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Criminal Records (Clean Slate) Act 2004

Clean slate scheme - Relationship to other provisions

21: Relationship to other provisions

You could also call this:

"How this law relates to other laws"

Illustration for Criminal Records (Clean Slate) Act 2004

You need to know what a provision is. A provision is a part of a law, a rule, or a contract. It can be from a law like the Criminal Procedure Act 2011 or the Crimes Act 1961. When a law talks about someone's criminal record, it must be interpreted in a way that is fair to the person. This means the law must respect the person's rights under the clean slate scheme. You have the right to see your own criminal record. The clean slate scheme does not change your right to ask for information about your own criminal record. You can still ask to see your record. This law does not affect that right.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM293519.

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Topics:
Crime and justice > Criminal lawRights and equality > Anti-discriminationRights and equality > Privacy
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"Only use a person's criminal record for the reason you got it"

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22: Rules, or

"Rules for how courts work under the Criminal Records Act"

Part 2Clean slate scheme
Relationship to other provisions

21Relationship to other provisions

  1. In this section, provision means a provision—

  2. of any enactment (including, without limitation, section 184 of the Criminal Procedure Act 2011 and any rules made under section 409 of the Crimes Act 1961); or
    1. of a rule of law; or
      1. contained in any contract, agreement, instrument, or document.

        1. If a reference in a provision to—

        2. an individual's criminal record or to an individual's character or fitness is applied to an eligible individual, it must be interpreted in a way that is consistent with the eligible individual's rights under the clean slate scheme; and
          1. an ability to request the disclosure of information about an individual is applied to an eligible individual's criminal record, it must be interpreted in a way that is consistent with the eligible individual's right to have his or her criminal record concealed.

            1. Nothing in this Act affects an eligible individual's right under any provision to request information about, or a copy of, his or her own criminal record.

            Notes
            • Section 21(1)(a): amended, on , by section 413 of the Criminal Procedure Act 2011 (2011 No 81).