Hon Amy Adams

Minister of Justice
28 June 2017
Bill to wipe historical homosexual convictions introduced

A Bill to allow historical convictions for homosexual offences to be removed will help put right a wrong from the past, says Justice Minister Amy Adams.

The Criminal Records (Expungement of Convictions for Historical Homosexual Offences) Bill was introduced to Parliament today.

“The tremendous hurt and stigma suffered by those who were affected can never be fully undone, but I hope that this Bill will go some way toward addressing that,” says Ms Adams.

“This Bill introduces the first ever expungement scheme in New Zealand. It will allow men convicted of specific homosexual offences decriminalised by the Homosexual Law Reform Act 1986 to apply to have the convictions wiped from their criminal record.

“Allowing historical convictions for homosexual offences to remain on a person’s criminal record perpetuates the stigma which such convictions carry. A person can be further disadvantaged if they are required to disclose their conviction or it appears on a criminal history check.”

Ms Adams says the scheme will be open to applications from men with convictions for specific offences relating to sexual conduct between consenting men 16 years and over, or by a family member on their behalf if the person is deceased. The application process will be free for applicants.

“The scheme requires case-by-case assessments of the relevant facts to determine whether the conduct a person was charged with is still unlawful today. The decision will be made by the Secretary for Justice, without the need for a court hearing or for applicants to appear in person,” says Ms Adams.

“If a person’s conviction is expunged, the conviction will not appear on a criminal history check for any purpose and they will be entitled to declare they had no such conviction when required to under New Zealand law.”

A copy of the Bill can be found at www.parliament.nz/en/pb/bills-and-laws/bills-proposed-laws/document/BILL_74442/criminal-records-expungement-of-convictions-for-historical

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