New Zealand Legislation: Acts

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) 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).