Effect of clean slate scheme on eligible individual

14 Effect of clean slate scheme on eligible individual

(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.