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Pamphlet: |
Criminal Records (Clean Slate) Act 2004
This Act came into force on 29 November 2004
Background
The Criminal Records (Clean Slate) Bill received its third reading in Parliament on 11 May 2004. It received the Royal Assent on 16th of May 2004. This Act came into force on Monday 29 November 2004. Any questions asked about criminal records or requests for an individual's criminal record processed on or after Monday 29 November 2004 will comply with the requirements of the Criminal Records (Clean Slate) Act 2004.
This legislation is designed to allow individuals with less serious convictions who have been conviction-free for at least seven years to put their past behind them. It will enable eligible individuals to conceal convictions in most circumstances. There are some exceptions when individuals' convictions can continue to be disclosed (see Section 19 of the Act).
A copy of Hon Phil Goff's press release about the commencement of the legislation can be obtained here.
Commencement date:
The Act did not come into force immediately. Therefore, individuals could not obtain the benefit of the clean slate scheme until the Act commenced. The Act commenced on Monday 29 November 2004.
Delayed commencement was necessary to enable the Ministry of Justice and the New Zealand Police to implement the Act, with changes to information technology systems and day-to-day work practices.
General information about the effect of the legislation:
What are the criteria for concealing my criminal record?
An individual must meet all of the criteria in section 7 of the Act before all of their convictions can be concealed. The general criteria for obtaining the benefits of the 'clean slate' scheme are set out below. The Act should be consulted for full information.
The individual must have:
- no convictions within the last 7 years;
- never been sentenced to a custodial sentence(e.g. imprisonment, corrective training, borstal);
- never been ordered by a Court during a criminal case to be detained in a hospital due to his/her mental condition, instead of being sentenced;
- not been convicted of a "specified offence" (e.g. sexual offending against children and young people or the mentally impaired)(see interpretation section for a full list);
- paid in full any fine, reparation or costs ordered by the Court in a criminal case;
- never been indefinitely disqualified from driving under section 65 Land Transport Act 1998 or earlier equivalent provision.
A copy of the Criminal Records (Clean Slate) Act 2004 can be purchased from Bennetts Government Bookshops. Your local store can be located here :
Alternatively the legislation is available to download here :
How will I know if I meet the criteria once the Act is in force?
The Criminal Records (Clean Slate) Act 2004 is an automatic scheme - therefore, it will not be necessary to apply for a 'clean slate'.
Individuals will be able to request a copy of their criminal record from the Privacy Assistant of the Ministry of Justice after commencement to determine if they meet the criteria. If an individual is eligible under the scheme his/her convictions will be concealed. If the individual's convictions continue to be on their criminal record they do not meet the eligibility criteria.
Information about obtaining a copy of your criminal record is available here .
The Ministry of Justice has developed an information pamphlet to increase awareness of the effect of the legislation. The pamphlet is available in English, Maori, Cook Island Maori, Tongan, Samoan, and Niuean.
As part of the public information campaign to ensure that potential employers know about the effect of the legislation a copy of this pamphlet has been distributed to every business and farmer Post Office Boxes, Private bags and counter delivery around the country. The Ministry of Justice has also sent a copy of the pamphlet to a range of interested parties, including electorate offices, chambers of commerce, District Law Societies, and the judiciary.
How do I get a copy of the pamphlet?
There are three ways you can obtain or view a copy of the pamphlet about the Criminal Records (Clean Slate) Act 2004:
- Copies of the pamphlet are also available at courts, police stations, community law centres, and Citizens' Advice Bureaux around the country;
- You can request a pamphlet through the Ministry of Justice website on the Publications page under the heading "Paper Publications"; or
- You can view the pamphlet online, in any language, in either PDF and HTML format on the Ministry of Justice website on the Publications page, under the heading "Other Publications".
How will this legislation impact on my ability to travel overseas & completing visa application forms?
Because New Zealand legislation cannot bind a foreign government, the Act will have no impact on the border and immigration disclosure requirements of overseas jurisdictions. Where a foreign State requires disclosure of all criminal convictions, whether entitled to be concealed or not, all convictions will need to continue to be provided. The weight that is given to the conviction in relation to the immigration or visa application is at the discretion of the country in question.