Criminal Records (Clean Slate) Act 2004

1: Title
This Act is the Criminal Records (Clean Slate) Act 2004.
1: Preliminary provisions
2: Commencement
1: This Act comes into force on a date to be appointed by the Governor-General by Order in Council.
2: An order under this section is secondary legislation ( see Part 3 The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication PCO must publish it on the legislation website and notify it in the Gazette LA19 s 69(1)﻿(c) Presentation The Minister must present it to the House of Representatives LA19 s 114 cl 32(1)﻿(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 2(1) brought into force 29 November 2004 Criminal Records (Clean Slate) Act Commencement Order 2004 Section 2(2) inserted 28 October 2021 section 3 Secondary Legislation Act 2021
3: Overview
1: 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
2: 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
b: 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: A general overview of eligibility under the clean slate scheme is set out in diagrammatic form as follows:
4: Interpretation
In this Act, unless the context otherwise requires,— clean slate scheme Part 2
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
b: 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
a: a community-based sentence as defined in section 4(1)
b: a community-based sentence as defined in section 2(1)
c: 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 controlling public office section 4 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 Zealand or a disciplinary officer under the Armed Forces Discipline Act 1971 criminal record
a: in relation to a question asked of an individual, means
i: charges laid against him or her that have resulted in conviction; and
ii: convictions entered against him or her; and
iii: sentences imposed on him or her; and
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: means public record electronic public record
A: charges that result in conviction; and
B: convictions entered (including, without limitation, any item on a list of previous convictions); and
C: sentences imposed (including, without limitation, any item on a list of previous sentences); and
D: orders imposed on an offender as a result of a conviction; but
ii: does not include details in a marriage certificate or civil union certificate of a conviction for bigamy registered under section 66 section 144(1)﻿(g) custodial sentence Sentencing Act 2002
a: a sentence of corrective training; and
b: a sentence of preventive detention; and
c: a sentence of imprisonment served by way of home detention; and
d: a sentence of borstal training; and
e: a sentence of detention centre training; and
f: any other sentence that requires the full-time detention of an individual eligible individual section 7(1) section 9 section 10 section 12 individual law enforcement agency
a: an agency that holds or has access to information described in Schedule 4
b: the Department of Labour, the Inland Revenue Department, and the New Zealand Customs Service non-custodial sentence a sentence of home detention, prison officer section 3(1) probation officer section 4(1) public record section 4 registrar the District Court the District Court rehabilitation period security officer section 3(1) sentence specified offence
a: an offence committed (whether before or after the commencement of the Crimes Amendment Act 2005 Crimes Act 1961
i: section 130
ii: section 131B(1)
iii: section 144C
iv: section 204A
v: section 204B
b: an offence committed after the commencement of the Crimes Amendment Act 2005 Crimes Act 1961
i: section 131
ii: section 132
iii: section 134
iv: section 138
v: section 144A
c: an offence committed before the commencement of the Crimes Amendment Act 2005 Crimes Act 1961
i: section 131
ii: section 132
iii: section 133
iv: section 134
v: section 138
vi: section 139
vii: section 140
viii: section 140A
ix: section 142
x: section 144A
d: an offence against any of the following provisions of the Crimes Act 1908:
i: section 153 (unnatural offence):
ii: section 154 (attempt to commit unnatural offence):
iii: section 155 (incest):
iv: section 208 (indecent assault):
v: section 211 (rape):
vi: section 213 (attempt to commit rape):
vii: section 214 (defiling children under 12):
viii: section 215 (attempting to defile a child under 12):
ix: section 216 (defiling girls between 12 and 16):
x: section 217 (defiling idiot or imbecile woman or girl):
xi: section 218 (procuring defilement of girls):
e: 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
ii: the provision does not provide that the offence may be completed on an attempt:
f: a conspiracy to commit an offence against a provision listed in any of paragraphs (a) to (d):
