New Zealand Legislation: Acts

3 Meaning of conviction, etc, of an offence

• (1) For the purposes of this Act, a person shall be treated as having been convicted on indictment of a serious offence if—

  • (a) The person is proceeded against by indictment and convicted of the offence:

  • (b) The person is proceeded against by indictment and found guilty of, or pleads guilty to, the offence but is discharged without conviction:

  • (c) The person absconds in connection with the offence.

  (2) For the purposes of this Act, a person's conviction of an offence shall be treated as having been quashed,—

  • (a) Where subsection (1)(a) of this section applies, if the conviction is quashed or set aside:

  • (b) Where subsection (1)(b) of this section applies, if the finding or plea of guilt is quashed or set aside:

  • (c) Where subsection (1)(c) of this section applies, if, after the person has been brought before a Court in respect of the offence, the person is discharged in respect of the offence or a conviction of the person for the offence is quashed or set aside.

  (3) Where a person is treated as having been convicted of an offence by reason of subsection (1)(c) of this section, a reference in this Act to the commission of the offence by the person shall be read as a reference to the alleged commission of the offence by that person.

  Compare: Proceeds of Crime Act 1987 (Aust), s 5