Criminal Records (Clean Slate) Act 2004

Clean slate scheme

13: Prohibition against publication of applicant's or appellant's name

You could also call this:

"Keep Your Name Private When Applying or Appealing"

Illustration for Criminal Records (Clean Slate) Act 2004

If you make an application under section 9 or section 10, or you appeal under section 12, your name must not be published. Your name and any details that could identify you must not be published unless the court says it is okay. The court will think about what is best for you and what is best for the public when deciding whether to let your details be published.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM293505.

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"If a court says no to your request, you can ask a higher court to look at it again."


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Part 2Clean slate scheme

13Prohibition against publication of applicant's or appellant's name

  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is made under section 9 or section 10, or an appeal is lodged under section 12, the following particulars must not be published in any report or account unless subsection (2) applies:

  2. the name of the applicant or appellant:
    1. any particulars leading to the identification of the applicant or appellant.
      1. The particulars referred to in subsection (1) may be published in a report or account if the court orders that they may be published.

      2. 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—

      3. the interests of any individual (including, without limitation, the applicant or appellant); and
        1. the public interest.
          1. Every person commits an offence if the person contravenes subsection (1) and is liable on conviction,—

          2. 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
            1. in the case of a body corporate, to a fine not exceeding $5,000.
              Notes
              • Section 13(4): amended, on , by section 413 of the Criminal Procedure Act 2011 (2011 No 81).