Three strikes law

The Government introduced legislation to Parliament in April 2024 to reinstate the Three Strikes sentencing law that was repealed in 2022, with modifications to make the regime more workable.

The Sentencing (Reinstating Three Strikes) Amendment Bill as introduced would:

  • cover the same 40 serious violent and sexual offences as the former legislation, with the addition of the new strangulation and suffocation offence;
  • introduce a new requirement that the three strikes law will only apply to sentences above 24 months;
  • extend the use of the “manifestly unjust” exception to allow some judicial discretion to avoid very harsh outcomes and address outlier cases;
  • provide a limited benefit for guilty pleas to avoid re-traumatisation of victims, and to improve court delays; and
  • ensure that people who commit murder at second or third strike receive an appropriately lengthy non-parole period.

Following public feedback, the Government announced that it would ask the Justice Committee to recommend modifying the Bill to:

  • lower the qualifying sentence threshold for the first stage of the regime to sentences of above 12 months (while retaining the threshold of above 24 months at later stages); and
  • reactivate warnings from the previous regime where they meet these thresholds.

The Justice Committee is expected to report the Bill back to Parliament by 5 December 2024.

Cabinet papers, briefings, and related material

Briefing, Cabinet paper and Minute and Regulatory Impact Statement: Policy decisions: Reinstating three strikes sentencing law(external link) (11 June 2024)

Briefing, Cabinet paper and Minutes: Sentencing (Reinstating three strikes) Amendment Bill(external link) (6 August 2024)

Cabinet paper and Minutes: Modifying the Sentencing (Reinstating Three Strikes) Amendment Bill(external link) (22 October 2024)

Sentencing (Reinstating Three Strikes) Amendment Bill(external link) (Legislation.govt.nz)

Sentencing (Reinstating Three Strikes) Amendment Bill(external link) (Parliament’s website)

Sentencing (Reinstating Three Strikes) Amendment Bill – First Reading Legislative Statement(external link) (Parliament’s website)

Sentencing (Reinstating Three Strikes) Amendment Bill - Departmental Disclosure Statement(external link) (Legislation.govt.nz)

Sentencing (Reinstatement of Three-strikes Regime) Amendment Bill (v 6.0) - Consistency with NZBORA 1990(external link) (14 June 2024)

Ministerial media releases

Government introduces Three Strikes Bill(external link)

Government to toughen Three Strikes Bill(external link)

Official Information Act responses and proactive release information

OIA 107391 – Three strikes law(external link)

OIA 112335 – Correspondence between MOJ and Corrections on three strikes(external link)

Proactive release of correspondence relating to the Sentencing (Reinstating Three Strikes) Amendment Bill – part 1(external link)

Proactive release of correspondence relating to the Sentencing (Reinstating Three Strikes) Amendment Bill – part 2(external link)

Proactive release of correspondence relating to the Sentencing (Reinstating Three Strikes) Amendment Bill – part 3(external link)

Proactive release of correspondence relating to the Sentencing (Reinstating Three Strikes) Amendment Bill – part 4(external link)

Proactive release of correspondence relating to the Sentencing (Reinstating Three Strikes) Amendment Bill – part 5(external link)

Proactive release of correspondence relating to the Sentencing (Reinstating Three Strikes) Amendment Bill – part 6(external link)

Proactive release of correspondence relating to the Sentencing (Reinstating Three Strikes) Amendment Bill – part 7(external link)

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