New Zealand: Legislation Enabling Wiping of Historical Homosexual Convictions Enacted

(Apr. 11, 2018) On April 3, 2018, the New Zealand Parliament passed the Criminal Records (Expungement of Convictions for Historical Homosexual Offences) Bill, and it was signed into law on April 9. (Criminal Records (Expungement of Convictions for Historical Homosexual Offences) Bill, NEW ZEALAND PARLIAMENT (last visited Apr. 11, 2018); Criminal Records (Expungement of Convictions for Historical Homosexual Offences) Bill (“Bill”), New Zealand Legislation website.) The legislation establishes a system that enables “men who were convicted of specific offences that have since been decriminalised to apply to be treated as if they had never been convicted.” (Wiping Historical Homosexual Convictions, MINISTRY OF JUSTICE (last visited Apr. 9, 2018).)

Offenses related to homosexual conduct were removed from the Crimes Act 1961 by the Homosexual Law Reform Act 1986. (Homosexual Law Reform Act 1986, New Zealand Legislation website.) However, convictions before that date remain on a person’s criminal record as “[t]here is no general rule that a person’s conviction is disregarded because the conduct concerned is no longer an offence.” (Wiping Historical Homosexual Convictions: Questions and Answers, MINISTRY OF JUSTICE (last visited Apr. 9, 2018).) Read more via LOC