Sentencing (Reinstating Three Strikes) Amendment Act 2024

In May 2010, the Fifth National Government passed the Sentencing and Parole Reform Act 2010 (SPRA), which introduced a three-strikes law sentencing regime for repeat offenders. While it was supported by the centre-right National and libertarian ACT parties, the Sentencing and Parole Reform Act was opposed by the opposition Labour and Green parties as well as National's confidence and supply partner the Māori Party.{{cite news |title=Controversial 'three strikes' bill passes |url=https://www.nzherald.co.nz/nz/controversial-three-strikes-bill-passes/WX3MBPSSRYSTBK3XIBQY4AXFBE/ |date=25 May 2010 |accessdate=24 October 2022 |agency=New Zealand Press Association |work=The New Zealand Herald |archive-url=https://web.archive.org/web/20210201223752/https://www.nzherald.co.nz/nz/controversial-three-strikes-bill-passes/WX3MBPSSRYSTBK3XIBQY4AXFBE/|archive-date=1 February 2021|url-status=live}} The SPRA was controversial in New Zealand following its passage. While critics objected to its punitive approach to justice and disproportionate impact on the Māori community, supporters such as the Sensible Sentencing Trust and Family First New Zealand contended that it protected the public from the worst offenders.{{cite journal |last1=Rumbles |first1=W. |title='Three Strikes' sentencing: Another blow for Māori |journal=Waikato Journal of Law |date=2011 |volume=19 |issue=2 |pages=108–116 |url=https://waikato.researchgateway.ac.nz/handle/10289/6948 |accessdate=24 October 2022}}{{cite web |title=Three Strikes |url=http://sst.org.nz/our-aims/sst-three-strikes-policy/ |publisher=Sensible Sentencing Trust |accessdate=24 October 2022|archive-url=https://web.archive.org/web/20220207000458/https://sst.org.nz/our-aims/sst-three-strikes-policy/|archive-date=7 February 2022|url-status=live}}{{cite web |title=Three Strikes Law |date=25 May 2010 |url=https://familyfirst.org.nz/2010/05/25/three-strikes-law-focuses-on-protecting-families/ |publisher=Family First New Zealand |accessdate=24 October 2022 |archive-url=https://web.archive.org/web/20220205082058/https://familyfirst.org.nz/2010/05/25/three-strikes-law-focuses-on-protecting-families/|archive-date=5 February 2022|url-status=live}}

During the 2017 New Zealand general election, Labour had campaigned on repealing the SPRA if elected into government.{{cite news |title=Beginning of the end for three strikes law |url=https://www.stuff.co.nz/national/politics/104345765/beginning-of-the-end-for-three-strikes-law |accessdate=24 October 2022 |publisher=Stuff |date=30 May 2018 |archive-url=https://web.archive.org/web/20220823034527/https://www.stuff.co.nz/national/politics/104345765/beginning-of-the-end-for-three-strikes-law|archive-date=23 August 2022|url-status=live}} However the Sixth Labour Government had been forced to abandon its plans to repeal the law in 2018 due to the objection of its coalition partner New Zealand First.{{cite news |title=Three strikes law to stay as Labour say NZ First unlikely to support repealing it – 'This is about making good decisions, not fast decisions' |url=https://www.1news.co.nz/2018/06/10/three-strikes-law-to-stay-as-labour-say-nz-first-unlikely-to-support-repealing-it-this-is-about-making-good-decisions-not-fast-decisions/ |accessdate=24 October 2022 |work=1News |publisher=TVNZ |date=11 June 2018 |archive-url=https://web.archive.org/web/20221024003840/https://www.1news.co.nz/2018/06/10/three-strikes-law-to-stay-as-labour-say-nz-first-unlikely-to-support-repealing-it-this-is-about-making-good-decisions-not-fast-decisions/|archive-date=24 October 2022|url-status=live}} Following the 2020 New Zealand general election, Labour won a landslide victory, allowing it to govern alone for the first time since the mixed-member proportional representation (MMP) system was introduced in 1996.{{cite news|date=17 October 2020|title=New Zealand election: Jacinda Ardern's Labour Party scores landslide win|language=en-GB|publisher=BBC News |url=https://www.bbc.com/news/world-asia-54519628|access-date=17 October 2020|archive-date=16 October 2020|archive-url=https://web.archive.org/web/20201016230837/https://www.bbc.com/news/world-asia-54519628|url-status=live}} On 9 August 2022, Labour passed legislation repealing the Sentencing and Parole Reform Act with the support of the allied Green Party and Te Pāti Māori. In response, the opposition National and ACT parties vowed to reinstate three-strikes legislation if they won the 2023 New Zealand general election.{{cite news |last1=Neilson |first1=Michael |title=Three strikes law gone: Labour fulfils 2017 campaign promise, Nats and Act rail against move |url=https://www.nzherald.co.nz/nz/three-strikes-law-gone-labour-fulfils-2017-campaign-promise-nats-and-act-rail-against-move/YOI73MBFQOCURPHDLJXJNH4E3U/ |access-date=4 October 2022 |work=The New Zealand Herald |date=9 August 2022 |archive-url=https://web.archive.org/web/20220809140551/https://www.nzherald.co.nz/nz/three-strikes-law-gone-labour-fulfils-2017-campaign-promise-nats-and-act-rail-against-move/YOI73MBFQOCURPHDLJXJNH4E3U/ |archive-date=9 August 2022|url-status=live}}

