The Government will introduce a new scheme to address historical convictions for homosexual offences, Justice Minister Amy Adams has announced.
“While the Homosexual Law Reform Act 1986 decriminalised consensual sex between men aged 16 and over, convictions for those offences remain on record and can appear in criminal history checks,” Ms Adams says.
“Although we can never fully undo the impact on the lives of those affected, this new scheme will provide a pathway for their convictions to be expunged. It means people will be treated as if they had never been convicted, and removes the ongoing stigma and prejudice that can arise from convictions for homosexual offences.
“I acknowledge the pain that these New Zealanders have lived with and hope that this will go some way toward addressing that.”
People with convictions for specific offences relating to consensual sexual activity between men 16 years and over will be eligible to apply to the Secretary of Justice to have the conviction expunged, an approach consistent with other overseas jurisdictions, such as Australia. If a person’s application is approved, government records will be amended so the conviction does not appear in criminal history checks and they will be entitled to declare they have no such conviction.
The application process will be free for applicants. Decisions will be made by the Secretary of Justice, without the need for formal court hearings or for applicants to appear in person.
“As there may be instances where the offending involved conduct that is still unlawful today, we can’t apply a broad brush approach to wiping convictions. The scheme will involve a case-by-case approach,” Ms Adams says.
Ms Adams says the Government intends to introduce legislation to implement the scheme in the coming months.
- Q&A - Historical homosexual convictions expungement scheme.pdf (pdf 209.89 KB)