Application of Criminal Records (Clean Slate) Scheme to Character Checks for Supporting Partners in Partnership Category Applications

Policy effect

Establishes that immigration officers assessing the character requirement for partners supporting Partnership Category applications must not request, require, or use information regarding a supporting partner's New Zealand convictions if covered by the Criminal Records (Clean Slate) Act 2004, unless the partner voluntarily discloses them. Phase scope: Operative from 8 May 2017 across all partnership residence category applications.

Conditions and exceptions

Validated condition or limit: Establishes that immigration officers assessing the character requirement for partners supporting Partnership Category applications must not request, require, or use information regarding a supporting partner's New Zealand convictions if covered by the Criminal Records (Clean Slate) Act 2004, unless the partner voluntarily discloses them.

Official source excerpt

Quoted verbatim from the official source below. Ellipses indicate omitted text.

Category applications is met When assessing whether the supporting partner meets the character requirements of R5.95(a), an immigration officer must be aware that a supporting partner’s New Zealand convictions may be covered by the Criminal Records (Clean Slate) Act 2004 (Clean Slate Scheme) and that, if so, the supporting partner is not required to declare those convictions. If Immigration New Zealand holds any information that the supporting partner has convictions, and those convictions are covered by the Clean Slate Scheme, this information cannot be used when assessing whether the supporting partner meets the character requirements of R5.95(a). Note: The information referred to in (b), above, includes any prior police certificates, any information INZ holds in its records (including its Application Management System), and any other information which may have been gathered from a public source. If a person’s convictions are covered by the Clean Slate Scheme, immigration officers cannot, under any circumstances, request or require that an individual disregard the effect of the Clean Slate Scheme when answering questions about his or her criminal record, or disregard the effect … of the Clean Slate Scheme and disclose, or give consent to the disclosure of, his or her criminal record. Doing so is an offence under the Criminal Records (Clean Slate) Act 2004. However, if the supporting partner voluntarily declares criminal convictions that are subject to the Clean Slate Scheme, this information can be used to assess whether the supporting partner meets the character requirements of R5.95(a). Effective 08/05/2017 PREVIOUS IMMIGRATION INSTRUCTIONS R5.95 Character requirement for partners supporting Partnership Category applications (23/12/2019) R5.95 Character requirement for …

Review method

Two separate automated exact-claim source reviews

Other New Zealand changes operative in 2017

• 2017-05-22Introduction of the South Island Contribution Work Visa (WR7)
• 2017-05-22RW8 Residence instructions for holders of work visas granted under South Island Contribution work instructions
• 2017-08-28Essential Skills Work Visa Remuneration Thresholds and Duration Adjustments
• 2017-08-28SM3.5 Skilled Migrant Category requirements
• 2017-12-20Recognised Seasonal Employer Scheme Cap Increase (December 2017)