New Zealand men convicted of gay sex can have criminal records wiped

'This new scheme will provide a pathway for their convictions to be expunged' says Justice Minister Amy Adams

New Zealand Justice Minister Amy Adams (NZ Herald)

Gay men in New Zealand who were convicted of homosexuality when it was still considered a crime, will soon be able to have their records cleared.

Apologising to those who had been convicted, Justice minister Amy Adams said people convicted of indecency, sodomy or providing a place for homosexual acts would have their criminal records wiped.

But she said they would not receive any compensation.

"Although we can never fully undo the impact on the lives of those affected, this new scheme will provide a pathway for their convictions to be expunged," Ms Adams said. "It means people will be treated as if they had never been convicted, and removes the ongoing stigma and prejudice that can arise from convictions for homosexual offences."

She estimated about 1,000 gay men would be eligible to have their convictions quashed.

Homosexuality was decriminalised in New Zealand in 1986 and same-sex marriage legalised in 2013. Sex between women was never explicitly illegal under New Zealand law.

“There is no doubt that homosexual New Zealanders who were convicted and branded as criminals for consensual activity suffered tremendous hurt and stigma,” Ms Adams told reporters. “We are sorry for what those men and their families have gone through.”

Ms Adams said the scheme was the first of its kind in New Zealand and had important legal and constitutional implications.She added that it was possible to look back with hindsight and question whether it should have been done earlier.

“We think this is a case where society is strongly of the view now that this should not have been regarded as a conviction, even though that was the law at the time,” she said.

Those with convictions will still need to apply to have them wiped and have their cases assessed.

That is because the law at the time did not distinguish between consensual and non-consensual homosexual activity, Ms Adams said.

Opposition politician Grant Robertson, who is openly gay, supported the move.

“This is really good news,” he tweeted. “Congrats to Amy Adams on righting this long-standing wrong.”