The Reinstating Three Strikes Amendment Bill's regime will cover the same 40 serious violent and sexual offences as the former Sentencing and Parole Reform Act 2010, with the addition of the new strangulation and suffocation offences.{{cite news |last1=Walters |first1=Laura |title=The new and (slightly) improved three strikes regime |url=https://newsroom.co.nz/2024/06/26/the-new-and-slightly-improved-three-strikes-regime/ |access-date=13 September 2024 |work=Newsroom |date=26 June 2024 |archive-url=https://web.archive.org/web/20240720162446/https://newsroom.co.nz/2024/06/26/the-new-and-slightly-improved-three-strikes-regime/ |archive-date=20 July 2024}} The three-strikes law applies to criminal sentences of 12 months and above. While an initial version of the legislation had set a minimum qualifying sentencing threshold of 24 months, this was lowered to 12 months at the select committee stage. However, the 24 months mininum sentencing threshold was retained for the second and third offenses.

As with the previous three-strikes legislation, first-strike offenders would receive a warning. For a second strike, they will be denied parole. For a third strike, offender will serve the maximum penalty without parole. The law imposes a non-parole period of 17 years for the second offence and 20 years for the third offence.

The Three Strikes Amendment Bill provides some judicial discretion to avoid manifestly unjust outcomes and address outlier cases. It also outlines principles and guidance to assist the courts' application of the new law. The Bill also provides a limited benefit for guilty pleas to avoid re-traumatising victims and to reduce court delays.

The Bill amends several laws including the Sentencing Act 2002, the Criminal Procedure Act 2011, the Criminal Procedure (Mentally Impaired Persons) Act 2003, the Evidence Act 2006, and the Parole Act 2002.{{cite act |author=Nicole McKee |title=Sentencing (Reinstating Three Strikes) Amendment Bill |type=Government Bill |number=65-1 |date=17 December 2024 |institution=New Zealand Parliament |url=https://www.legislation.govt.nz/act/public/2024/0054/latest/LMS970121.html |access-date=18 December 2024 }}

As part of the National Party's coalition agreement with ACT that was released on 24 November 2023, the Sixth National Government agreed to commit to restoring three-strikes legislation as part of several "tough on crime" policies.

