The Three Strikes Legislation Repeal Act 2022 was an omnibus
Act of Parliament passed by the
New Zealand Parliament
The New Zealand Parliament () is the unicameral legislature of New Zealand, consisting of the Monarchy of New Zealand, Sovereign and the New Zealand House of Representatives. The King is usually represented by his Governor-General of New Zeal ...
that repealed the elements of the
Sentencing and Parole Reform Act 2010
The Sentencing and Parole Reform Act 2010 was an Act of Parliament in New Zealand that denied parole to repeat violent offenders, and imposed maximum terms of imprisonment on repeat offenders who commit three serious violent offences - unless it ...
, which constituted the so-called
three-strikes law
In the United States, habitual offender laws (commonly referred to as three-strikes laws) have been implemented since at least 1952, and are part of the United States Justice Department's Anti-Violence Strategy. These laws require a person who ...
.
The bill passed its third reading on 9 August 2022 with the support of the governing
Labour Party, the allied
Green Party
A green party is a formally organized political party based on the principles of green politics, such as environmentalism and social justice.
Green party platforms typically embrace Social democracy, social democratic economic policies and fo ...
, the
Māori Party
Māori or Maori can refer to:
Relating to the Māori people
* Māori people of New Zealand, or members of that group
* Māori language, the language of the Māori people of New Zealand
* Māori culture
* Cook Islanders, the Māori people of the Co ...
but was opposed by the opposition
National
National may refer to:
Common uses
* Nation or country
** Nationality – a ''national'' is a person who is subject to a nation, regardless of whether the person has full rights as a citizen
Places in the United States
* National, Maryland, c ...
and
ACT parties.
The following year the
Sixth National Government took power and pledged to reinstate the three strikes law. On 13 December 2024, the Government passed
legislation
Legislation is the process or result of enrolling, enacting, or promulgating laws by a legislature, parliament, or analogous governing body. Before an item of legislation becomes law it may be known as a bill, and may be broadly referred ...
reinstating three-strikes legislation in New Zealand, effectively reversing the 2022 repeal legislation.
Key provisions
The Three Strikes Legislation Repeal Act 2022 removes references to the
Sentencing and Parole Reform Act 2010
The Sentencing and Parole Reform Act 2010 was an Act of Parliament in New Zealand that denied parole to repeat violent offenders, and imposed maximum terms of imprisonment on repeat offenders who commit three serious violent offences - unless it ...
in several laws including the
Sentencing Act 2002, the
Arms Act 1983
In New Zealand, the Arms Act 1983 is the primary statute controlling the possession and use of firearms and air guns.
Basic principles of the Act
The basic premise of the New Zealand arms control regime is the licensing of individuals as bei ...
, the
Criminal Procedure Act 2011, the
Evidence Act 2006
The Evidence Act 2006 is an Act of Parliament, Act of the Parliament of New Zealand that codifies the evidence (law), laws of evidence. When enacted, the Act drew together the common law and statutory provisions relating to evidence into one co ...
, the
Parole Act 2002, the
Victims' Orders Against Violent Offenders Act 2014,
Criminal Procedure (Transfer of Information) Regulations 2013, and the
Legal Services (Quality Assurance) Regulations 2011.
Individuals sentenced for stage-2 or stage-3 offences prior to the passage of the Three Strikes Legislation Repeal Act are not eligible for release or resentencing. Those who have served or are currently serving sentences under the provisions of the Sentencing Parole Reform Act 2010 are also not entitled to compensation.
History
Background
In May 2010, the
Fifth National Government passed the
Sentencing and Parole Reform Act 2010
The Sentencing and Parole Reform Act 2010 was an Act of Parliament in New Zealand that denied parole to repeat violent offenders, and imposed maximum terms of imprisonment on repeat offenders who commit three serious violent offences - unless it ...
, which introduced a
three-strikes law
In the United States, habitual offender laws (commonly referred to as three-strikes laws) have been implemented since at least 1952, and are part of the United States Justice Department's Anti-Violence Strategy. These laws require a person who ...
sentencing regime for repeat offenders. While it was supported by the centre-right
National
National may refer to:
Common uses
* Nation or country
** Nationality – a ''national'' is a person who is subject to a nation, regardless of whether the person has full rights as a citizen
Places in the United States
* National, Maryland, c ...
and libertarian
ACT parties, the Sentencing and Parole Reform Act was opposed by the opposition
Labour and
Green
Green is the color between cyan and yellow on the visible spectrum. It is evoked by light which has a dominant wavelength of roughly 495570 nm. In subtractive color systems, used in painting and color printing, it is created by a com ...
parties as well as National's
confidence and supply
In parliamentary system, parliamentary democracies based on the Westminster system, confidence and supply is an arrangement under which a minority government (one which does not control a majority in the legislature) receives the support of one ...
partner the
Māori Party
Māori or Maori can refer to:
Relating to the Māori people
* Māori people of New Zealand, or members of that group
* Māori language, the language of the Māori people of New Zealand
* Māori culture
* Cook Islanders, the Māori people of the Co ...
