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Criminal Records (Clean Slate) Act 2004

Clean slate scheme - Exceptions

19: Exceptions to general effect of clean slate scheme

You could also call this:

"When you must tell people about your hidden criminal record"

Illustration for Criminal Records (Clean Slate) Act 2004

You have a criminal record, but it can be hidden from most people. However, you must tell someone about your record in certain situations. A public office or employee can also share your record if it is necessary. You must state that you have a criminal record if you are applying for a job in a sensitive area, like a police officer or a social worker. This also applies if you are applying to work with children or young people, or if you are trying to get a licence under the Arms Act 1983. Your record can also be shared if it is relevant to a court case or an investigation. There are some specific situations where your record can be shared, such as when the New Zealand Security Intelligence Service is giving advice under section 11 of the Intelligence and Security Act 2017. It can also be shared when the Social Workers Registration Board is deciding if you are a fit and proper person to be a social worker under the Social Workers Registration Act 2003. Additionally, your record can be shared if you are applying for a job that involves the care and protection of children or young people, or if you are being investigated under the Oranga Tamariki Act 1989. Your record can also be shared for research purposes, but only if it is approved by a public office. You can find more information about these laws by looking at the Intelligence and Security Act 2017, the Social Workers Registration Act 2003, the Arms Act 1983, and the Oranga Tamariki Act 1989.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM293515.

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18: Offence to require or request that individual disregard scheme, or

"Asking someone to hide their criminal record when they don't have to is against the law."

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20: Limits on use of eligible individuals' criminal records, or

"Only use a person's criminal record for the reason you got it"

Part 2Clean slate scheme
Exceptions

19Exceptions to general effect of clean slate scheme

  1. An eligible individual must state that he or she has a criminal record if subsection (3) applies.

  2. A controlling public office, or an employee or contractor of a controlling public office, that holds or has access to criminal records may disclose the criminal record or information about the criminal record of an eligible individual if subsection (3) applies.

  3. This subsection applies if—

  4. the eligible individual's criminal record or information about the eligible individual's criminal record is necessary for any of the following purposes:
    1. the exercise of the prevention, detection, investigation, or prosecution functions of a law enforcement agency or an overseas agency or body whose functions correspond to those of a law enforcement agency; or
      1. the administration of sentences or the management of remand inmates by a law enforcement agency; or
        1. the exercise of the protective security advice and assistance function of the New Zealand Security Intelligence Service under section 11 of the Intelligence and Security Act 2017; or
        2. the eligible individual's criminal record or information about the eligible individual's criminal record is relevant to any criminal or civil proceedings before a court or tribunal (including sentencing) or proceedings before the New Zealand Parole Board; or
          1. the eligible individual has made an application of any kind under the Arms Act 1983 and a Police employee is considering whether the individual is a fit and proper person for the purposes of that application; or
            1. the eligible individual has made an application for employment—
              1. in a position that involves the national security of New Zealand; or
                1. as a Judge, Justice of the Peace, or Community Magistrate; or
                  1. as a Police employee, prison officer, probation officer, or security officer; or
                  2. the Social Workers Registration Board is considering whether the eligible individual is a fit and proper person to be registered or to practise as a social worker under the Social Workers Registration Act 2003; or
                    1. the eligible individual has made an application to act in a role predominantly involving the care and protection of, but not predominantly involving the delivery of education to, a child or young person (for example, a foster parent or a caregiver of children or young persons); or
                      1. the eligible individual's criminal record or information about an eligible individual's criminal record is relevant to an investigation under section 17 of the Oranga Tamariki Act 1989 of a report of ill-treatment or neglect of a child or young person or in relation to any procedure under Part 2 of that Act arising from an investigation of that kind (including, without limitation, holding a family group conference or the Family Court’s consideration of an application for a declaration that a child or young person is in need of care or protection); or
                        1. the eligible individual's criminal record or information about an eligible individual's criminal record is relevant to the undertaking of research that requires access to criminal history information to be given to any employee or person contracted to a controlling public office or to any person undertaking research approved by a controlling public office.

                          Notes
                          • Section 19(2): amended, on , by section 24(2) of the Criminal Records (Expungement of Convictions for Historical Homosexual Offences) Act 2018 (2018 No 7).
                          • Section 19(3)(a)(iii): amended, on , by section 335 of the Intelligence and Security Act 2017 (2017 No 10).
                          • Section 19(3)(c): amended, on , by section 130(1) of the Policing Act 2008 (2008 No 72).
                          • Section 19(3)(d)(iii): amended, on , by section 123(2) of the Policing Act 2008 (2008 No 72).
                          • Section 19(3)(da): inserted, on , by section 149(2) of the Social Workers Registration Legislation Act 2019 (2019 No 3).
                          • Section 19(3)(f): amended, on , by section 149 of the Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 (2017 No 31).
                          • Section 19(3)(f): amended, on , by section 261 of the District Court Act 2016 (2016 No 49).
                          • Section 19(3)(g): amended, on , by section 24(2) of the Criminal Records (Expungement of Convictions for Historical Homosexual Offences) Act 2018 (2018 No 7).