New Zealand Legislation: Acts
Acts are laws made by Parliament
(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.