Source document: https://docs-lawep.s3.us-east-2.amazonaws.com/1698940579317.pdf (New Zealand)
Version as at 15 June 2023 Criminal Records (Clean Slate) Act 2004 Public Act 2004 No 36 Date of assent 16 May 2004 Commencement see section 2 Contents Part 1 Preliminary provisions Title Commencement Overview Interpretation Act binds the Crown 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 Page 2 2 3 4 10 11 11 12 12 13 14 Note The Parliamentary Counsel Office has made editorial and format changes to this version using the powers under subpart 2 of Part 3 of the Legislation Act 2019.
Note 4 at the end of this version provides a list of the amendments included in it.

This Act is administered by the Ministry of Justice.
1 s 1 Criminal Records (Clean Slate) Act 2004 Version as at 15 June 2023 Right of appeal Prohibition against publication of applicant’s or appellant’s name Effect of clean slate scheme on eligible individual Effect of clean slate scheme on eligible individual Effect of clean slate scheme on controlling public offices that hold or have access to criminal records Responsibility of chief executives Effect of clean slate scheme on controlling public offices, employees, and contractors Offences Offence to unlawfully disclose information required to be concealed Offence to require or request that individual disregard scheme Exceptions Exceptions to general effect of clean slate scheme Limits on use of criminal records Limits on use of eligible individuals’ criminal records Relationship to other provisions Relationship to other provisions Miscellaneous Rules Application of Legal Services Act 2011 Transitional provision Transitional provision relating to answers and responses to questions and requests asked or made before commencement 14 14 15 15 16 16 17 17 19 19 20 21 21 1 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 Governor-General by Order in Council.

2 (1) 2 Version as at 15 June 2023 Criminal Records (Clean Slate) Act 2004 Part 1 s 3 (2) An order under this section is secondary legislation (see Part 3 of the Legis‐ lation Act 2019 for publication requirements).
Legislation Act 2019 requirements for secondary legislation made under this section LA19 s 69(1)(c) PCO must publish it on the legislation website and notify Publication it in the Gazette The Minister must present it to the House of Representatives It may be disallowed by the House of Representatives LA19 s 114, Sch 1 cl 32(1)(a) LA19 ss 115, 116 Presentation Disallowance This note is not part of the Act.
Section 2(1): Criminal Records (Clean Slate) Act 2004 brought into force, on 29 November 2004, by the Criminal Records (Clean Slate) Act Commencement Order 2004 (SR 2004/377).

Section 2(2): inserted, on 28 October 2021, by section 3 of the Secondary Legislation Act 2021 (2021 No 7).
3 (1) 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 sec‐ tion 19) if the individual satisfies the relevant eligibility criteria.
(2) If an individual satisfies the relevant eligibility criteria,— (a) (b) 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 enforcement agencies that hold or have access to his or her criminal record.
3 Part 1 s 4 Criminal Records (Clean Slate) Act 2004 Version as at 15 June 2023 (3) A general overview of eligibility under the clean slate scheme is set out in dia‐ grammatic form as follows: General overview of eligibility under the clean slate scheme Completed applicable rehabilitation period since last sentence imposed or specified order made?

NO Order made by court that rehabilitation period need not be completed?

NO YES Any custodial sentence ever imposed?


YES YES Order made by court that custodial sentence be disregarded?

NO Any applicable order ever imposed after conviction requiring detention in a hospital?

YES NO Any convictions for a “specified offence”?

YES Have all non-custodial sentences been ordered to be disregarded?

NO YES Any amount owing on a court-imposed fine or reparation or applicable order for costs or compensation?
NO Any indefinite disqualification from driving ordered by court for repeat offending?

NO ELIGIBLE NO YES NO YES YES INELIGIBLE Note: This general overview of eligibility under the clean slate scheme is by way of indication only.

