Justice Centre | 19 Aitken Street
DX SX10088 | Wellington
T 04 918 8800 |
F 04 918 8820
[email address] | www.justice.govt.nz
11 April 2022
Oscar
[FYI request #18935 email]
Our ref: OIA 94529
Tēnā koe Oscar
Official Information Act request: Discharge without conviction data
Thank you for your email of 20 March 2022 requesting, under the Official Information Act 1982
(the Act), information regarding discharge without conviction data.
Specifically, you requested:
… a breakdown of the following statistics for the past 5 year period.
1. Number of people who got a discharge without conviction and what their charges
were.
2. Number of people who applied for a discharge without conviction, but we're not
given one and what their charges were.
In response to part 1 of your request, the information is available on the Ministry of Justice (the
Ministry) website at: www.justice.govt.nz/assets/Documents/Publications/5jluvur-Discharge-
without-conviction-dec2021-v1.0.xlsx. I am therefore refusing this part of your request under
section 18(d) of the Act as the information is already publicly available.
Before responding to part 2 of your request, I would first like to explain how the Ministry
undertakes reporting on applications made under section 106 of the Sentencing Act 2002 for
discharge without conviction.
The Ministry reports on charge outcomes rather than application outcomes. When an
application is successful, this is reflected and identified in the charge outcome of ‘discharged
without conviction’. When an application is not successful, the charge will simply reflect a
conviction and sentencing.
This means that, if an application for discharge without conviction is unsuccessful, this will not
be identified in the charge outcome. The Ministry is therefore unable to report on unsuccessful
applications.
It is for this reason that I am refusing part 2 of your request under section 18(g) of the Act. The
information you have requested is not held by the Ministry and I have no grounds for believing
it is held by another agency.
If you are not satisfied with my response, you have the right to complain to the Ombudsman
under section 28(3) of the Act. The Ombudsman may be contacted by email at
[email address].
Nāku, noa nā
Jan Morison
Acting Manager, Ministerial Relations and Services