History
Background
In May 2010, the Fifth National Government passed the Sentencing and Parole Reform Act 2010, 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. [9]
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 community, supporters such as the Sensible Sentencing Trust and Family First New Zealand claimed that it protected the public from the worst offenders. [10] [11] [12]
Following the formation of the Sixth Labour Government after the 2017 general election, Justice Minister 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. [13] In response, the Sensible Sentencing Trust's founder Garth McVicar 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. [14] 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. [15] [16]
Introduction
In mid–November 2021, Justice Minister Kris Faafoi announced that the Labour-majority government would be introducing legislation to repeal the majority of the Sentencing and Parole Reform Act 2010. 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 and ACT's justice spokeswoman Nicole McKee claimed that repealing the "three strikes law" would "re-victimise" victims and encourage gangs and violent crime offenders. [3] [17]
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 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 supported repeal on the grounds that the Sentencing Parole and Reform Act 2010 impeded the rehabilitation of offenders while Labour MP Ingrid Leary claimed that Māori people were disproportionately affected by the three strikes legislation. By contrast, National MPs Bridges and Simon O'Connor, and ACT MP McKee accused the Government of going "soft on crime" and favouring criminals over victims. [18]
Second reading
On 7 June 2022, the Bill passed its third reading by 77 votes to 42 votes along party lines. [19]
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 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 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 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. [4] [5]
In the United States, habitual offender 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 is convicted of an offense and who has one or two other previous serious convictions to serve a mandatory life sentence in prison, with or without parole depending on the jurisdiction. The purpose of the laws is to drastically increase the punishment of those who continue to commit offenses after being convicted of one or two serious crimes.
In New Zealand politics, waka-jumping is a colloquial term for when a member of Parliament (MP) either switches political party between elections or when a list MP's party membership ceases.
The Oranga Tamariki Act 1989 or Children's and Young People's Well-being Act 1989 is an Act of the New Zealand Parliament that was passed in 1989. The Act's main purpose is to "promote the well-being of children, young persons, and their families and family groups." In June 2017, the New Zealand Parliament passed amendment legislation renaming the bill the Oranga Tamariki Act 1989.
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 rights of victims and tougher penalties against offenders. In late 2018, founder Garth McVicar stepped down as leader of the Trust. In January 2021, former New Zealand First Member of Parliament Darroch Ball became the Trust's leader. In late June 2024, the Sensible Sentencing Trust reactivated to lobby for a tougher three strikes law.
Kristopher John Faafoi 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 number of ministerial portfolios in the Sixth Labour Government from 2017, including Minister of Justice, Minister of Broadcasting and Media, and Minister of Immigration. He retired from politics in June 2022.
Paul Jonathan Goldsmith is a New Zealand historian and politician. The biographer of several leading right-wing political and business figures, he was first elected a list member of the New Zealand House of Representatives for the National Party at the 2011 election.
Kiritapu Lyndsay Allan 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 electorate.
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 would be manifestly unjust. The law was known informally in New Zealand public, media and government circles as the "three-strikes law".
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