The Government will introduce revised Three Strikes legislation in a move it says makes it clear that serious violent or sexual offending is not acceptable in New Zealand society.
Associate Justice Minister Nicole McKee made the announcement today, alongside Prime Minister Christopher Luxon. The bill has not yet been drafted – it’s expected the draft bill will go before Cabinet in June, and be introduced to the House shortly after.
A similar “Three Strikes” law was brought in under the previous National Government, but was scrapped under the last Labour Government.
It aimed to deter offenders with the threat of progressively punishing repeat offenders. Someone convicted of a third qualifying offence automatically received the maximum penalty without parole, barring some exceptions – that which a court determined would be “manifestly unjust”.
ACT MP McKee said New Zealanders were “rightly concerned” about violent crime in the country, and that everyone had a right to feel safe in their homes, businesses and communities.
“This Government will ensure that sentencing for repeat offending properly recognises the harm caused to victims and communities. That is why we are bringing back a revised Three Strikes law.
“We are making changes to create a more workable regime and also to address issues that arose under the previous law, such as capturing minor offending.
“Our Government is committed to restoring law and order and enforcing appropriate consequences on criminals. We are making it clear that repeat serious violent or sexual offending is not acceptable in our society.”
The new Three Strikes law would cover the same 40 serious violent and sexual offences as the previous legislation, but also add a new strangulation and suffocation offence. It would also include a requirement that it only apply to sentences above 24 months.
It would also extend the use of the “manifestly unjust” exception, aimed at allowing some judicial discretion to avoid very harsh outcomes and address outlier cases.
There would be a provision for a limited benefit for guilty pleas, aimed at avoiding re-traumatisation of victims, and improving court delays.
The new legislation would also seek to ensure people who committed murder at second or third strike received an “appropriately lengthy non-parole period”.
“We are sending a strong message that repeat offending will not be tolerated,” Nicole McKee said.
“This is a priority for the Government and continues the progress we have already made on restoring law and order, through changes to repeal the funding for section 27 reports and measures to crack down on gangs.”
Luxon said the move was part of his Government’s wider efforts on law and order. He said violent crime deeply affected communities.
McKee said the bill will come into effect six months after it’s passed to allow time for it to be properly implemented.
In August 2022, upon the repeal of the original law, Auckland associate professor of law Carrie Leonetti said the law resulted in overly harsh sentences and disproportionately impacted Māori and Pacific peoples, as well as people with physical or psychiatric disabilities.