Detailed rules set out in the Act determine an individual's eligibility.
4 Interpretation In this Act, unless the context otherwise requires,— 4 Version as at 15 June 2023 Criminal Records (Clean Slate) Act 2004 Part 1 s 4 clean slate scheme means the scheme established by Part 2 under which an eli‐ gible individual— (a) (b) 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 agencies that hold or have access to his or her criminal record community-based sentence means— (a) (b) (c) a community-based sentence as defined in section 4(1) of the Sentencing Act 2002; and a community-based 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 paragraphs (a) and (b) (including, without limitation, a sentence 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 disclosure to a person, body, or agency (including, without limitation, a government department or law enforcement agency) for which there is no lawful authority under this Act to disclose the criminal record or any information about the criminal record controlling public office has the meaning given in section 4 of the Public Records Act 2005 conviction— (a) means a conviction entered by a court in New Zealand for an offence, including a conviction for a traffic offence; and (b) does not include a conviction entered by the Court Martial of New Zea‐ land or a disciplinary officer under the Armed Forces Discipline Act 1971 or resulting from an appeal from a decision under that Act criminal record,— (a) in relation to a question asked of an individual, means any— (i) (ii) (iii) (iv) charges laid against him or her that have resulted in conviction; and convictions entered against him or
 her; and sentences imposed on him or her; and 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,— 5 Part 1 s 4 Criminal Records (Clean Slate) Act 2004 Version as at 15 June 2023 (i) means any public record (including, without limitation, an elec‐ tronic public record) that is kept by, or on behalf of, the Crown of— (A) (B) (C) (D) 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 (ii) does not include details in a marriage certificate or civil union cer‐ tificate of a conviction for bigamy registered under section 66 of the Births, Deaths, Marriages, and Relationships Registration Act 2021 (or any corresponding provision of an earlier enactment) and included in the certificate under regulations made under section 144(1)(g) of that Act custodial sentence means a sentence of imprisonment imposed under the Sen‐ tencing Act 2002 or under any earlier corresponding enactment; and includes— (a) (b) (c) (d) (e) (f) a sentence of corrective training; and a sentence of preventive detention; and a sentence of imprisonment served by way of home detention; and a sentence of borstal training; and a sentence of detention centre training; and any other sentence that requires the full-time 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 natural person law enforcement agency means— (a) (b) an agency that holds or has access to information described in Schedule 4 of the Privacy Act 2020; and the Department of Labour,
 the Inland Revenue Department, and the New Zealand Customs Service non-custodial sentence includes, but is not limited to, a community-based sen‐ tence, a sentence of home detention, a sentence of a fine or reparation, a sus‐ pended sentence of imprisonment, and a specified order prison officer means a person who is an officer as defined in section 3(1) of the Corrections Act 2004 6 Version as at 15 June 2023 Criminal Records (Clean Slate) Act 2004 Part 1 s 4 probation officer has the same meaning as in section 4(1) of the Sentencing Act 2002 public record has the meaning given in section 4 of the Public Records Act 2005 registrar means a registrar of the District Court; and includes a deputy registrar of the District Court 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 sen‐ tenced, or a specified order was last made, in which the individual has not been convicted of an offence security officer has the same meaning as in section 3(1) of the Corrections Act 2004 sentence means a sentence imposed by a court in New Zealand for a convic‐ tion 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) (iii) (iv) (v) section 130 (incest): section 131B(1) (meeting a young person under 16 following sex‐ ual grooming, etc): section 144C (organising or promoting child sex tours): section 204A (female genital mutilation): section 204B (further offences relating to female genital mutila‐ tion): (b) an offence committed after the commencement of the Crimes Amend‐ ment Act 2005 against any of the following provisions of the Crimes Act 1961: (i) (ii) (iii) (iv) (v) 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 out‐ side New Zealand): (c) an offence committed before the commencement of the Crimes Amend‐ ment Act 2005 against any of the following provisions of the Crimes Act 1961: 7 Part 1 s 4 Criminal Records (Clean Slate) Act 2004 Version as at 15 June 2023 (i) (ii) (iii) (iv) (v) section 131 (sexual intercourse with a girl under care or protec‐ tion): 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): (vi) section 139 (indecent act between a woman and a girl): (vii) section 140 (indecency with a boy under 12): (viii) section 140A (indecency with a boy between 12 and 16): (ix) (x) section 142 (anal intercourse): section 144A (sexual conduct with children outside New Zea‐ land): (d) an offence against any of the following provisions of the Crimes Act 1908: (i) (ii) (iii) (iv) (v) (vi) section 153 (unnatural offence): section 154 (attempt to commit unnatural offence): section 155 (incest): section 208 (indecent assault): section 211 (rape): section 213 (attempt to commit rape): (vii) section 214 (defiling children under 12): (viii) section 215 (attempting to defile a child under 12): (ix) (x) (xi) section 216 (defiling girls between 12 and 16): section 217 (defiling idiot or imbecile woman or girl): section 218 (procuring defilement of girls): (e) an attempt to commit an offence against a provision listed in any of para‐ graphs (a) to (d), if— (i) (ii) the offence is not itself specified as an attempt; and the provision does not provide that the offence may be completed on an attempt: (f) (g) a conspiracy to commit an offence against a provision listed in any of paragraphs (a) to (d): being an
 accessory after the fact in relation to an offence against a provi‐ sion listed in any of paragraphs (a) to (d) 8 Version as at 15 June 2023 Criminal Records (Clean Slate) Act 2004 Part 1 s 4 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 convicted and discharged under— (i) (ii) (iii) (iv) (v) (vi) 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(1)(b) of the Offenders Probation Act 1920; or a corresponding provision in any other enactment; or (b) 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) (v) 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 enactment; or (c) (d) (e) an order made by a court in New Zealand under section 112 of the Sen‐ tencing 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 Sen‐ tencing 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 hold‐ ing or obtaining a driver licence; or an order made by a court in New Zealand under section 128 of the Sen‐ tencing 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 confisca‐ ted; or (f) 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) 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 secondary legislation made under any of those Acts; and 9 Part 1 s 5 Criminal Records (Clean Slate) Act 2004 Version as at 15 June 2023 (b) any offence against any secondary legislation 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 controlling public office: inserted, on 10 April 2018, by section 24(2) of the Criminal Records (Expungement of Convictions for Historical Homosexual Offences) Act 2018 (2018 No 7).

