
16 Effect of clean slate scheme on government departments, law enforcement agencies, employees, and contractors (1) A government department or law enforcement agency, or an employee or contractor of a government department or law en­ forcement agency, that holds or has access to criminal records 17 Part 2 s 17 Criminal Records (Clean Slate) Act 2004 Reprinted as at 1 October 2008 and that is responding to a request for the disclosure of an eli­ gible individual’s criminal record or any information about an eligible individual’s criminal record (other than from the eli­ gible individual to whom the request relates) must not disclose the criminal record of the eligible individual.
(2) A government department or law enforcement agency, or an employee or contractor of a government department or law enforcement agency, that holds or has access to the criminal records of eligible individuals may not use those criminal records other than for a purpose authorised under this Act.

Subsection (1) is subject to the exceptions in section 19.
(3) Offences 17 Offence to unlawfully disclose information required to be concealed (1) A person commits an offence if the person has access to crim­ inal records, and knowing that he or she does not have lawful authority under this Act, or being reckless as to whether or not he or she has lawful authority under this Act, discloses to any person, body, or agency the criminal record, or information about the criminal record, of an eligible individual that is re­ quired to be concealed.
(2) A person who commits an offence against subsection (1) is liable on summary conviction to a ﬁne not exceeding $20,000.
18 Offence to require or request that individual disregard scheme (1) A person commits an offence if, without lawful authority under this Act, the person requires or requests that an indi­ vidual— (a) disregard the effect of the clean slate scheme when an­ swering a question about his or her criminal record; or disregard the effect of the clean slate scheme and dis­ close, or give consent to the disclosure of, his or her criminal record.
(b) (2) A person who commits an offence against subsection (1) is liable on summary conviction to a ﬁne not exceeding $10,000.

18 Reprinted as at 1 October 2008 Criminal Records (Clean Slate) Act 2004 Part 2 s 19 Exceptions Exceptions to general effect of clean slate scheme 19 (1) An eligible individual must state that he or she has a criminal record if subsection (3) applies.
(2) A government department or law enforcement agency, or an employee or contractor of a government department or law enforcement agency, that holds or has access to criminal records may disclose the criminal record or information about the criminal record of an eligible individual if subsection (3) applies.
This subsection applies if— (a) the eligible individual’s criminal record or information about the eligible individual’s criminal record is neces­ sary for any of the following purposes: (i) (3) the exercise of the prevention, detection, inves­ tigation, or prosecution functions of a law en­ forcement agency or an overseas agency or body whose functions correspond to those of a law en­ forcement agency; or the administration of sentences or the manage­ ment of remand inmates by a law enforcement agency; or the exercise of security­related functions of the New Zealand Security Intelligence Service; or (ii) (iii) (b) (c) (d) the eligible individual’s criminal record or information about the eligible individual’s criminal record is rele­ vant to any criminal or civil proceedings before a court or tribunal (including sentencing) or proceedings before the New Zealand Parole Board; or the eligible individual has made an application of any kind under the Arms Act 1983 and a Police employee is considering whether the individual is a ﬁt and proper person for the purposes of that application; or the eligible individual has made an application for em­ ployment— (i) in a position that involves the national security of New Zealand; or as a Judge, Justice of the Peace, or Community Magistrate; or (ii) 19 Part 2 s 20 Criminal Records (Clean Slate) Act 2004 Reprinted as at 1 October 2008 (e) (f) (g) (iii) as a Police employee, prison ofﬁcer, probation ofﬁcer, or security ofﬁcer; or the eligible individual has made an application to act in a role predominantly involving the care and protection of, but not predominantly involving the delivery of edu­ cation to, a child or young person (for example, a foster parent or a caregiver of children or young persons); or the eligible individual’s criminal record or information about an eligible individual’s criminal record is relevant to an investigation under section 17 of the Children, Young Persons, and Their Families Act 1989 of a report of ill­treatment or neglect of a child or young
 person or in relation to any procedure under Part 2 of that Act arising from an investigation of that kind (including, without limitation, holding a family group conference or a Family Court’s consideration of an application for a declaration that a child or young person is in need of care or protection); or the eligible individual’s criminal record or information about an eligible individual’s criminal record is rele­ vant to the undertaking of research that requires access to criminal history information to be given to any em­ ployee or person contracted to a government depart­ ment or law enforcement agency or to any person under­ taking research approved by a government department or law enforcement agency.
Section 19(3)(c): amended, on 1 October 2008, by section 130(1) of the Policing Act 2008 (2008 No 72).

