What is
Police diversion
in New Zealand?

What is diversion?

Diversion is a scheme operated by the Police Prosecution Service (PPS) that allows eligible first-time offenders to resolve criminal charges without going through the formal court process. If you are offered diversion and complete the conditions set by the Police, the charge is withdrawn. You are not convicted, and you have no criminal record for the matter. If you are asked whether you have a criminal record, you can truthfully answer no.

Who can get diversion?

Diversion is typically available for minor, first-time offences where the person accepts responsibility for what they did. Common examples include shoplifting, minor assault, minor drug possession, and some dishonesty charges. The Police have a wide discretion — there is no automatic entitlement to diversion, and it can be offered or declined on a case-by-case basis.

Diversion is generally not available for drink driving charges, serious violent offending, or cases where there are aggravating features. It is also less likely to be available if you have had diversion before, though this is not an absolute bar in all cases.

How does a lawyer help?

A lawyer can advocate directly with the Police Prosecution Service to request that diversion be offered, including in cases where Police had not initially intended to offer it. Early engagement is important. If you appear at court without getting advice first, you may be asked to enter a plea before diversion has been properly explored. A lawyer can ask for the matter to be remanded without plea to allow time for this to happen.

What are the conditions?

Diversion conditions are set by the Police diversion officer and typically focus on rehabilitation and making things right for the victim. Common conditions include writing a letter of apology, paying reparation, attending counselling, completing community work, or simply signing a diversion agreement. The conditions are agreed to voluntarily — you must sign up to them before diversion begins.

What happens after you complete diversion?

Once you have satisfied the Police that you have completed the conditions, the Police inform the court, and the charge is formally dismissed. You have no conviction and no criminal record for the matter. The Police will not confirm to employers that you have had diversion, even if asked.

Diversion vs discharge without conviction

Diversion is a Police-administered process that happens before a conviction is entered. A discharge without conviction is a court order made after a charge is proved or admitted. Both result in no conviction, but they are different processes. Diversion is quicker and simpler where it is available — but it requires Police agreement. A discharge without conviction is available in a broader range of cases but requires a formal application to the court.