Section 4 conviction paragraph (b): substituted, on 1 July 2009, by section 81 of the Armed Forces Discipline Amendment Act (No 2) 2007 (2007 No 98).

Section 4 criminal record: amended, on 3 December 2018, by section 39(1) of the Family Violence (Amendments) Act 2018 (2018 No 47).
Section 4 criminal record paragraph (a): amended, on 3 December 2018, by section 39(2) of the Family Violence (Amendments) Act 2018 (2018 No 47).

Section 4 criminal record paragraph (b)(i): amended, on 3 December 2018, by section 39(3) of the Family Violence (Amendments) Act 2018 (2018 No 47).

Section 4 criminal record paragraph (b)(i): amended, on 10 April 2018, by section 24(2) of the Criminal Records (Expungement of Convictions for Historical Homosexual Offences) Act 2018 (2018 No 7).
Section 4 criminal record paragraph (b)(ii): replaced, on 15 June 2023, by section 147 of the Births, Deaths, Marriages, and Relationships Registration Act 2021 (2021 No 57).

Section 4 law enforcement agency paragraph (a): amended, on 1 December 2020, by section 217 of the Privacy Act 2020 (2020 No 31).

Section 4 non-custodial sentence: amended, on 1 October 2007, by section 58 of the Sentencing Amendment Act 2007 (2007 No 27).
Section 4 offence: repealed, on 1 July 2013, by section 413 of the Criminal Procedure Act 2011 (2011 No 81).

Section 4 prison officer: amended, on 1 June 2005, by section 206 of the Corrections Act 2004 (2004 No 50).

Section 4 public record: inserted, on 10 April 2018, by section 24(2) of the Criminal Records (Expungement of Convictions for Historical Homosexual Offences) Act 2018 (2018 No 7).