g: being an accessory after the fact in relation to an offence against a provision listed in any of paragraphs (a) to (d) specified order
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: section 108
ii: section 20
iii: section 347
iv: section 42(3) of the Criminal Justice Act 1954
v: section 18(1)﻿(b) of the Offenders Probation Act 1920; or
vi: 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: section 110
ii: section 21
iii: section 41 of the Criminal Justice Act 1954; or
iv: section 92(1)﻿(b) of the Justices of the Peace Act 1927; or
v: a corresponding provision in any other enactment; or
c: an order made by a court in New Zealand under section 112 section 28A
d: an order made by a court in New Zealand under section 124 section 83
e: an order made by a court in New Zealand under section 128 section 84
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
a: any offence against the Land Transport Act 1998 Transport Act 1962 Transport Act 1949 any secondary legislation
b: any offence against any secondary legislation use Section 4 controlling public office inserted 10 April 2018 section 24(2) Criminal Records (Expungement of Convictions for Historical Homosexual Offences) Act 2018 Section 4 conviction substituted 1 July 2009 section 81 Armed Forces Discipline Amendment Act (No 2) 2007 Section 4 criminal record amended 3 December 2018 section 39(1) Family Violence (Amendments) Act 2018 Section 4 criminal record amended 3 December 2018 section 39(2) Family Violence (Amendments) Act 2018 Section 4 criminal record amended 3 December 2018 section 39(3) Family Violence (Amendments) Act 2018 Section 4 criminal record amended 10 April 2018 section 24(2) Criminal Records (Expungement of Convictions for Historical Homosexual Offences) Act 2018 Section 4 criminal record replaced 15 June 2023 section 147 Births, Deaths, Marriages, and Relationships Registration Act 2021 Section 4 law enforcement agency amended 1 December 2020 section 217 Privacy Act 2020 Section 4 non-custodial sentence amended 1 October 2007 section 58 Sentencing Amendment Act 2007 Section 4 offence repealed 1 July 2013 section 413 Criminal Procedure Act 2011 Section 4 prison officer amended 1 June 2005 section 206 Corrections Act 2004 Section 4 public record inserted 10 April 2018 section 24(2) Criminal Records (Expungement of Convictions for Historical Homosexual Offences) Act 2018 Section 4 registrar amended 1 March 2017 section 261 District Court Act 2016 Section 4 security officer amended 1 June 2005 section 206 Corrections Act 2004 Section 4 specified offence substituted 20 May 2005 section 10 Crimes Amendment Act 2005 Section 4 traffic offence amended 28 October 2021 section 3 Secondary Legislation Act 2021 Section 4 traffic offence amended 28 October 2021 section 3 Secondary Legislation Act 2021
5: Act binds the Crown
This Act binds the Crown.
2: Clean slate scheme
6: Application of clean slate scheme
1: The clean slate scheme applies (except as provided in section 31(3) Children’s
2: The clean slate scheme applies—
a: to all sentences, whether imposed before or on or after the commencement of this Act; and
b: to all specified orders, whether made before or on or after the commencement of this Act. Section 6(1) amended 21 December 2018 section 10(1) Children's Amendment Act 2018 Section 6(1) amended 1 July 2015 section 44(2) Vulnerable Children Act 2014
7: Who is eligible under clean slate scheme
1: An individual is eligible under the clean slate scheme if—
a: 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 section 10(2)
b: no custodial sentence has ever been imposed on him or her; and
c: no order has ever been made in relation to him or her under section 34(1)﻿(b) section 118
d: he or she has not been convicted of a specified offence; and
e: 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
f: in the case of a court having ordered the individual to pay costs or compensation under section 106 section 108 section 110
g: no order has ever been made about him or her under section 65 section 30A
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 section 30C Section 7(1)﻿(g) replaced 1 July 2018 section 110(1) Land Transport Amendment Act 2017
8: Effect of further conviction on eligibility
1: If, at any time after becoming an eligible individual (either under section 7(1) section 9 section 10 section 12
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 section 10(2)
b: is otherwise eligible under section 7(1)
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) the District Court
a: the last sentence imposed on the individual was a non-custodial sentence as a result of a conviction for an offence; and
b: 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.