.
Since its passage, the Sentencing and Parole Reform Act was controversial in New Zealand society. While critics have criticized the law for its alleged punitive approach to justice and disproportionate impact on the
Māori
Māori or Maori can refer to:
Relating to the Māori people
* Māori people of New Zealand, or members of that group
* Māori language, the language of the Māori people of New Zealand
* Māori culture
* Cook Islanders, the Māori people of the Co ...
community, supporters such as the
Sensible Sentencing Trust
The Sensible Sentencing Trust was a political advocacy group based in Napier, New Zealand. The Trust's stated goal is "to educate both the public and victims of serious violent and/or sexual crime and homicide" It focuses on advocating for the ri ...
and
Family First New Zealand
Family First New Zealand is a conservative Christian lobby group in New Zealand. It was founded in March 2006 by former Radio Rhema talkback radio host and South Auckland social-worker Bob McCoskrie, who continues to be its National Director. ...
claimed that it protected the public from the worst offenders.
Following the formation of the
Sixth Labour Government after the
2017 general election,
Justice Minister
A justice ministry, ministry of justice, or department of justice, is a ministry or other government agency in charge of the administration of justice. The ministry or department is often headed by a minister of justice (minister for justice in a ...
Andrew Little confirmed that his government would begin repealing the Sentencing and Parole Reform Act in early June 2018. He claimed that the law had failed to deter crime or lower the country's crime rate. In response, the Sensible Sentencing Trust's founder
Garth McVicar
Garth Neil McVicar (born 1951) is a New Zealand political lobbyist who founded the Sensible Sentencing Trust (SST) law-and-order advocacy group in 2001. In August 2014, he stood down from SST to focus on a campaign for election to Parliament. M ...
commissioned a poll of 965 adults which claimed that 68 percent of New Zealanders approved of the law and 20 percent did not; including 63 percent of Labour supporters and 48 percent of Green supporters. On 11 June 2018, Andrew Little announced that the Government would be abandoning its efforts to repeal the "three-strikes law" due to opposition from its coalition partner, the populist conservative
New Zealand First
New Zealand First (), commonly abbreviated to NZ First or NZF, is a political party in New Zealand, founded and led by Winston Peters, who has served three times as Deputy Prime Minister of New Zealand, deputy prime minister. The party has form ...
.
Introduction
In mid–November 2021,
Justice Minister
A justice ministry, ministry of justice, or department of justice, is a ministry or other government agency in charge of the administration of justice. The ministry or department is often headed by a minister of justice (minister for justice in a ...
Kris Faafoi
Kristopher John Faafoi (born 23 June 1976) is a former New Zealand television journalist and Labour Party politician. He was the Member of Parliament for the Mana electorate from 2010 until 2020, when he became a list MP. Faafoi held a numbe ...
announced that the Labour-majority government would be introducing legislation to repeal the majority of the
Sentencing and Parole Reform Act 2010
The Sentencing and Parole Reform Act 2010 was an Act of Parliament in New Zealand that denied parole to repeat violent offenders, and imposed maximum terms of imprisonment on repeat offenders who commit three serious violent offences - unless it ...
. Faafoi described the "three-strikes law" as "archaic, unfair, and ineffective" and claimed it had led to "absurd and perverse" outcomes. While the proposed repeal legislation was supported by the Labour and Green parties, the opposition National and ACT parties defended the "three strikes law." National's justice spokesperson
Simon Bridges
Simon Joseph Bridges (born 12 October 1976) is a New Zealand retired politician, broadcaster and lawyer. He served as Leader of the New Zealand National Party, Leader of the National Party and Leader of the Opposition (New Zealand), Leader of t ...
and ACT's justice spokeswoman
Nicole McKee
Nicole Raima McKee (born ) is a New Zealand politician. She has been a Member of Parliament for ACT New Zealand since the 2020 general election. She currently serves as the 12th Minister for Courts and Associate Minister of Justice (Firearms) ...
claimed that repealing the "three strikes law" would "re-victimise" victims and encourage gangs and violent crime offenders.
First reading
On 17 November 2021, the Bill passed its first reading by 77 votes (Labour, Greens, and Māori parties) to 44 votes (National and ACT). The bill's sponsor Faafoi and Labour MP
Ginny Andersen
Virginia Ruby Andersen (born 1975) is a New Zealand politician. She has been a Member of Parliament in the House of Representatives for the Labour Party since the 2017 New Zealand general election.
