The Sensible Sentencing Trust is shining a light on fresh, yet predictable Judicial activism with a High Court judgment released less than a week after the Attorney-General gave a powerful speech about the need for Judicial restraint.

National spokesperson Louise Parsons today said: “It is barely a year since the Coalition government passed sentencing reforms intended to cap sentence discounts to 40%. Yet in one of the first appeal judgments made addressing the new 40% sentence discount limit, the Judge casually decided that he would allow discounts of over 48% - in a case where the victim was killed.

“The High Court appeal decided this week by Judge Becroft in Tauroa v R [2026] NZHC 2348 [11 August 2026], he deemed the original sentencing failed because the offender’s youth was not taken into account.  The offender, who killed her 11 year old younger brother through sustained and impaired dangerous driving causing death, was aged 23.  Hardly a youth.  This was not a case calling for a rare exception.

“Sadly, we expected Judges would continue their activism despite Parliament changing the law in 2025.  Unfortunately, we have been proven right.  Poor drafting, including the use of a loose ‘manifestly unjust’ clause has contributed to this activism.

“Sensible Sentencing Trust is calling on the Government to appeal this ruling to the Court of Appeal to ensure the Judiciary apply the law as Parliament intended it, not how the Judiciary wish it were.  Comity requires all branches of Government to stay in their lane.” concluded Ms Parsons.

https://www.courtsofnz.govt.nz/judgments/high-court