On 11 April 2024, the Ministry of Justice released its regulatory impact statement into the Reinstating Three Strikes Bill. The Ministry's report found that the 2010 three strikes regime had resulted in disproportionate sentencing, did not reduce serious crime and that mandatory sentencing had created inflexibility for judges in imposing sentences. In response, the Ministry proposed increased judicial discretion for sentencing serious offenses, clearer guidance on the three-strikes regime for judges, introduce a threshold sentence of two years imprisonment, providing some benefits for guilty pleas, setting minimum penalties for second and third strike offenses and excluding offenses with a seven-year penalty from the three-strikes regime. The Ministry expressed concerned that reinstating the three-strikes regime would have a disproportionate impact on Māori and Pasifika New Zealanders, and that the legislation could create inconsistencies with the Treaty of Waitangi and New Zealand Bill of Rights Act 1990. {{cite web |title=Regulatory Impact Statement: Reinstating three strikes sentencing law |url=https://www.treasury.govt.nz/sites/default/files/2024-06/ris-justice-rtssl-mar24.pdf |publisher=New Zealand Treasury |access-date=16 September 2024 |archive-url=https://web.archive.org/web/20240731100644/https://www.treasury.govt.nz/sites/default/files/2024-06/ris-justice-rtssl-mar24.pdf |archive-date=31 July 2024 |date=11 April 2024 |url-status=live}}{{cite web |last1=Rive |first1=Caspian |title=New Zealand government re-introduces three-strikes sentencing law amidst human rights controversies |url=https://www.jurist.org/news/2024/06/new-zealand-government-re-introduces-the-three-strikes-sentencing-law-amidst-human-rights-controversies/ |website=JURISTnews |publisher=JURIST Legal News & Research Services, Inc. |access-date=16 September 2024 |archive-url=https://web.archive.org/web/20240911230119/https://www.jurist.org/news/2024/06/new-zealand-government-re-introduces-the-three-strikes-sentencing-law-amidst-human-rights-controversies/ |archive-date=11 September 2024 |date=27 June 2024 |url-status=live}} Associate Justice Minister Nicole McKee subsequently amended the draft legislation to exclude low-level offending and reduce the risk of disproportionate sentencing.{{cite news |last1=Walters |first1=Laura |title=The new and (slightly) improved three strikes regime |url=https://newsroom.co.nz/2024/06/26/the-new-and-slightly-improved-three-strikes-regime/ |access-date=16 September 2024 |work=Newsroom |date=25 June 2024 |archive-url=https://web.archive.org/web/20240720162446/https://newsroom.co.nz/2024/06/26/the-new-and-slightly-improved-three-strikes-regime/ |archive-date=20 July 2024|url-status=live}}

On 22 April 2024, Prime Minister Christopher Luxon and McKee confirmed that the Government would proceed with plans to reintroduce three strikes legislation. Details of the new three strikes regime were released including the inclusion of strangulation and suffocation as three-strike offenses and a new requirement that three-strikes legislation would only apply to sentences above 24 years.{{cite news |title=Watch: Three strikes policy to return with changes, PM announces |url=https://www.rnz.co.nz/news/political/514909/watch-three-strikes-policy-to-return-with-changes-pm-announces |access-date=22 April 2024 |work=RNZ |date=22 April 2024 |archive-url=https://web.archive.org/web/20240422030813/https://www.rnz.co.nz/news/political/514909/watch-three-strikes-policy-to-return-with-changes-pm-announces |archive-date=22 April 2024}}

On 25 June 2024, McKee introduced the legislation into Parliament. During its introduction, Justice Minister Paul Goldsmith said that the Reinstating Three Strikes legislation addressed the problems associated with the previous Sentencing and Parole Reform Act 2010. Goldsmith argued that the legislation was needed to send a strong message to serious offenders and to bring justice for victims including Māori, who made up the majority of the victims of crime. By contrast, Labour leader Chris Hipkins said that maximum sentences led to unfair sentencing outcomes and did little to combat crime.{{cite news |title=Revised Three Strikes Bill proceeds to Parliament |url=https://www.rnz.co.nz/news/political/520514/revised-three-strikes-bill-proceeds-to-parliament |access-date=16 September 2024 |work=RNZ |date=25 June 2024 |archive-url=https://web.archive.org/web/20240718002138/https://www.rnz.co.nz/news/political/520514/revised-three-strikes-bill-proceeds-to-parliament |archive-date=18 July 2024}}

