Consideration of overseas convictions

K Logan made this Official Information request to Ministry of Justice

The request was refused by Ministry of Justice.

From: K Logan

Dear Ministry of Justice,

I am looking for some information regarding the admissibility of overseas convictions into pre-sentence reports here in New Zealand. The specific previous criminal records would be from the UK.

Please could you let me know where I can find the relevant legislation the sets this out.

Also if there are any relevant cases that set a legal precedent for allowing relevant previous overseas convictions to be considered when considering sentencing for someone convicted of a criminal offence in New Zealand.

I can confirm I live in New Zealand.

kind regards

I Logan

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From: Ellingham, Jimmy
Ministry of Justice

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Good morning,


I refer to your email of 26 November requesting information about the
admissibility of overseas convictions into pre-sentence reports in New


Because this enquiry is about the content of pre-sentence reports, I have
transferred your request to the Department of Corrections. That department
compiles the reports under section 26 of the Sentencing Act. Accordingly,
the Department of Corrections is best placed to deal with this enquiry and
will respond to your request in due course.




  Jimmy Ellingham

[1]Description: Description: Description: Media Adviser | Communication Services
DDI: +64 4 494 9967 |
Ext 50967 |




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From: K Logan

Dear Jimmy,
Many thanks for your prompt response and also for requesting this information from the department of corrections. I am very interested to know from them also what their procedure is for this. However my original question still stands for this request please. I would like to know where in the law it says that either these convictions should be ignored or where they should be included.

Surely he DOC procedure on this should be based on what the law says?

Yours sincerely,

K Logan

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From: Ellingham, Jimmy
Ministry of Justice


Thanks for your email. It's my understanding your questions into the matter will be answered by the Department of Corrections as the department compiles pre-sentence reports.



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From: Info@Corrections

Attachment c69579 Final Response.pdf
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Please find attached correspondence from the Department of Corrections. 





Ministerial Services Team

National Office

Department of Corrections

Mayfair House

44-52 The Terrace

Private Bag 1206

Wellington 6140



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