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Criminal Records (Clean Slate) Act 2004

Clean slate scheme - Offences

17: Offence to unlawfully disclose information required to be concealed

You could also call this:

"Keeping criminal records secret: it's an offence to share them without permission"

Illustration for Criminal Records (Clean Slate) Act 2004

If you work for a government department, law enforcement agency, or a public office and have access to criminal records, you must keep certain information secret. You commit an offence if you share a criminal record or information about it with someone else, knowing you are not allowed to or not caring if you are allowed to. If you do this, you can be fined up to $20,000 if you are found guilty.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM293512.

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Topics:
Crime and justice > Criminal lawCrime and justice > Police and safetyRights and equality > Privacy
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Part 2Clean slate scheme
Offences

17Offence to unlawfully disclose information required to be concealed

  1. This section applies to a person who—

  2. is an officer, employee, or contractor of a controlling public office, government department, or law enforcement agency; and
    1. has access to criminal records that are held by, or accessible to, the office, department, or agency.

      1. The person commits an offence if the person has access to criminal records, and knowing that he or she does not have lawful authority under this Act, or being reckless as to whether or not he or she has lawful authority under this Act, discloses to any person, body, or agency the criminal record, or information about the criminal record, of an eligible individual that is required to be concealed.

      2. A person who commits an offence against subsection (1) is liable on conviction to a fine not exceeding $20,000.

      Notes
      • Section 17(1A): inserted, on , by section 24(2) of the Criminal Records (Expungement of Convictions for Historical Homosexual Offences) Act 2018 (2018 No 7).
      • Section 17(1): amended, on , by section 24(2) of the Criminal Records (Expungement of Convictions for Historical Homosexual Offences) Act 2018 (2018 No 7).
      • Section 17(2): amended, on , by section 413 of the Criminal Procedure Act 2011 (2011 No 81).