The Bill passed its first reading on 25 June 2024 by a margin of 68 to 55 votes. While the National, ACT and New Zealand First parties supported the Bill, it was opposed by the opposition Labour, Green parties and Te Pāti Māori.{{cite web |title=Sentencing (Reinstating Three Strikes) Amendment Bill — First Reading (continued) |url=https://www.parliament.nz/en/pb/hansard-debates/rhr/combined/HansDeb_20240625_20240626_36 |publisher=New Zealand Parliament |access-date=13 September 2024 |archive-url=https://web.archive.org/web/20240913025404/https://www.parliament.nz/en/pb/hansard-debates/rhr/combined/HansDeb_20240625_20240626_36 |archive-date=13 September 2024 |date=25 June 2024 |url-status=live}} The bill's sponsor McKee said that it would warn offenders about the consequences of serious repeat offending while emphasising that the law would give judges flexibility when imposing sentences.{{cite web |title=Sentencing (Reinstating Three Strikes) Amendment Bill — First Reading |url=https://www.parliament.nz/en/pb/hansard-debates/rhr/combined/HansDeb_20240625_20240626_24 |publisher=New Zealand Parliament |access-date=13 September 2024 |archive-url=https://web.archive.org/web/20240628025409/https://www.parliament.nz/en/pb/hansard-debates/rhr/combined/HansDeb_20240625_20240626_24 |archive-date=28 June 2024 |date=25 June 2024}}

Opposition MPs Duncan Webb, Tamatha Paul, Hana-Rawhiti Maipi-Clarke, Ginny Andersen and Tracey McLellan criticised the Reinstating Three Strikes Bill, arguing that previous legislation had failed to reduce reoffending, worsened mass incarceration and disproportionately affected Māori. Government MPs Tim Costley, Casey Costello, James Meager, Cameron Brewer and Paulo Garcia argued that the Bill would restore law and order, deter and punish serious repeat offenders, and make communities safer.

The Reinstating Three Strikes Amendment Bill was subsequently referred to the Justice select committee. The Bill was open to public submissions between 27 June and 23 July 2024.{{cite web |title=Sentencing (Reinstating Three Strikes) Amendment Bill |url=https://www.parliament.nz/en/pb/sc/make-a-submission/document/54SCJUST_SCF_27CDA9E1-BE52-4C48-D116-08DC94AA3F24/sentencing-reinstating-three-strikes-amendment-bill |publisher=New Zealand Parliament |access-date=13 September 2024 |archive-url=https://web.archive.org/web/20240909001957/https://www.parliament.nz/en/pb/sc/make-a-submission/document/54SCJUST_SCF_27CDA9E1-BE52-4C48-D116-08DC94AA3F24/sentencing-reinstating-three-strikes-amendment-bill |archive-date=9 September 2024 |date=27 June 2024 |url-status=live}} The committee received 749 submissions from interested groups and individuals, and heard oral evidence from 41 submitters via video conference and in person at Wellington. The Children's Commissioner, New Zealand Bar Association, New Zealand Law Society, Pacific Lawyers Association, Human Rights Commission, Māori Law Society and the Law Association opposed the bill on various grounds including that it would disproportionately affect Māori and Pasifika New Zealanders, ignored the circumstance of individual offenders, failed to reduce the causes of crime, and conflicted with the Treaty of Waitangi, Bill of Rights and the recommendations of the United Nations Committee Against Torture.{{cite web |title=Final report (Sentencing (Reinstating Three Strikes) Amendment Bill |url=https://selectcommittees.parliament.nz/view/SelectCommitteeReport/13c0ffdd-10a3-4e3e-d63c-08dd1341b7d2 |publisher=New Zealand Parliament |access-date=18 December 2024 |archive-url=https://web.archive.org/web/20241218000232/https://selectcommittees.parliament.nz/view/SelectCommitteeReport/13c0ffdd-10a3-4e3e-d63c-08dd1341b7d2 |archive-date=18 December 2024 |date=3 December 2024 |url-status=live}}

On 22 October 2024, Nicole Mckee confirmed that the Government had agreed, following public consultation, to lower the threshold for first strike offenses from 24 months to 12 months and to activate three strikes warnings issued under the previous Sentencing and Parole Reform Act 2010 legislation where offenders met the new thresholds under the new legislation.{{cite news |last1=Hanly |first1=Lillian |title=Three Strikes Bill: Government wants tougher version of the law |url=https://www.rnz.co.nz/news/national/531471/three-strikes-bill-government-wants-tougher-version-of-the-law |access-date=18 December 2024 |work=RNZ |date=22 October 2024 |archive-url=https://web.archive.org/web/20241126175206/https://www.rnz.co.nz/news/national/531471/three-strikes-bill-government-wants-tougher-version-of-the-law |archive-date=26 November 2024}}

The justice select committee released its report on 3 December 2024. They proposed several amendments including lowering the "qualifying sentence threshold" for stage one offenders to 12 months; clarifying that offenders serving home detention instead of imprisonment would cease to have a record of a first warning; issuing warnings for offenders serving sentences longer than 12 months but shorter than 24 months; clarifying which courts could give three-strike offenders warnings; removing the requirement for courts to give written reasons for issuing minimum penalties; clarifying the criteria for courts to impose "the manifestly unjust exception" on offenders; cancelling warnings in the event that offenders were granted free or conditional pardons; and ensuring that strikes issued under the previous three-strikes regime would "carry on" under the new three strikes regime. The latter amendment was made in response to feedback from submitters arguing that warnings issued under the previous regime should remain valid under the new regime.

