Three Strikes Legislation Repeal Act 2022
| Three Strikes Legislation Repeal Act 2022 | |
|---|---|
 | |
| New Zealand Parliament | |
| Royal assent | 15 August 2022[1] |
| Legislative history | |
| Introduced by | Kris Faafoi[2] |
| First reading | 17 November 2021[1] |
| Second reading | 7 June 2022[1] |
| Third reading | 9 August 2022[1] |
| Related legislation | |
| Sentencing and Parole Reform Act 2010 | |
| Status: Current legislation | |
The Three Strikes Legislation Repeal Act 2022 is an omnibus Act of Parliament passed by the New Zealand Parliament that repeals the elements of the Sentencing and Parole Reform Act 2010, which constitute the so-called three-strikes law.[1] The bill passed its third reading on 9 August 2022 with the support of the governing Labour Party, the allied Green Party, the Māori Party but was opposed by the opposition National and ACT parties.[3][4] The following year the Sixth National Government took power and has pledged to reinstate the three strikes law.[5]
Key provisions
[edit]The Three Strikes Legislation Repeal Act 2022 removes references to the Sentencing and Parole Reform Act 2010 in several laws including the Sentencing Act 2002, the Arms Act 1983, the Criminal Procedure Act 2011, the Evidence Act 2006, 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.[6]
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.[6]
History
[edit]Background
[edit]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.[7]
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.[8][9][10]
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.[11] 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.[12] 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.[13][14]
Introduction
[edit]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.[2][15]
First reading
[edit]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.[16]
Second reading
[edit]On 7 June 2022, the Bill passed its third reading by 77 votes to 42 votes along party lines.[17]
Third reading
[edit]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.[3][4]
Notes and references
[edit]- ^ a b c d e "Three Strikes Legislation Repeal Bill". New Zealand Parliament. 15 August 2022. Archived from the original on 28 September 2022. Retrieved 24 October 2022.
- ^ a b Weekes, John (11 November 2021). "Three strikes law to be repealed, opposition parties furious". The New Zealand Herald. Archived from the original on 13 November 2021. Retrieved 15 November 2021.
- ^ a b Huang, Christina (9 August 2022). "Parliament votes to scrap three strikes law". 1 News. TVNZ. Archived from the original on 10 August 2022. Retrieved 4 October 2022.
- ^ a b Neilson, Michael (9 August 2022). "Three strikes law gone: Labour fulfils 2017 campaign promise, Nats and Act rail against move". The New Zealand Herald. Archived from the original on 9 August 2022. Retrieved 4 October 2022.
- ^ Ensor, Jamie (24 November 2023). "Election 2023 coalition agreement: Christopher Luxon, David Seymour, Winston Peters reveal Government policy, ministers". Newshub. Archived from the original on 20 May 2024. Retrieved 11 September 2024.
- ^ a b Three Strikes Legislation Repeal Act 2022 (Act of Parliament). New Zealand Parliament. 15 August 2022.
- ^ "Controversial 'three strikes' bill passes". The New Zealand Herald. New Zealand Press Association. 25 May 2010. Archived from the original on 1 February 2021. Retrieved 24 October 2022.
- ^ Rumbles, W. (2011). "'Three Strikes' sentencing: Another blow for Māori". Waikato Journal of Law. 19 (2): 108–116. Retrieved 24 October 2022.
- ^ "Three Strikes". Sensible Sentencing Trust. Archived from the original on 7 February 2022. Retrieved 24 October 2022.
- ^ "Three Strikes Law". Family First New Zealand. 25 May 2010. Archived from the original on 5 February 2022. Retrieved 24 October 2022.
- ^ "Beginning of the end for three strikes law". Stuff. 30 May 2018. Archived from the original on 23 August 2022. Retrieved 24 October 2022.
- ^ Akoorie, Natalie (2 June 2018). "Three strikes law supported by 68 per cent of Kiwis, survey finds". The New Zealand Herald. Archived from the original on 7 February 2022. Retrieved 22 June 2018.
- ^ "NZ First forces Labour to ditch three strikes law repeal". Newstalk ZB. 11 June 2018. Archived from the original on 28 March 2019. Retrieved 24 October 2022.
- ^ "Three strikes law to stay as Labour say NZ First unlikely to support repealing it – 'This is about making good decisions, not fast decisions'". 1 News. TVNZ. 11 June 2018. Archived from the original on 24 October 2022. Retrieved 24 October 2022.
- ^ "Three strikes law - you're out: Justice Minister to repeal". Radio New Zealand. 11 November 2021. Archived from the original on 13 November 2021. Retrieved 15 November 2021.
- ^ "Three Strikes Legislation Repeal Bill – First Reading Summary". New Zealand Parliament. Archived from the original on 8 March 2022. Retrieved 24 October 2022.
- ^ "Three Strikes Legislation Repeal Bill — Second Reading (resumed)". New Zealand Parliament. 7 June 2022. Archived from the original on 24 October 2022. Retrieved 24 October 2022.