Section 4 registrar: amended, on 1 March 2017, by section 261 of the District Court Act 2016 (2016 No 49).
Section 4 security officer: amended, on 1 June 2005, by section 206 of the Corrections Act 2004 (2004 No 50).

Section 4 specified offence: substituted, on 20 May 2005, by section 10 of the Crimes Amendment Act 2005 (2005 No 41).

Section 4 traffic offence paragraph (a): amended, on 28 October 2021, by section 3 of the Secondary Legislation Act 2021 (2021 No 7).

Section 4 traffic offence paragraph (b): amended, on 28 October 2021, by section 3 of the Secondary Legislation Act 2021 (2021 No 7).
5 Act binds the Crown This Act binds the Crown.
10 Version as at 15 June 2023 Criminal Records (Clean Slate) Act 2004 Part 2 s 7 Part 2 Clean slate scheme 6 (1) Application of clean slate scheme The clean slate scheme applies (except as provided in section 31(3) of the Children’s Act 2014) to every question asked about, and every request made for the disclosure of, an eligible individual’s criminal record or information about an eligible individual’s criminal record whether asked or made on or after the commencement of this Act.
(2) The clean slate scheme applies— (a) (b) to all sentences, whether imposed before or on or after the commence‐ ment of this Act; and to all specified orders, whether made before or on or after the com‐ mencement of this Act.

Section 6(1): amended, on 21 December 2018, by section 10(1) of the Children’s Amendment Act 2018 (2018 No 58).

Section 6(1): amended, on 1 July 2015, by section 44(2) of the Vulnerable Children Act 2014 (2014 No 40).
7 Who is eligible under clean slate scheme (1) An individual is eligible under the clean slate scheme if— (a) (b) (c) (d) (e) (f) 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 com‐ pensation under section 106, section 108, or section 110 of the Sentenc‐ ing Act 2002 (or a corresponding provision of an earlier enactment), the 11 Part 2 s 8 Criminal Records (Clean Slate) Act 2004 Version as at 15 June 2023 amount owing has been paid in full or has been deemed to have been remitted; and (g) no order has ever been made about him or her under section 65 of the Land Transport Act 1998 or under section 30A of the Transport Act 1962.
(2) An individual in relation to whom a disqualification order has been made under either of the sections referred to in subsection (1)(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.

Section 7(1)(g): replaced, on 1 July 2018, by section 110(1) of the Land Transport Amendment Act 2017 (2017 No 34).
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 conviction or is an individual in relation to whom an order has been made under section 9 or section 10(2); and (b) 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 appli‐ cation to the District Court for an order under subsection (2) if— (a) (b) the last sentence imposed on the individual was a non-custodial 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 constitutes an offence; and (c) he or she is no longer subject to the non-custodial sentence.
If an application is made to the District Court under subsection (1), a registrar must make an order that an individual need not complete a rehabilitation period for the purposes of section 7(1)(a) if the applicant provides evidence of the matters in subsection (1)(a) to (c).

(2) 12 Version as at 15 June 2023 Criminal Records (Clean Slate) Act 2004 Part 2 s 10 Section 9(1): amended, on 1 March 2017, by section 261 of the District Court Act 2016 (2016 No 49).
Section 9(2): amended, on 1 March 2017, by section 261 of the District Court Act 2016 (2016 No 49).
10 Individual may apply to District Court for order that rehabilitation period need not be completed or conviction be disregarded (1) An individual who is otherwise eligible under section 7(1) may apply to the District Court for an order under subsection (2) if— (a) (b) the last sentence imposed on the individual was a custodial 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 constitutes an offence; and (c) he or she is no longer subject to the custodial sentence.
(2) The court may, if satisfied of the matters in subsection (1)(a) to (c), make an order— (a) (b) that the individual need not complete a rehabilitation period for the pur‐ poses of section 7(1)(a); and that the custodial sentence for the offence must be disregarded for the purposes of section 7(1)(b).
(3) An individual who is otherwise eligible under section 7(1) may make an appli‐ cation to the District Court for an order under subsection (4) if a court imposed a non-custodial sentence on the offender for a conviction for a specified offence.