2: If an application is made to the District Court section 7(1)﻿(a) Section 9(1) amended 1 March 2017 section 261 District Court Act 2016 Section 9(2) amended 1 March 2017 section 261 District Court Act 2016
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) the District Court
a: the last sentence imposed on the individual was a custodial sentence as a result of a conviction for an offence; and
b: 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: that the individual need not complete a rehabilitation period for the purposes of section 7(1)﻿(a)
b: 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) the District Court
4: The court may order that the conviction for the specified offence must be disregarded for the purposes of section 7(1)﻿(d)
5: 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).
6: 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 Section 10(1) amended 1 March 2017 section 261 District Court Act 2016 Section 10(3) amended 1 March 2017 section 261 District Court Act 2016 Section 10(8) amended 1 March 2017 section 261 District Court Act 2016
11: Further application
1: Subject to any rules of court, an individual may make a further application under section 9 section 10
a: having previously made an application under either of those sections; or
b: 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 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 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 1 March 2017 section 261 District Court Act 2016
13: Prohibition against publication of applicant's or appellant's name
1: If an application is made under section 9 section 10 section 12
a: the name of the applicant or appellant:
b: any particulars leading to the identification of the applicant or appellant.
2: The particulars referred to in subsection (1) may be published in a report or account if the court orders that they may be published.
3: 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 applicant or appellant); and
b: the public interest.
4: Every person commits an offence if the person contravenes subsection (1) and is liable on
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 1 July 2013 section 413 Criminal Procedure Act 2011 Effect of clean slate scheme on eligible individual
14: Effect of clean slate scheme on eligible individual
1: 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: 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
b: 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 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 controlling public offices Heading amended 10 April 2018 section 24(2) Criminal Records (Expungement of Convictions for Historical Homosexual Offences) Act 2018
15: Responsibility of chief executives
1: Subsection (2) applies to the Secretary for Justice and every other chief executive of a controlling public office
2: A chief executive to whom this subsection applies must take all reasonable steps (including, without limitation, the development of policies and procedures) to ensure the office office
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
b: 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 10 April 2018 section 24(2) Criminal Records (Expungement of Convictions for Historical Homosexual Offences) Act 2018 Section 15(2) amended 10 April 2018 section 24(2) Criminal Records (Expungement of Convictions for Historical Homosexual Offences) Act 2018
16: Effect of clean slate scheme on
controlling public offices,
1: A controlling public office controlling public office
2: A controlling public office controlling public office
3: Subsection (1) is subject to the exceptions in section 19 Section 16 heading amended 10 April 2018 section 24(2) Criminal Records (Expungement of Convictions for Historical Homosexual Offences) Act 2018 Section 16(1) amended 10 April 2018 section 24(2) Criminal Records (Expungement of Convictions for Historical Homosexual Offences) Act 2018 Section 16(2) amended 10 April 2018 section 24(2) Criminal Records (Expungement of Convictions for Historical Homosexual Offences) Act 2018 Offences
17: Offence to unlawfully disclose information required to be concealed
1A: This section applies to a person who—
a: is an officer, employee, or contractor of a controlling public office, government department, or law enforcement agency; and
b: has access to criminal records that are held by, or accessible to, the office, department, or agency.
1: The person
2: A person who commits an offence against subsection (1) is liable on Section 17(1A) inserted 10 April 2018 section 24(2) Criminal Records (Expungement of Convictions for Historical Homosexual Offences) Act 2018 Section 17(1) amended 10 April 2018 section 24(2) Criminal Records (Expungement of Convictions for Historical Homosexual Offences) Act 2018 Section 17(2) amended 1 July 2013 section 413 Criminal Procedure Act 2011
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: disregard the effect of the clean slate scheme when answering a question about his or her criminal record; or
b: disregard the effect of the clean slate scheme and disclose, or give consent to the disclosure of, his or her criminal record.
2: A person who commits an offence against subsection (1) is liable on Section 18(2) amended 1 July 2013 section 413 Criminal Procedure Act 2011 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 subsection (3) applies.
