Compo after police gave out criminal record

A man has been awarded $6000 compensation after police handed a list of his criminal records to the lawyer of his former partner. Photo / NZ Herald

A 51-year-old Pacific Island man has been awarded $6000 after police handed a list of his criminal records to the lawyer of his former partner.

The Human Rights Review Tribunal ruled that in handing over the charge sheet, police breached the man's privacy.

The tribunal heard in Auckland that the man was involved in a Family Court proceeding involving access to his 14 month-old daughter in December 2008.

All parties have name suppression to protect the identity of the child and other children.

The mother's lawyer had written to police asking for details of any domestic violence relating to the man.

But according to the tribunal, police provided much more besides.

They included a complete list of relatively minor criminal matters with which the man had been charged even though all but four had occurred more than nine years earlier and in some cases the offences were more than 17 years old.

In addition many had ended when the proceedings were discontinued, dismissed for want of prosecution, withdrawn, or after the plaintiff had been convicted but then discharged.

The tribunal noted that there were only six convictions for common assault or assault on a female, the last in 1999.

By a two to one majority, the tribunal agreed that the man's privacy had been breached.

However, the tribunal said that the disclosure had not affected the outcome of the Family Court hearings and had not compromised his position with his former employer, as claimed by the man.

But the tribunal said the man was concerned that the mother had told many people about his past, including his older children, who were not aware of things he had done as a young man and of which he was now very ashamed.

The man was worried that his children would grow up thinking he was a bad and violent man and would not want to have contact with him.

- NZPA