Andersen held the offices of Minister of P ...
argued that the existing three strikes legislation restricted judicial discretion when it came to sentencing. Labour MP
Emily Henderson and Green Party co-leader
Marama Davidson
Marama Mere-Ana Davidson (née Paratene; born 29 December 1973) is a New Zealand politician who entered the New Zealand Parliament in 2015 as a list MP (member of Parliament) representing the Green Party of Aotearoa New Zealand, of which she be ...
supported repeal on the grounds that the Sentencing Parole and Reform Act 2010 impeded the rehabilitation of offenders while Labour MP
Ingrid Leary
Ingrid Marieke Leary (born ) is a New Zealand politician. In 2020 she was elected as a Member of Parliament in the House of Representatives for the Labour Party.
Early life and career
Leary completed secondary schooling at Macleans College i ...
claimed that
Māori people
Māori () are the Indigenous peoples of Oceania, indigenous Polynesians, Polynesian people of mainland New Zealand. Māori originated with settlers from East Polynesia, who arrived in New Zealand in several waves of Māori migration canoes, c ...
were disproportionately affected by the three strikes legislation. By contrast, National MPs Bridges and
Simon O'Connor
Simon David O'Connor (born 25 February 1976) is a New Zealand politician and a former member of the New Zealand House of Representatives for the New Zealand National Party, National Party. He represented the Tāmaki (New Zealand electorate), T� ...
, and ACT MP McKee accused the Government of going "soft on crime" and favouring criminals over victims.
Second reading
On 7 June 2022, the Bill passed its third reading by 77 votes to 42 votes along party lines.
Third reading
On 9 August 2022, the Labour Government's Three Strikes Legislation Repeal Bill passed its third reading in Parliament, becoming law. The bill was supported by the Labour, Green, and Māori parties but was opposed by National and ACT. Justice Minister
Kiri Allan
Kiritapu Lyndsay Allan (, ; born 1984) is a New Zealand lawyer and former politician. She was a member of Parliament (MP) in the New Zealand House of Representatives from 2017 to 2023, representing the Labour Party in the East Coast electorat ...
welcomed the repeal of the Sentencing and Parole Reform Act 2010, describing it as "anomaly in the New Zealand justice system" and a "knee-jerk reaction" to crime by the previous Fifth National Government. Similarly, Green MP
Elizabeth Kerekere
Elizabeth Anne Kerekere (born ) is a New Zealand politician and LGBTQ activist and scholar. She was elected a member of parliament for the Green Party in 2020, but resigned from the Greens on 5 May 2023, following allegations of bullying within ...
welcomed the repeal of the "three strikes" legislation, arguing that it was "punitive rather than restorative justice and rehabilitation." By contrast, the National and ACT parties' justice spokespersons
Paul Goldsmith
Paul Edward Goldsmith (October 2, 1925 – September 6, 2024) was an American racing driver. During his career he raced A.M.A. Grand National Championship, motorcycles, Stock car racing, stock cars, and American open-wheel car racing, Indianapol ...
and McKee opposed the repeal, stating that the Government was ignoring rising crime rates and vowed to reinstate the Sentencing and Parole Reform Act if re-elected into Government at the
next general election.
Reversal
In late November 2023, the newly-formed
Sixth National Government and its ACT and
New Zealand First
New Zealand First (), commonly abbreviated to NZ First or NZF, is a political party in New Zealand, founded and led by Winston Peters, who has served three times as Deputy Prime Minister of New Zealand, deputy prime minister. The party has form ...
coalition partners vowed to reinstate three-strikes legislation. The
three strikes legislation was introduced into Parliament on 25 June 2024.
On 13 December 2024, the New Zealand Parliament passed
legislation
Legislation is the process or result of enrolling, enacting, or promulgating laws by a legislature, parliament, or analogous governing body. Before an item of legislation becomes law it may be known as a bill, and may be broadly referred ...
reinstating the three-strikes sentencing regime in New Zealand, effectively reversing the Three Strikes Legislation Repeal Act 2022. The law was supported by the National, ACT and New Zealand First parties but was opposed by the opposition Labour, Green parties and
Te Pāti Māori
(), also known as the Māori Party, is a left-wing political party in New Zealand advocating Māori people, Māori rights. With the exception of a handful of New Zealand electorates#Electorates in the 53rd Parliament, general electorates, co ...
.
Notes and references
{{Reflist
Repealed New Zealand legislation
2021 in New Zealand law
2022 in New Zealand law
Human rights in New Zealand
Law enforcement in New Zealand
Three Strikes laws in New Zealand
Sixth Labour Government of New Zealand