People who assault on-duty police officers, firefighters, paramedics, or prison officers would face longer prison sentences under new criminal offences announced by the Government today.
Under the proposed legislation, an existing provision for assaulting police would be expanded to cover paramedics, firefighters and prison officers with a maximum sentence of up to three years’ imprisonment.
Those who assault with intent to injure will face up to five years, while those who injure with intent could receive up to seven years — an offence that will also trigger the Three Strikes regime, requiring mandatory minimum sentences.
Justice Minister Paul Goldsmith said first responders ran towards danger to help those who needed urgent assistance.
“Assaulting them puts multiple lives at risk, so there must be greater consequences for these heinous acts of violence. We want to send a very clear message that assaults against our first responders will not be tolerated.”
He said it was part of the Government’s plan to “restore real consequences for crime”.
“It’s all part of our plan to restore law and order, which we know is working.”
The new offences expand on existing laws which currently applied to assaults on police staff and were a commitment in the National – New Zealand First coalition agreement.
New Zealand First leader Winston Peters told 1News that the bill had long been a priority for his party.
“It’s simply wrong that people carrying out their lawful duties—ambulance officers, firefighters, police, and, dare I say, prison officers—are being assaulted without consequences,” he said.
An earlier version of the legislation from NZ First MP Darroch Ball was voted down ahead of its third reading in 2020. It would have introduced a minimum six-month mandatory sentence for assaults on police, corrections officers, paramedics, nurse and fire services.
Peters said he was “really saddened” by the bill’s earlier failure but was now “seriously confident” it will pass into law.
“We negotiated this, and we expect people to keep their word,” he added.
Labour justice spokesperson Duncan Webb said first responders did a tough job and needed to be protected both by the law and by being properly paid and supported.
“However, the Government has failed to recruit the 500 frontline police they promised they would and at the same time, meth usage has doubled. This puts those at the frontline under great pressure.
“We also need to be looking at the causes of crime before offending occurs, such as homelessness, unemployment, mental health and addiction, and poverty.”
List of workers covered ‘limited’ – law professor
AUT law professor Kris Gledhill said the Sentencing Act 2002 already treated assaults on emergency workers and prison officers as an aggravating factor during sentencing.
“Some might suggest that this makes it unnecessary to have a separate offence because the status of the worker is already reflected in sentencing practice.”
Gledhill also said the list was “limited” and that having separate offences created “anomalies”.
He pointed out that UK legislation includes public health workers like nurses and doctors, whereas New Zealand’s proposal did not.
“Nurses, doctors and other workers in New Zealand’s hospitals or other health settings might ask why they are not covered,” he said.
“There are also lots of other workers in public services who may consider that they are at risk of assault when they are just carrying out their jobs – traffic wardens, dog control officers, for example.”
Asked about protections for workers in the New Zealand health system, Goldsmith said it was a fair question and that it could be considered as the bill progresses through Parliament.
“What we’ve chosen at the start here is ambulance workers, firefighters and police and corrections officers, but you know, that’s a debate we could have during the select committee.”
Frontline leaders back tougher penalties
St John deputy chief executive of ambulance operations Dan Ohs said there were daily reports of workers being hit, kicked, spat on, abused, and threatened.
“That’s a 10% year-on-year increase and that’s of significant concern to us.”
He said anything which discourages people from assaulting ambulance personnel was a “fantastic initiative”.
“The only caution I would make is in our situation, people have specific medical problems which may make them behave in a certain way.”
Corrections Association president Floyd du Plessis said staff assaults were “extremely high” across the country.
“Police look at it as not being within the public interest to prosecute because of the fact that they’re already in prison. We need to see consequence for these things, and staff need to feel like them being injured matters to somebody.”
He said the legislation was “absolutely needed”.
“We need more consequence, because without consequence, why would you stop?”
The Police Association told 1News it welcomed the intent of the legislation and looked forward to considering the details of the bill when they were released.
The Government was hopeful it would pass the legislation by the middle of this year.
