Labour draws battle lines on three strikes legislation
Tuesday, 23 April 2024
Associate Justice Minister Nicole McKee says new three strikes legislation will go to Cabinet by the end of June.
The Labour government repealed the law, which compels judges to impose maximum sentences for an offenders’ third offence, in 2021.
McKee said the new legislation will differ and won’t capture low-level offending.
Labour Party leader Chris Hipkins has labelled the National-led government’s plans to introduce new three strikes legislation as “tough on crime posturing” suggesting its cuts to Customs will make it easier to import drugs and contribute to violent crime.
“It is an announcement about an announcement about doing something about violent offending when at the same time, they're making life easier for organized crime,” he said in Beehive in Wellington.
As many as 79 Customs roles are on the chopping block at ports and airports around the country, according to the Public Service Association.
It also said 41 roles at the Department of Internal Affairs are due to go from teams dealing with digital harm, child exploitation, money laundering, counter terrorism and other regulatory roles.
What is the three strikes legislation
The Labour government in 2021 repealed the three-strikes law which directs judges to sentence a third-time serious offender to the maximum sentence. It was introduced by the National-led government in 2010 as part of its agreement with the Act Party.
Labour had tried to repeal the law in 2018 but was blocked from doing so by its coalition partner New Zealand First.
Kris Faafoi, who was Justice Minister when Labour repealed the law in 2021, said it had resulted in some “absurd” and “perverse” sentences.
One such example was when a mentally-ill man served nearly five years in prison for kissing a woman in the street.
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The breakdown
The Law Society, a professional association which represents barristers and solicitors, was opposed to the previous three strikes regime, and welcomed its repeal.
However, ACT campaigned on restoring the legislation, and on Monday, Associate Justice Minister Nicola McKee announced a plan. She would bring a draft bill and paper to take to Cabinet by the end of June, and to introduce the bill to the House soon after that.
The new regime would cover the same 40 serious violent and sexual offences as the former legislation, as well as the new strangulation and suffocation offence. However it would only apply to sentences above 24 months.
McKee said these changes would be among those to avoid the law capturing those doing minor offending.
But Hipkins said he was sceptical of mandatory minimum sentences because it often led to “unjust and inequitable outcomes”.
The Greens and Te Pāti Māori also voiced their opposition to the planned Bill.
“Intelligent policy and rehabilitation, not punitive measures, are essential for a just society. This is not intelligent, it’s grandstanding for political perception,” Te Pāti Māori Justice Spokesperson, Tākuta Ferris, said.
The Green Party said the three strikes law had failed and will fail again.
“New Zealand needs a justice system that treats all people with humanity, dignity, and respect. Bringing back the failed three strikes law will lead to grossly unfair results that disproportionately impact Māori, including much harsher sentences than would otherwise be imposed,” Green Party Justice spokesperson Tamatha Paul said.
Law Society public relations and external communications manager, Dale Owens, said it would carefully review the bill and make submissions to select committee.
“We acknowledge today's announcement that the new three strikes regime will differ,” he said.