(4) (5) (6) The court may order that the conviction for the specified offence must be disre‐ garded for the purposes of section 7(1)(d).
In considering an application under this section, a court must balance the inter‐ ests 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 effectually with the application.

(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) The District Court may transfer an application under this section to the High Court if it considers that it is appropriate to do so.

Section 10(1): amended, on 1 March 2017, by section 261 of the District Court Act 2016 (2016 No 49).

Section 10(3): amended, on 1 March 2017, by section 261 of the District Court Act 2016 (2016 No 49).
13 Part 2 s 11 Criminal Records (Clean Slate) Act 2004 Version as at 15 June 2023 Section 10(8): amended, on 1 March 2017, by section 261 of the District Court Act 2016 (2016 No 49).

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) (b) having previously made an application under either of those sections; or having appealed under section 12.
(2) Despite subsection (1), the court may dismiss any further application that it thinks is frivolous, vexatious, or an abuse of the procedure of the court.

12 Right of appeal (1) An individual may appeal to the High Court against the decision of the 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 appropri‐ ate rules of court within 28 days of the decision, 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.
Section 12(1): amended, on 1 March 2017, by section 261 of the District Court Act 2016 (2016 No 49).

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 subsection (2) applies: (a) (b) the name of the applicant or appellant: any particulars leading to the identification of the applicant or appellant.
The particulars referred to in subsection (1) may be published in a report or account if the court orders that they may be published.

In deciding whether to permit the particulars referred to in subsection (1) to be published in a report or account, the court must have regard to— (a) the interests of any individual (including, without limitation, the appli‐ cant or appellant); and (b) the public interest.
Every person commits an offence if the person contravenes subsection (1) and is liable on conviction,— 13 (1) (2) (3) (4) 14 Version as at 15 June 2023 Criminal Records (Clean Slate) Act 2004 Part 2 s 15 (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 (b) in the case of a body corporate, to a fine not exceeding $5,000.

Section 13(4): amended, on 1 July 2013, by section 413 of the Criminal Procedure Act 2011 (2011 No 81).
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 crim‐ inal 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 dis‐ closure 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— (i) under the jurisdiction of the law of a foreign country while an eli‐ gible 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 controlling public offices that hold or have access to criminal records Heading: amended, on 10 April 2018, by section 24(2) of the Criminal Records (Expungement of Convictions for Historical Homosexual Offences) Act 2018 (2018 No 7).
15 (1) Responsibility of chief executives Subsection (2) applies to the Secretary for Justice and every other chief execu‐ tive of a controlling public office 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 development of policies and proced‐ ures) to ensure the office for which he or she is chief executive, and any employee or contractor of that office— 15 Part 2 s 16 Criminal Records (Clean Slate) Act 2004 Version as at 15 June 2023 (a) (b) 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.
(3) Subsection (2)(a) is subject to the exceptions in section 19.

Section 15(1): amended, on 10 April 2018, by section 24(2) of the Criminal Records (Expungement of Convictions for Historical Homosexual Offences) Act 2018 (2018 No 7).

Section 15(2): amended, on 10 April 2018, by section 24(2) of the Criminal Records (Expungement of Convictions for Historical Homosexual Offences) Act 2018 (2018 No 7).
16 Effect of clean slate scheme on controlling public offices, employees, and contractors (1) A controlling public office, or an employee or contractor of a controlling public office, that holds or has access to criminal records and that is responding to a request for the disclosure of an eligible individual’s criminal record or any information about an eligible individual’s criminal record (other than from the eligible individual to whom the request relates) must not disclose the criminal record of the eligible individual.
(2) A controlling public office, or an employee or contractor of a controlling public office, 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.

(3) Subsection (1) is subject to the exceptions in section 19.

