Audio from the committee stage of the Criminal Records (Expungement of Convictions for Historical Homosexual Offences) Bill. It was introduced into Parliament by the Justice Minister Amy Adams on 6 July 2017. It is the first expungement scheme to be created in New Zealand. The Bill was reported back to the House without amendment. The report was then unanimously adopted.
Summary
This abstract summarizes key elements of the "Parliament: committee stage of the Criminal Records (Expungement of Convictions for Historical Homosexual Offences) Bill" as discussed by various Members of the New Zealand Parliament on 28th March 2018. The bill sought to expunge criminal records of those convicted for consensual homosexual acts prior to the Homosexual Law Reform Act 1986 and was a move to correct past injustices where being oneself was criminalized.
The bill, stemming from a petition by Wiremu Demchick and 2111 others, called for both an expungement scheme and an official apology for the stigma caused by such convictions. Recognizing past wrongs, this legislative endeavor marked New Zealand’s commitment to addressing prejudice, fear, and trauma encountered by the LGBTQ+ community historically due to discriminatory laws.
During discussions, parliament members applauded the bipartisan acknowledgment of the historical stigma attached to these previous convictions and shared personal connections to the issue. One member shared the story of a family member who was deeply impacted by the weight of having to hide their identity and the difficulties faced in everyday life as well as abroad due to this criminalization.
Clarifications were requested about certain elements of the bill, such as the universal effect of expungement, including its application to overseas jurisdictions and its function in shielding individuals from obligatory disclosure of such convictions.
Another preeminent element of the bill was the right conferred upon the relatives or representatives of deceased individuals to apply for expungement, reflecting the transgenerational impact of these convictions.
The committee articulated the specifics of the bill, the qualified offenses for expungement, and the procedure for application. While there was an understanding of the comprehensive distress and injustice inflicted on those previously convicted, provisions for compensation were deliberated at length and ultimately deemed too complex to implement.
The committee clearly defined historical homosexual offenses, with the expungement test assessing whether the conduct would be criminal today. Importantly, the bill categorically excluded from expungement any behavior that involved non-consensual acts or coercion, differentiating it from offenses rightly criminalized under current law.
Further, discussions also highlighted the importance of not requiring or forcing someone to disregard the effect of expungement, emphasizing the importance of upholding the dignity of those affected. It was addressed that the bill doesn't authorize the deletion of criminal records but rather prohibits their effect on the individual's status.
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