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Clean Slate Bill

Nandor Tanczos MP

Subject: Justice

Spokesperson: 
Green Party Justice Spokesperson

Explanatory note

This bill ensures the fair administration of justice for those offenders who have committed minor crimes and are unlikely to re-offend. Current legislation subjects these people to continued discrimination throughout their lives due to the continued threat of exposure to past offences. This bill allows offenders who have paid their dues to society to put their past behind them. It provides for minor convictions to be spent if the sentence for the offence was less than six months imprisonment and the offender has not re-offended for seven years from the date of conviction. This bill also makes consequential amendments.

Nandor Tanczos

Clean Slate Bill

Member's Bill

The Parliament of New Zealand enacts as follows:

  1. Title This Act is the Clean Slate Act 2000.

  2. Commencement
    This Act comes into force on the day after the date on which it receives the Royal assent.

  3. Act binds the Crown
    This Act binds the Crown.

  4. Purpose
    The purpose of this Act is to limit the effects of a person's conviction for a minor crime in situations where that person is unlikely to re-offend.

  5. Interpretation
    In this Act, unless the context otherwise requires,

    conviction means any conviction for any offence entered (whether before or after the commencement of this Act) by or before a court in New Zealand

    imprisonment means any form of detention or custody whereby an offender is deprived of liberty for a continuous period, including detention or custody in a psychiatric institution or hospital, and military custody

    offence means any offence other than a traffic offence not punishable by imprisonment

    organisation means any body or organisation, whether incorporated or unincorporated

    public authority means —
    (a) a Minister of the Crown:
    (b) a Government department:
    (c) any instrument of the Executive Government of New Zealand:
    (d) any local authority

    sexual offence means any sexual offence under Part VII of the Crimes Act 1961 and female genital mutilation under sections 204A and 204B of the Crimes Act 1961

    spent conviction means any conviction that is a spent conviction under the terms of sections 6 and 7.

  6. Spent convictions
    All convictions of a person become spent convictions after the period specified in section 7 except —
    (a) convictions for which a prison sentence of more than 6 months or a fine exceeding $2000 has been imposed; and
    (b) convictions for sexual offences; and
    (c) convictions imposed against bodies corporate.

  7. Time frame for spent convictions
    All convictions capable of becoming spent convictions under section 6, must be spent convictions —
    (a) after a period of 7 years if the convicted person has not subsequently been convicted of another offence in that 7-year period from the date of the first conviction; or
    (b) in the case of a child or young person convicted of an offence tried in the Youth Court, for which a the child or young person was sentenced to imprisonment for a term of less than 3 months, after a period of 3 years if the convicted child or young person has not subsequently been convicted of another offence in that 3-year period from the date of the first conviction.

  8. Consequences of spent convictions
    (1) Subject to section 9, when a convicted person's conviction becomes a spent conviction —
    (a) no person or organisation may require a person to disclose any information concerning a spent conviction for any purpose; and
    (b) no person or organisation asking questions of a person concerning a person's criminal history may require a person to disclose convictions which are spent convictions.

    (2) In the application of a provision of any Act or Regulation to the person concerned, —
    (a) a reference in the provision to a conviction is a reference only to any conviction of the person which is not a spent conviction; and
    (b) a reference in the provision to the person's character or fitness is not to be interpreted as permitting or requiring a spent conviction to be taken into account.

  9. Exclusions
    (1) This Act must not apply in relation to an application by a person for appointment or employment as a judge, magistrate, justice of the peace, prison officer, teacher, teacher's aide or provider of child-care services.

    (2) This Act must not apply in relation to a conviction of a person for arson or attempted arson if the person seeks to be appointed in fire fighting or fire protection.

    (3) This Act must not apply to a spent conviction of a person who commits a subsequent crime similar in fact to the crime which that person was previously convicted.

    (4) Where subsection (3) applies, the Police may apply to the Court for an order allowing them to bring the spent conviction before the Court.

  10. Non-revival of spent convictions
    Any conviction which is spent conviction in accordance with sections 6 and 7 is not revived by a subsequent conviction.

  11. Findings and orders treated as convictions
    For the purposes of this Act, the following orders of a court are treated as convictions:
    (a) a discharge under section 20 of the Criminal Justice Act 1985; and
    (b) an order, pursuant to section 21 of the Criminal Justice Act 1985 to appear for sentence if called upon.

  12. Unlawful discrimination an offence
    (1) No person who has a spent conviction is to be subject to unlawful discrimination in respect of that spent conviction.

    (2) Any person who subjects another person to unlawful discrimination, contrary to subsection (1) commits an offence and is liable on summary conviction to a fine not exceeding $7000.

  13. Offence to require disclosure
    (1) Subject to section 9, any person or organisation commits an offence who contrary to section 8, requires a person to disclose a spent conviction for any purpose.

    (2) Any person who requires a person to disclose a spent conviction, contrary to subsection (1) commits an offence and is liable on summary conviction to a fine not exceeding $7000.

  14. Destruction of records
    This Act does not authorise a public authority or its agent to destroy records relating to spent convictions.

  15. Consequential amendments
    The enactments specified in the Schedule are amended in the manner indicated in that schedule.

Schedule

Enactments Amended

Privacy Act 1993

Insert, after section 111 the following section:

" 111A Spent convictions

Accessing agencies with access to law enforcement information under section 111 of this Act cannot access information relating to convictions that are spent convictions in accordance with the Clean Slate Act 2000."

Add, in section 112, after subsection (4) the following subsection:

" (5) any local authority with authorisation to access law enforcement information under subsection (1) of this section cannot access information relating to convictions that are spent convictions in accordance with the Clean Slate Act 2000."

Evidence Amendment Act (No. 2) 1980

Add, in section 23, after subsection (4) the following subsection:

"(5) convictions that are spent convictions in accordance with the Clean Slate Act 2000 are not admissible as evidence under subsection (1) of this section."