This Act comes into force on a date to be appointed by the Governor-General by Order in Council.

(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) if the individual satisfies the relevant eligibility criteria.

(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:

In this Act, unless the context otherwise requires,—

This Act binds the Crown.

(1) The clean slate scheme applies 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) 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.

(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 or section 10(2); and

• (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) 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

• (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, 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

• (g) 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.

(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.

(1) 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.

(1) An individual who is otherwise eligible under section 7(1) may make an application to a District Court for an order under subsection (2) if—

• (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 a 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).

(1) An individual who is otherwise eligible under section 7(1) may apply to a District Court for an order under subsection (2) if—

• (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); and

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

(1) 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

• (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.

(1) An individual may appeal to the High Court against the decision 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 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.

(1) 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) 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 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

• (b) in the case of a body corporate, to a fine not exceeding $5,000.

(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.

(1) 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 development 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 government 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

• (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.

(1) 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 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 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.

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

(1) A 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 information 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 summary conviction to a fine not exceeding $20,000.

(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 summary conviction to a fine not exceeding $10,000.

(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.

(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 security-related functions of the New Zealand Security Intelligence Service; or

• (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 and a member of the police is considering whether the individual is a fit and proper person for the purposes of that application; or

• (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 member of the police, prison officer, probation officer, or security officer; or

• (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 of the Children, Young Persons, and Their Families Act 1989 of a report of ill-treatment 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

• (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 government department or law enforcement agency or to any person undertaking research approved by a government department or law enforcement agency.

(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 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.

(1) 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

• (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.

(1) In addition to the powers conferred by the District Courts Act 1947, 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 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 District Courts under this Act; and

• (b) without limiting paragraph (a), make rules regulating the manner in which applications may be made to District Courts under section 9 and section 10.

(2) In addition to powers conferred by the Judicature Act 1908, 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 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).

(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 Courts Act 1947 or the Judicature Act 1908 (which-ever is applicable) apply, with all necessary modifications, to the practice and procedure of courts under this Act.

All proceedings under this Act are civil proceedings for the purposes of the Legal Services Act 2000.

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.