The committee also agreed to amend the Criminal Procedure (Mentally Impaired Persons) Act 2003 to allow three strikes offenders to be committed to a hospital or other secure facility. The Labour Party issued a dissenting report opposing the Reinstating Three Strikes Amendment Bill on the grounds that it did not reduce crime and victimisation. Similarly, the Green Party stated that it did not support the legislation.

The Reinstating Three Strikes Amendment Bill passed its second reading on the night of 12 December 2024 by a margin of 68 to 454 along party lines. It was then submitted to a committee of the Whole House. Several government MPs including Nicole McKee, James Meager, Cameron Brewer, Rima Nakhle, Paulo Garcia, and David MacLeod gave speeches in favour of the bill. Costello and Meager argued that the legislation would priority victims of crime and public safety over criminals.{{cite web |title=Sentencing (Reinstating Three Strikes) Amendment Bill — Second Reading |url=https://www.parliament.nz/en/pb/hansard-debates/rhr/combined/HansDeb_20241210_20241212_64 |publisher=New Zealand Parliament |access-date=18 December 2024 |date=10 December 2024 |archive-url=https://web.archive.org/web/20241218003343/https://www.parliament.nz/en/pb/hansard-debates/rhr/combined/HansDeb_20241210_20241212_64|archive-date=18 December 2024|url-status=live}}

Several opposition MPs including Duncan Webb, Lawrence Xu-Nan, Hana-Rawhiti Maipi-Clarke, Hūhana Lyndon, Ginny Andersen, Tangi Utikere and Tracey McLellan gave speeches opposing the bill. Xu-Nan argued that punitive measures would increase reoffending while Maipi-Clark argued that the legislation and other "tough on crime" policies would disproportionately affect Māori. Andersen argued that other policies such as drug and alcohol treatment courts and Te Pae Oranga (iwi community panels) were more effective at combating crime and recidivism than three strikes legislation.

On 13 December 2024, the Bill passed its third and final reading by a margin of 68 to 43 along party lines. Government MPs James Meager, Casey Costello, Cameron Brewer, Rima Nakhle, Paulo Garcia and David MacLeod spoke in favour in the bill while opposition MPs Duncan Webb, Lawrence Xu-Nan, Tākuta Ferris, Ricardo Menéndez March, Ginny Andersen, Arena Williams, Tracey McLellan spoke against the bill. McKee argued that the three strikes legislation would send a "strong message" to serious criminals while Meager argued that the legislation was focused on "deterrence and detention." Costello argued that the three strikes law was about justice to victims of "heinous crimes" including rape victims. Webb accused the Government of "pandering to a small section of the community which it seeks to nourish its hateful approaches to law and order" while Ferris said that the bill would reinforce what he regarded as a "racist" justice system.{{cite web |title=Sentencing (Reinstating Three Strikes) Amendment Bill — Third Reading |url=https://www.parliament.nz/en/pb/hansard-debates/rhr/combined/HansDeb_20241210_20241213_16 |publisher=New Zealand Parliament |access-date=18 December 2024 |date=10 December 2024|archive-url=https://web.archive.org/web/20241218003904/https://www.parliament.nz/en/pb/hansard-debates/rhr/combined/HansDeb_20241210_20241213_16 |archive-date=18 December 2024 |url-status=live}}

The Bill received royal assent on 17 December 2024.

The Reinstating Three Strikes Amendment Act 2024 came into force on 17 June 2025.

