Seven recent changes to Criminal Defence Law
New Zealand’s criminal defence law landscape has shifted in recent months, with the various changes now in motion. These range from new Acts, to amendments, and proposed changes to the law, all collectively signalling a tougher stance on crime. We summarise seven of the recent changes.
1. Gangs Act 2024
The Gangs Act 2024 was introduced late last year and came into effect on 23 September 2024. It introduced several measures targeting gang-related activities, including the ban of gang patches or insignia on clothing or vehicles on public display. Violations of this Act could result in fines of up to $5,000 or imprisonment for up to six months. Other key parts of the Act include:
- Dispersal Powers: Police now have the authority to disperse gatherings of gang members in public spaces.
- Non-Consorting Orders: The Act allows courts to issue orders preventing gang members from associating with each other.
- Sentencing Considerations: Membership in a criminal gang is now a mandatory aggravating factor in sentencing, potentially leading to harsher penalties.
2. Sentencing (Reinstating Three Strikes) Amendment Act 2024
The Sentencing (Reinstating Three Strikes) Amendment Bill restores the three strikes regime and was reinstated on 13 December 2024 for repeat offenders.
The three strikes regime sets out a three-stage process with increasingly stricter consequences for repeat serious violent and sexual offending. This means on the:
- First Strike an offender will receive a warning.
- Second Strike there will be denial of parole.
- Third Strike a mandatory maximum sentence without parole will be applied.
These strikes are limited to 42 serious violent and sexual offences and include new offences of strangulation and suffocation.
The minimum sentence threshold for the first strike is 12 months, with the second and third strikes at 24 months.
3. Sentencing Amendment Act 2024
This was enacted on 23 September 2024 and amends the Sentencing Act 2002. It now recognises that gang membership is an aggravating factor during sentencing.
4. Cultural Reports Funding ceased
In February 2024, the government ceased funding for cultural reports under s27 of the Sentencing Act 2002. The significance is, these reports often provide context on an offender’s background and circumstances.
The decision has been criticised for potentially disadvantaging Māori and low-income offenders.
5. Ram Raid Offending and Related Measures Amendment Bill
Passed on 20 February 2025, the Ram Raid Offending and Related Measures Amendment Bill provides measures aimed to reduce criminal behaviour that is predominantly carried out by children and young people. This includes:
- Ram raiding is now a distinct offence under the Crimes Act 1961.
- Youth offenders (from 12 years’ old) can now have bodily samples taken from them and be charged with ram raiding.
- Those who livestream offences, or encourage, or assist in the livestreaming of ram raids will have this recognised as an aggravating factor in sentencing.
6. Firearms Law reform
The proposed changes to the Firearms Law reform include:
- Prohibition Orders: this allows for easier imposition of firearm prohibition orders, particularly for gang members.
- Club Regulations: there will be stricter regulations on shooting clubs and firearm ownership.
- Gun Buy-backs: potential buy-back schemes could be introduced for certain types of firearms.
7. Prosecution Guidelines update
On 12 December 2024, the Solicitor-General issued updated the Prosecution Guidelines. This is the first comprehensive revision since 2013 and these guidelines are now fully digital and searchable. They also provide clearer direction on prosecutorial discretion, plea bargaining, and case prioritisation.
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Article publish date: 13 June 2025
Please note, the information in this article was correct as at the publishing date.