Justice Centre | 19 Aitken Street
DX SX10088 | Wel ington
T 04 918 8800 |
F 04 918 8820
[email address] | www.justice.govt.nz
28 February 2025
Chris
[FYI request #29807 email]
Our ref: DSC 119590
Tēnā koe Chris
Approaches to sentencing
Thank you for your email of 19 January 2025 regarding sentencing. Your request was due
for response on 11 February 2025. Unfortunately, the Ministry of Justice (the Ministry) server
identified your request as spam and your bone fide request was not identified until
20 February 2025. We are working with ICT Security to identify the cause of this issue and a
temporary fix has been put in place.
In your email, you asked:
1. Wil the judges be accountable for being to soft.
2. Why does judges hand down soft sentences for repeat offenders.
3. Why are the youths are on a catch and release program and once they catch them
they get let go back into the community.
4. Why does the victims from any crime get heard and the judges does not take on the
side of the victims.
5. Why does judges give big discounts up to 50% off there sentencing.
I am responding on behalf of the Ministry. You asked for the above information under the
Official Information Act 1982 (the Act). I am declining your request under section 18(g) as
the Ministry does not hold the information that you have requested. Further, the Ministry
cannot comment on specific cases, as the sentencing decisions of the courts must be made
independently and without interference from the rest of the Government. This is to ensure
the integrity of the justice system. I can, however, provide the following general information.
Appeals of sentencing decisions
The prosecutor has the right to lodge an appeal against the sentence given in a particular
case. This means they ask a higher court to look at the case, or some part of it, again. An
appeal might be requested if the prosecutor does not believe the sentence fits the
seriousness of the crime. If the appeal is accepted, the offender may be given a dif erent
sentence.
Judicial conduct
Complaints about the conduct of a judge are handled by the Judicial Conduct Commissioner
(JCC). The process is intended to help maintain public confidence in the judicial system, and
to protect its impartiality, integrity and independence. Complaints to the JCC must be about
the conduct of a Judge, whether inside or outside court. The process cannot be used to
challenge the legality or correctness of a judge's decision. More information can be found at:
Of ice of the Judicial Conduct Commissioner
Sentencing reform
The Government is concerned that some sentences may not adequately reflect the
seriousness of of ending, public expectations, or the interests of victims. In the first 100 days
of the Parliamentary term, the Government passed legislation to remove public funding for
reports under section 27 of the Sentencing Act 2002, which can result in sentence discounts
for convicted offenders.
In December 2024, the Government passed the Sentencing (Reinstating Three Strikes)
Amendment Act 2024 to reinstate the three-stage regime of escalating penalties for repeat
violent and sexual offending, known as the three strikes law. This law is intended to ensure
there are appropriately severe consequences for those who continue to commit serious
offences, to deter reoffending and protect the public. The regime wil commence in June
2025.
You can read more about the three strikes law at
: Three strikes law | New Zealand Ministry
of Justice
Further, the Government wil soon pass the Sentencing (Reform) Amendment Bil to
strengthen consequences for crime by:
• capping the sentence discounts that judges can apply at 40 percent,
• preventing repeat discounts for youth and remorse,
• encouraging the use of cumulative sentencing for offences committed while on bail,
in custody, or on parole,
• implementing a sliding scale for early guilty pleas to prevent undue discounts for late-
stage guilty pleas and avoid unnecessary trials that are costly and stressful for
victims, and
• requiring judges to take into account any information provided to the court about
victims’ interests.
You can find more details at:
Tougher sentences on the horizon for criminals |
Beehive.govt.nz.
Thank you for taking the time to write.
Nāku noa, nā
Fleur Keys
Chief Advisor, Criminal Justice