2: A controlling public office controlling public office
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 purposes:
i: the exercise of the prevention, detection, investigation, or prosecution 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
iii: the exercise of the protective security advice and assistance function of the New Zealand Security Intelligence Service under section 11
b: the eligible individual's criminal record or information about the eligible individual's criminal record is relevant to any criminal or civil proceedings before a court or tribunal (including sentencing) or proceedings before the New Zealand Parole Board; or
c: the eligible individual has made an application of any kind under the Arms Act 1983 Police employee
d: the eligible individual has made an application for employment—
i: in a position that involves the national security of New Zealand; or
ii: as a Judge, Justice of the Peace, or Community Magistrate; or
iii: as a Police employee
da: the Social Workers Registration Board is considering whether the eligible individual is a fit and proper person to be registered or to practise as a social worker under the Social Workers Registration Act 2003
e: 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 education to, a child or young person (for example, a foster parent or a caregiver of children or young persons); or
f: the eligible individual's criminal record or information about an eligible individual's criminal record is relevant to an investigation under section 17 Oranga Tamariki Act 1989 Part 2 the Family Court’s
g: 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 controlling public office Section 19(2) amended 10 April 2018 section 24(2) Criminal Records (Expungement of Convictions for Historical Homosexual Offences) Act 2018 Section 19(3)﻿(a)﻿(iii) amended 28 September 2017 section 335 Intelligence and Security Act 2017 Section 19(3)﻿(c) amended 1 October 2008 section 130(1) Policing Act 2008 Section 19(3)﻿(d)﻿(iii) amended 1 October 2008 section 123(2) Policing Act 2008 Section 19(3)﻿(da) inserted 28 February 2019 section 149(2) Social Workers Registration Legislation Act 2019 Section 19(3)﻿(f) amended 14 July 2017 section 149 Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 Section 19(3)﻿(f) amended 1 March 2017 section 261 District Court Act 2016 Section 19(3)﻿(g) amended 10 April 2018 section 24(2) Criminal Records (Expungement of Convictions for Historical Homosexual Offences) Act 2018 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 section 19
2: Any controlling public office or controlling public office or section 19 section 19 Section 20(1) amended 10 April 2018 section 24(2) Criminal Records (Expungement of Convictions for Historical Homosexual Offences) Act 2018 Section 20(2) amended 10 April 2018 section 24(2) Criminal Records (Expungement of Convictions for Historical Homosexual Offences) Act 2018 Relationship to other provisions
21: Relationship to other provisions
1: In this section, provision
a: of any enactment (including, without limitation, section 184 section 409
b: of a rule of law; or
c: contained in any contract, agreement, instrument, or document.
2: 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
b: 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 1 July 2013 section 413 Criminal Procedure Act 2011 Miscellaneous
22: Rules
1: In addition to the powers conferred by the District Court Act 2016 section 155
a: make rules regulating the practice and procedure of the District Court
b: without limiting paragraph (a), make rules regulating the manner in which applications may be made to the District Court section 9 section 10
2: In addition to powers conferred by the Senior Courts Act 2016 section 155
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)
3: 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 Senior Courts Act 2016
4: See section 148 section 228 Section 22(1) amended 1 March 2017 section 261 District Court Act 2016 Section 22(1) amended 1 March 2017 section 183(b) Senior Courts Act 2016 Section 22(1)﻿(a) amended 1 March 2017 section 261 District Court Act 2016 Section 22(1)﻿(b) amended 1 March 2017 section 261 District Court Act 2016 Section 22(2) amended 1 March 2017 section 183(b) Senior Courts Act 2016 Section 22(3) amended 1 March 2017 section 261 District Court Act 2016 Section 22(3) amended 1 March 2017 section 183(b) Senior Courts Act 2016 Section 22(4) inserted 28 October 2021 section 3 Secondary Legislation Act 2021
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 10 April 2018 section 24(2) Criminal Records (Expungement of Convictions for Historical Homosexual Offences) Act 2018 Section 23 amended 10 April 2018 section 24(2) Criminal Records (Expungement of Convictions for Historical Homosexual Offences) Act 2018 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
b: 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.