Section 16 heading: amended, on 10 April 2018, by section 24(2) of the Criminal Records (Expunge‐ ment of Convictions for Historical Homosexual Offences) Act 2018 (2018 No 7).
Section 16(1): amended, on 10 April 2018, by section 24(2) of the Criminal Records (Expungement of Convictions for Historical Homosexual Offences) Act 2018 (2018 No 7).

Section 16(2): amended, on 10 April 2018, by section 24(2) of the Criminal Records (Expungement of Convictions for Historical Homosexual Offences) Act 2018 (2018 No 7).
Offences 17 Offence to unlawfully disclose information required to be concealed (1A) This section applies to a person who— (a) (b) is an officer, employee, or contractor of a controlling public office, gov‐ ernment department, or law enforcement agency; and has access to criminal records that are held by, or accessible to, the office, department, or agency.
The person commits an offence if the person has access to criminal 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 informa‐ (1) 16 Version as at 15 June 2023 Criminal Records (Clean Slate) Act 2004 Part 2 s 19 tion about the criminal record, of an eligible individual that is required to be concealed.
(2) A person who commits an offence against subsection (1) is liable on conviction to a fine not exceeding $20,000.

Section 17(1A): inserted, on 10 April 2018, by section 24(2) of the Criminal Records (Expungement of Convictions for Historical Homosexual Offences) Act 2018 (2018 No 7).

Section 17(1): amended, on 10 April 2018, by section 24(2) of the Criminal Records (Expungement of Convictions for Historical Homosexual Offences) Act 2018 (2018 No 7).
Section 17(2): amended, on 1 July 2013, by section 413 of the Criminal Procedure Act 2011 (2011 No 81).
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 individual— (a) (b) disregard the effect of the clean slate scheme when answering a question about his or her criminal record; or disregard the effect of the clean slate scheme and disclose, or give con‐ sent to the disclosure of, his or her criminal record.
(2) A person who commits an offence against subsection (1) is liable on conviction to a fine not exceeding $10,000.

Section 18(2): amended, on 1 July 2013, by section 413 of the Criminal Procedure Act 2011 (2011 No 81).

Exceptions 19 Exceptions to general effect of clean slate scheme (1) An eligible individual must state that he or she has a criminal record if subsec‐ tion (3) applies.
(2) A controlling public office, or an employee or contractor of a controlling public office, that holds or has access to criminal records may disclose the criminal record or information about the criminal record of an eligible individual if sub‐ section (3) applies.
(3) This subsection applies if— (a) the eligible individual’s criminal record or information about the eligible individual’s criminal record is necessary for any of the following pur‐ poses: (i) the exercise of the prevention, detection, investigation, or pros‐ ecution functions of a law enforcement agency or an overseas agency or body whose functions correspond to those of a law enforcement agency; or (ii) the administration of sentences or the management of remand inmates by a law enforcement agency; or 17 Part 2 s 19 Criminal Records (Clean Slate) Act 2004 Version as at 15 June 2023 (iii) the exercise of the protective security advice and assistance func‐ tion of the New Zealand Security Intelligence Service under sec‐ tion 11 of the Intelligence and Security Act 2017; or the eligible individual’s criminal record or information about the eligible individual’s criminal record is relevant to any criminal or civil proceed‐ ings 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 indi‐ vidual is a fit and proper person for the purposes of that application; or (b) (c) (d) the eligible individual has made an application for employment— (i) (ii) (iii) in a position that involves the national security of New Zealand; or as a Judge, Justice of the Peace, or Community Magistrate; or as a Police employee, prison officer, probation officer, or security officer; or (da) the Social Workers Registration Board is considering whether the eli‐ gible individual is a fit and proper person to be registered or to practise as a social worker under the Social Workers Registration Act 2003; or (e) (f) (g) the eligible individual has made an application to act in a role predomin‐ antly involving the care and protection of, but not predominantly involv‐ ing the delivery of education 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 Oranga Tamariki Act 1989 of a report of ill-treatment or neg‐ lect 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, with‐ out limitation, holding a family group conference or the 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 relevant to the undertaking of research that requires access to criminal history information to be given to any employee or person contracted to a controlling public office or to any person undertaking research approved by a controlling public office.
Section 19(2): amended, on 10 April 2018, by section 24(2) of the Criminal Records (Expungement of Convictions for Historical Homosexual Offences) Act 2018 (2018 No 7).

