19 January 2021
[FYI request #14241 email]
Request for information
Thank you for your request dated 3 December 2020 asking for information about
convictions and information sharing. Your request has been considered in accordance
with the Official Information Act 1982. My response to your questions can be found
1. If a person is charged with any offence and is found guilty and if he gets a
DISCHARGE WITHOUT CONVICTION S106, wil his information/details about
incident be still held in Police database/records/courts?
Yes, all information relating to offences and incidents reported to Police is held in the Police
National Intelligence Application (NIA). This includes information relating to the
investigation activities of Police into such matters. In addition, this will include charge
information and conviction outcomes for those matters that progress to prosecution. I note
that conviction outcome information is owned by the Ministry of Justice, who shares this
information with Police
You can request information that Police hold about you under the Privacy Act, details of which
can be found here: https://www.police.govt.nz/advice-services/request-
2. And wil that information/other details can be released to other agency like
MBIE/Immigration without consent of the person involved?
Many pieces of legislation encompass and empower other agencies to seek information
from Police which could result in the release of any information that Police hold without
consent. Oranga Tamariki, Teachers Council and the New Zealand Security Intelligence
Service are examples of agencies with the legislative power to request information from
other agencies for specific purposes.
Additionally, Police may share information where necessary in order to assist another
state sector agency in fulfilling its legislative responsibilities.
Police National Headquarters
180 Molesworth Street, Thorndon, Wellington SX11149
Telephone: (04) 474 9499. www.police.govt.nz
When considering whether to release personal information to another agency, Police is
guided by legislative frameworks (such as the Privacy Act 2020) and the overarching
principle of an individual’s right to privacy, which must be balanced against the risks that
non-disclosure might present.
If you are not satisfied with my response to your request, you have the right to ask the
Office of the Ombudsman to seek an investigation and review of my decision.
Manager Strategy and Practice
+64 6 213 9395
+64 21 192 3921
- Approval sheet 01-20-36832 (1).pdf
- Carlos, David 01-20-36832 OIA request.pdf