Labour leader Chris Hipkins won't say whether he'll repeal the bill, which passed its third reading today. Photo / Dean Purcell
Labour leader Chris Hipkins won't say whether he'll repeal the bill, which passed its third reading today. Photo / Dean Purcell
Labour is reserving its judgment on the Government’s sentencing reforms that include capping the discounts judges can apply at sentencing, stopping repeat discounts for remorse, and encouraging cumulative sentences for offences committed on bail or parole.
The reforms, which passed through the House today, were criticised by senior Labour MPs who spoke on the Sentencing (Reform) Amendment Bill but party leader Chris Hipkins wouldn’t confirm whether a future Labour-led Government would scrap the new laws.
“We don’t want to end up in a race to sentence people longer and see who can dish out the most punitive sentences when they don’t actually reduce crime or even deter crime, but nor am I saying that we’re going to make it easier or reduce sentences,” he said.
“We’ll set out any changes that we’ll make to the Sentencing Act before the next election, but I’m not making commitments on that right at the moment.”
The bill passed its third reading this afternoon with support from the three Government parties. All three Opposition parties voted against it.
Justice Minister Paul Goldsmith believes Parliament has the mandate to set a sentencing framework. Photo / Dean Purcell
The reforms included:
Capping sentence discounts to 40%;
Preventing offenders from receiving repeat discounts for remorse;
Setting a maximum 25% discount for guilty pleas which decreased the later the plea was made;
Encouraging cumulative sentences to be applied to those who offended while on bail, in custody or on parole.
It also introduced two aggravating factors that would target adults who helped young people to offend and those who livestreamed their criminal acts – two proposals that had come from the previous Labour Government.
The changes will come into force in about three months.
During his speech in the House, Labour justice spokesman Duncan Webb described the bill as a “kneejerk reaction” and said it would remove judges’ ability to weigh up the circumstances surrounding a person’s offending.
He suspected it would lead to an increase in discharges without convictions, defeating the purpose of the reform to give stronger punishments to offenders.
Justice Minister Paul Goldsmith referenced the concern about the limitations being imposed on the judiciary but argued it was Parliament’s role to establish a sentencing framework.
Green MP Lawrence Xu-Nan also claimed the bill compromised New Zealand’s constitutional arrangement regarding the relationship between Parliament and the judiciary and believed it would do little to address the true drivers of crime.
“Rather than simply putting more young people in prison, we must address the drivers of crime, through liveable incomes, accessible healthcare, and stable housing.”
After MPs from Act and NZ First gave brief calls in support of the bill, Te Pāti Māori MP Tākuta Ferris dismissed the bill as a reflection of the Government’s desire to win votes rather than effective measures to reduce crime.
“I don’t know why they bother to have agencies,” Ferris said as he pointed to official advice the Government received opposing aspects of its reforms.
Adam Pearse is a political reporter in the NZ Herald Press Gallery team, based at Parliament. He has worked for NZME since 2018, covering sport and health for the Northern Advocate in Whangārei before moving to the Herald in Auckland, covering Covid-19 and crime.