Section 19(3)(a)(iii): amended, on 28 September 2017, by section 335 of the Intelligence and Secur‐ ity Act 2017 (2017 No 10).

Section 19(3)(c): amended, on 1 October 2008, by section 130(1) of the Policing Act 2008 (2008 No 72).
18 Version as at 15 June 2023 Criminal Records (Clean Slate) Act 2004 Part 2 s 21 Section 19(3)(d)(iii): amended, on 1 October 2008, by section 123(2) of the Policing Act 2008 (2008 No 72).

Section 19(3)(da): inserted, on 28 February 2019, by section 149(2) of the Social Workers Registra‐ tion Legislation Act 2019 (2019 No 3).

Section 19(3)(f): amended, on 14 July 2017, by section 149 of the Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 (2017 No 31).
Section 19(3)(f): amended, on 1 March 2017, by section 261 of the District Court Act 2016 (2016 No 49).

Section 19(3)(g): amended, on 10 April 2018, by section 24(2) of the Criminal Records (Expunge‐ ment of Convictions for Historical Homosexual Offences) Act 2018 (2018 No 7).
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 controlling public office or 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 pur‐ pose other than the purpose in relation to which it was disclosed to the person, body, or agency.
(2) Any controlling public office or government department or law enforcement agency, or an employee or contractor of a controlling public office or govern‐ ment department or law enforcement agency, that holds or has access to the criminal records of eligible individuals (other than those that have been dis‐ closed 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.
Section 20(1): amended, on 10 April 2018, by section 24(2) of the Criminal Records (Expungement of Convictions for Historical Homosexual Offences) Act 2018 (2018 No 7).

Section 20(2): amended, on 10 April 2018, by section 24(2) of the Criminal Records (Expungement of Convictions for Historical Homosexual Offences) Act 2018 (2018 No 7).
Relationship to other provisions 21 (1) Relationship to other provisions In this section, provision means a provision— (a) (b) (c) of any enactment (including, without limitation, section 184 of the Crim‐ inal Procedure Act 2011 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.
(2) If a reference in a provision to— 19 Part 2 s 22 Criminal Records (Clean Slate) Act 2004 Version as at 15 June 2023 (a) (b) 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 criminal record, it must be interpreted in a way that is consistent with the eligible individual’s right to have his or her criminal record concealed.
(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.

Section 21(1)(a): amended, on 1 July 2013, by section 413 of the Criminal Procedure Act 2011 (2011 No 81).
Miscellaneous 22 (1) Rules In addition to the powers conferred by the District Court Act 2016, the Governor-General 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 155 of the Senior Courts Act 2016) of whom at least 1 is a District Court Judge,— (a) make rules regulating the practice and procedure of the District Court under this Act; and (b) without limiting paragraph (a), make rules regulating the manner in which applications may be made to the District Court under section 9 and section 10.
(2) In addition to powers conferred by the Senior Courts Act 2016, the Governor- General 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 155 of the Senior Courts Act 2016) 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 situation not covered by any of those rules, the rules in relation to civil proceedings for the time being in force under the District Court Act 2016 or the Senior Courts Act 2016 (whichever is applicable) apply, with all necessary modifications, to the prac‐ tice and procedure of courts under this Act.
(3) 20 Version as at 15 June 2023 Criminal Records (Clean Slate) Act 2004 Part 2 s 24 (4) See section 148 of the Senior Courts Act 2016 and section 228 of the District Court Act 2016, which provide that court rules are secondary legislation.

Section 22(1): amended, on 1 March 2017, by section 261 of the District Court Act 2016 (2016 No 49).

