A retired Kiwi judge has suggested American officials are becoming cynical of New Zealand's growing use of "discharge without conviction" law.
As a result, New Zealand passport holders are now required to declare whether they have been arrested or charged with an offence, instead of only declaring convictions.
Retired judge Roy Wade said Kiwis applying for a visa, through the online Electronic System for Travel Authorisation (ESTA), were asked if they had been charged with any offence.
However, a US Consulate spokesperson said it asked all non-immigrant applicants worldwide whether they had been arrested or convicted for any offence or crime.