On 22 April 2024 Green Party's justice spokesperson Tamatha Paul opposed the Reinstating Three Strikes Bill, stating that it would disproportionately target Māori and contribute to New Zealand's high incarceration rate.{{cite web |last1=Paul |first1=Tamatha |title=Three strikes has failed before and will fail again |url=https://www.greens.org.nz/three_strikes_has_failed_before_and_will_fail_again |access-date=16 September 2024 |archive-url=https://web.archive.org/web/20240911231630/https://www.greens.org.nz/three_strikes_has_failed_before_and_will_fail_again |archive-date=11 September 2024 |date=22 April 2024 |url-status=live}} Similarly, Labour justice spokesperson Duncan Webb said that three strikes sentencing regimes and other minimum sentencing laws did little to reduce serious crime and reoffending.{{cite web |title=Release: Three strikes law political posturing of worst kind |url=https://www.labour.org.nz/news-three_strikes_law_political_posturing_of_worst_kind |publisher=New Zealand Labour Party |access-date=16 September 2024 |archive-url=https://web.archive.org/web/20240911230123/https://www.labour.org.nz/news-three_strikes_law_political_posturing_of_worst_kind |archive-date=11 September 2024 |date=22 April 2024 |url-status=live}}

The conservative justice advocacy group Sensible Sentencing Trust (SST) trustee Louise Parsons criticised the Reinstating Three Strikes Bill, describing the proposed law as "weak and watered-down." The Trust opposed the Government's decision to wipe 13,000 former strike warnings and said that the new legislation only affected 30% of offenders covered under the 2010 three-strikes sentencing regime. Parsons also said that the Trust would be reactivating to oppose the legislation and called on the Government to deliver a stronger version of the three-strikes law.{{cite web |title=Sensible Sentencing Trust Re-activate To Oppose Weaker Three Strikes Proposal |url=https://www.scoop.co.nz/stories/PO2406/S00167/sensible-sentencing-trust-re-activate-to-oppose-weaker-three-strikes-proposal.htm |publisher=Scoop |access-date=16 September 2024 |archive-url=https://web.archive.org/web/20240626011113/https://www.scoop.co.nz/stories/PO2406/S00167/sensible-sentencing-trust-re-activate-to-oppose-weaker-three-strikes-proposal.htm |archive-date=26 June 2024 |date=25 June 2024 |url-status=live}}{{cite web |title=Stop the Three Strikes Sellout |url=https://www.stop3strikessellout.nz/ |website=www.stop3strikessellout.nz |publisher=Sensible Sentencing Trust |access-date=16 September 2024 |archive-url=https://web.archive.org/web/20240911230120/https://www.stop3strikessellout.nz/ |archive-date=11 September 2024 |url-status=live}}

In mid October 2024, Radio New Zealand reported that 450 of the 763 select committee submissions of the three-strikes legislation were based on a template issued by the SST. When interviewed, Trust spokesperson Parsons said that the template was used to make it easier for citizens to engage with the legislative process.{{cite news |last1=Ricketts |first1=Emma |title=Feedback said three strikes law didn't go far enough, bulk of it was via Sensible Sentencing Trust |url=https://www.rnz.co.nz/news/political/531640/feedback-said-three-strikes-law-didn-t-go-far-enough-bulk-of-it-was-via-sensible-sentencing-trust |access-date=18 December 2024 |work=RNZ |date=23 October 2024 |archive-url=https://web.archive.org/web/20241216232109/https://www.rnz.co.nz/news/political/531640/feedback-said-three-strikes-law-didn-t-go-far-enough-bulk-of-it-was-via-sensible-sentencing-trust |archive-date=16 December 2024}}

{{Reflist}}

• {{cite web |title=Sentencing (Reinstating Three Strikes) Amendment Bill|url=https://bills.parliament.nz/v/6/27cda9e1-be52-4c48-d116-08dc94aa3f24?Tab=history |publisher=New Zealand Parliament |access-date=13 September 2024}}
• {{cite act |author=Nicole McKee |title=Sentencing (Reinstating Three Strikes) Amendment Bill |type=Government Bill |number=65-1 |date=2024 |institution=New Zealand Parliament |url=https://www.legislation.govt.nz/act/public/2024/0054/latest/LMS970121.html |access-date=18 December 2024 }}

Category:Statutes of New Zealand

Category:2024 in New Zealand law

Category:Human rights in New Zealand

Category:Law enforcement in New Zealand

Category:Three Strikes laws in New Zealand

Category:Sixth National Government of New Zealand