Section 22(1): amended, on 1 March 2017, by section 183(b) of the Senior Courts Act 2016 (2016 No 48).
Section 22(1)(a): amended, on 1 March 2017, by section 261 of the District Court Act 2016 (2016 No 49).

Section 22(1)(b): amended, on 1 March 2017, by section 261 of the District Court Act 2016 (2016 No 49).

Section 22(2): amended, on 1 March 2017, by section 183(b) of the Senior Courts Act 2016 (2016 No 48).

Section 22(3): amended, on 1 March 2017, by section 261 of the District Court Act 2016 (2016 No 49).
Section 22(3): amended, on 1 March 2017, by section 183(b) of the Senior Courts Act 2016 (2016 No 48).

Section 22(4): inserted, on 28 October 2021, by section 3 of the Secondary Legislation Act 2021 (2021 No 7).

23 Application of Legal Services Act 2011 All proceedings under this Act are civil proceedings for the purposes of the Legal Services Act 2011.
Section 23 heading: amended, on 10 April 2018, by section 24(2) of the Criminal Records (Expunge‐ ment of Convictions for Historical Homosexual Offences) Act 2018 (2018 No 7).

Section 23: amended, on 10 April 2018, by section 24(2) of the Criminal Records (Expungement of Convictions for Historical Homosexual Offences) Act 2018 (2018 No 7).
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) (b) to an answer given on or after the commencement of this Act by an eli‐ gible 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 criminal record or information about an individual’s criminal record if, on the commencement of this Act, the individual to whom the request relates has become an eligible individual.
21 Notes Criminal Records (Clean Slate) Act 2004 Version as at 15 June 2023 Notes 1 General This is a consolidation of the Criminal Records (Clean Slate) Act 2004 that incorporates the amendments made to the legislation so that it shows the law as at its stated date.

2 Legal status A consolidation is taken to correctly state, as at its stated date, the law enacted or made by the legislation consolidated and by the amendments.

This presump‐ tion applies unless the contrary is shown.
Section 78 of the Legislation Act 2019 provides that this consolidation, pub‐ lished as an electronic version, is an official version.

A printed version of legis‐ lation that is produced directly from this official electronic version is also an official version.

3 Editorial and format changes The Parliamentary Counsel Office makes editorial and format changes to con‐ solidations using the powers under subpart 2 of Part 3 of the Legislation Act 2019.

See also PCO editorial conventions for consolidations.
4 Amendments incorporated in this consolidation Births, Deaths, Marriages, and Relationships Registration Act 2021 (2021 No 57): section 147 Secondary Legislation Act 2021 (2021 No 7): section 3 Privacy Act 2020 (2020 No 31): section 217 Social Workers Registration Legislation Act 2019 (2019 No 3): section 149 Children’s Amendment Act 2018 (2018 No 58): section 10(1) Family Violence (Amendments) Act 2018 (2018 No 47): section 39 Criminal Records (Expungement of Convictions for Historical Homosexual Offences) Act 2018 (2018 No 7): section 24 Land Transport Amendment Act 2017 (2017 No 34): section 110(1) Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 (2017 No 31): section 149 Intelligence and Security Act 2017 (2017 No 10): section 335 District Court Act 2016 (2016 No 49): section 261 Senior Courts Act 2016 (2016 No 48): section 183(b) Vulnerable Children Act 2014 (2014 No 40): section 44 Criminal Procedure Act 2011 (2011 No 81): section 413 Policing Act 2008 (2008 No 72): sections 123(2), 130(1) Armed Forces Discipline Amendment Act (No 2) 2007 (2007 No 98): section 81 Sentencing Amendment Act 2007 (2007 No 27): section 58 Crimes Amendment Act 2005 (2005 No 41): section 10 22 Version as at 15 June 2023 Criminal Records (Clean Slate) Act 2004 Notes Corrections Act 2004 (2004 No 50): section 206 Criminal Records (Clean Slate) Act Commencement Order 2004 (SR 2004/377) Wellington, New Zealand: Published under the authority of the New Zealand Government—2023 23