Section 19(3)(d)(iii): amended, on 1 October 2008, by section 123(2) of the Policing Act 2008 (2008 No 72).
Limits on use of criminal records 20 Limits on use of eligible individuals’ criminal records (1) A person, body, or agency (including, without limitation, a government department or law enforcement agency) to whom the criminal record of an eligible individual, or information about the criminal record of an eligible individual, has been disclosed under section 19 must not use that criminal record or information about the criminal record for any purpose other 20 Reprinted as at 1 October 2008 Criminal Records (Clean Slate) Act 2004 Part 2 s 21 than the purpose in relation to which it was disclosed to the person, body, or agency.
(2) Any government department or law enforcement agency, or an employee or contractor of a government department or law.

enforcement agency, that holds or has access to the criminal records of eligible individuals (other than those that have been disclosed to it under section 19) must not use those records or any information about those records for any purpose other than for a purpose for which those records or that information may also be disclosed under section 19.
Relationship to other provisions 21 (1) (2) Relationship to other provisions In this section, provision means a provision— (a) of any enactment (including, without limitation, section 71(4) of the Summary Proceedings Act 1957 and any rules made under section 409 of the Crimes Act 1961); or of a rule of law; or contained in any contract, agreement, instrument, or document.
If a reference in a provision to— (a) an individual’s criminal record or to an individual’s character or ﬁtness is applied to an eligible individual, it must be interpreted in a way that is consistent with the eligible individual’s rights under the clean slate scheme; and an ability to request the disclosure of information about an individual is applied to an eligible individual’s crim­ inal record, it must be interpreted in a way that is con­ sistent with the eligible individual’s right to have his or her criminal record concealed.
(b) (c) (b) (3) Nothing in this Act affects an eligible individual’s right under any provision to request information about, or a copy of, his or her own criminal record.
21 Part 2 s 22 Criminal Records (Clean Slate) Act 2004 Reprinted as at 1 October 2008 22 (1) (2) (3) Miscellaneous Rules In addition to the powers conferred by the District Courts Act 1947, the Governor­General may, by Order in Council, with the concurrence of the Chief District Court Judge and any 2 or more members of the Rules Committee (established under section 51B of the Judicature Act 1908) of whom at least 1 is a District Court Judge,— (a) make rules regulating the practice and procedure of Dis­ trict Courts under this Act; and (b) without limiting paragraph (a), make rules regulating the manner in which applications may be made to Dis­ trict Courts under section 9 and section 10.
In addition to powers conferred by the Judicature Act 1908, the Governor­General may, by Order in Council, with the concurrence of the Chief Justice and any 2 or more members of the Rules Committee (established under section 51B of the Judicature Act 1908) of whom at least 1 is a High Court Judge,— (a) make rules regulating the practice and procedure of the High Court and the Court of Appeal under this Act; and (b) without limiting paragraph (a), make rules regulating the manner in which appeals may be brought to the High Court and Court of Appeal under section 12(1) or (2).
In the absence of any rules under this section, or in any situ­ ation not covered by any of those rules, the rules in relation to civil proceedings for the time being in force under the District Courts Act 1947 or the Judicature Act 1908 (which­ever is ap­ plicable) apply, with all necessary modiﬁcations, to the prac­ tice and procedure of courts under this Act.

23 Application of Legal Services Act 2000 All proceedings under this Act are civil proceedings for the purposes of the Legal Services Act 2000.
22 Reprinted as at 1 October 2008 Criminal Records (Clean Slate) Act 2004 Part 2 s 24 Transitional provision 24 Transitional provision relating to answers and responses to questions and requests asked or made before commencement The clean slate scheme applies— (a) to an answer given on or after the commencement of this Act by an eligible individual to a question asked about his or her criminal record before the commencement of this Act; and to a response given on or after the commencement of this Act to a request made before the commencement of this Act for the disclosure of an individual’s crim­ inal record or information about an individual’s crim­ inal record if, on the commencement of this Act, the individual to whom the request relates has become an eligible individual.
(b) 23 Notes Criminal Records (Clean Slate) Act 2004 Reprinted as at 1 October 2008 Contents 1 2 3 General About this eprint List of amendments incorporated in this eprint (most recent ﬁrst) General This is an eprint of the Criminal Records (Clean Slate) Act It incorporates all the amendments to the Criminal 2004.

Records (Clean Slate) Act 2004 as at 1 October 2008.

The list of amendments at the end of these notes speciﬁes all the amendments incorporated into this eprint since 3 September 2007.
Relevant provisions of any amending enactments that contain transitional, savings, or application provisions are also included, after the Principal enactment, in chronological order.

About this eprint This eprint has not been ofﬁcialised.

For more information about ofﬁcialisation, please see “Making online legislation ofﬁcial” under “Status of legislation on this site” in the About section of this website.
List of amendments incorporated in this eprint (most recent ﬁrst) Policing Act 2008 (2008 No 72): sections 123 and 130(1) Sentencing Amendment Act 2007 (2007 No 27): section 58 Notes 1 2 3 24