4 Interpretation

In this Act, unless the context otherwise requires,—

clean slate scheme means the scheme established by Part 2 under which an eligible individual—

(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 means—

(a)

a community-based sentence as defined in section 4(1) of the Sentencing Act 2002; and

(b)

a community-based sentence as defined in section 2(1) of the Criminal Justice Act 1985; and

(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 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

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 or resulting from an appeal from a decision under that Act

criminal record means,—

(a)

in relation to a question asked of an individual, any—

(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)

any official record (including, without limitation, an electronic record) that is kept by, or on behalf of, the Crown of—

(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 recorded under section 60 of the Births, Deaths, Marriages, and Relationships Registration Act 1995 (or any corresponding provision of an earlier enactment) or section 62F of that Act and included in the certificate under regulations made under section 88(1)(b) of that Act

custodial sentence means a sentence of imprisonment imposed under the Sentencing Act 2002 or under any earlier corresponding enactment; and includes—

(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 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)

an agency that holds or has access to information described in Schedule 5 of the Privacy Act 1993; and

(b)

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 sentence, a sentence of home detention, a sentence of a fine or reparation, a suspended 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

probation officer has the same meaning as in section 4(1) of the Sentencing Act 2002

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 sentenced, 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 conviction 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)

section 130 (incest):

(ii)

section 131B(1) (meeting a young person under 16 following sexual grooming, etc):

(iii)

section 144C (organising or promoting child sex tours):

(iv)

section 204A (female genital mutilation):

(v)

section 204B (further offences relating to female genital mutilation):

(b)

an offence committed after the commencement of the Crimes Amendment Act 2005 against any of the following provisions of the Crimes Act 1961:

(i)

section 131 (sexual conduct with a dependent family member):

(ii)

section 132 (sexual conduct with a child under 12):

(iii)

section 134 (sexual conduct with a young person under 16):

(iv)

section 138 (sexual exploitation of a person with a significant impairment):

(v)

section 144A (sexual conduct with children and young people outside New Zealand):

(c)

an offence committed before the commencement of the Crimes Amendment Act 2005 against any of the following provisions of the Crimes Act 1961:

(i)

section 131 (sexual intercourse with a girl under care or protection):

(ii)

section 132 (sexual intercourse with a girl under 12):

(iii)

section 133 (indecency with a girl under 12):

(iv)

section 134 (sexual intercourse or indecency with a girl between 12 and 16):

(v)

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)

section 142 (anal intercourse):

(x)

section 144A (sexual conduct with children outside New Zealand):

(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 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)

section 108 of the Sentencing Act 2002; or

(ii)

section 20 of the Criminal Justice Act 1985; or

(iii)

section 347 of the Crimes Act 1961; or

(iv)

section 42(3) of the Criminal Justice Act 1954; or

(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 of the Sentencing Act 2002; or

(ii)

section 21 of the Criminal Justice Act 1985; or

(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 of the Sentencing 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

(d)

an order made by a court in New Zealand under section 124 of the Sentencing 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 holding or obtaining a driver licence; or

(e)

an order made by a court in New Zealand under section 128 of the Sentencing 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 confiscated; 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 regulation, rule, or bylaw made under any of those Acts; and

(b)

any offence against any regulation, rule, or bylaw 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 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 paragraph (b)(ii): amended, on 24 January 2009, by section 47 of the Births, Deaths, Marriages, and Relationships Registration Amendment Act 2008 (2008 No 48).

Section 4 criminal record paragraph (b)(ii): amended, on 26 April 2005, by section 7 of the Relationships (Statutory References) Act 2005 (2005 No 3).

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 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).