Three strikes
sellout campaign

What is Three Strikes?

Three Strikes is an ‘enhanced sentencing’ policy successfully promoted by Sensible Sentencing Trust in the mid-2000s after we researched versions introduced in various US states – such as California.  For New Zealand, we promoted a heavily modified version of what typically operated in US states as we considered many US regimes were excessive and not in keeping with an approach consistent with New Zealand values.

Key differences from US regimes were:

• The New Zealand version applies only to serious violent and sexual offences that are punishable by 7 years imprisonment or more, such as murder and aggravated robbery.
• An offender convicted of a third strike would result in the maximum sentence for the offence committed (such as 14 years for aggravated robbery) rather than a ‘Life’ sentence that would typically operate in various US states.

New Zealand’s original version of Three Strikes is best referred to as Three Strikes and the Max.  Meaning after committing two ‘strike’ offences and being formally warned of the severe sentencing and parole consequences of further serious violent or sexual offending, the offender will be sentenced to the maximum sentence in law for the actual offence committed. For example, for murder - life imprisonment without parole, for aggravated robbery - 14 years imprisonment without parole and so on.

What is the purpose of Three Strikes?

Three Strikes is intended to ensure increasingly lengthy sentences are imposed and parole eligibility is removed for serious repeat violent and sexual offenders.  These are a relatively small number of individuals who are either unwilling or unable to stop offending in a serious violent or sexual manner.

The policy intent is blunt but effective.  It is:

1. To deter from reoffending, those offenders who can be deterred by the prospect of such severe sentencing consequences and stop them offending – and creating new victims.
2. To incapacitate the offender by imprisoning them for an extended period of time to separate them from the law-abiding public and vulnerable potential victims.  While in prison they are unable to reoffend against the public.
3. We hope offenders take advantage of every opportunity to rehabilitate and improve themselves while removed from civilised society.

The 2010 regime

The first version of Three Strikes passed by Parliament in New Zealand in 2010 closely reflected the proposal promoted by Sensible Sentencing Trust.  It operated in the following way:

• First strike – Formal warning and regular sentence as determined by the Judge with no restrictions.
• Second strike – Formal warning and regular sentence as determined by the Judge. However, any term of imprisonment must be served without parole or early release.
• Third or subsequent strike – The maximum sentence (as prescribed by law in the Crimes Act 1961) for the offence committed must be imposed without the possibility of parole.

After operating successfully for 12 years, the original Three Strikes regime was repealed by the 2020-2023 Labour Government.  In those 12 years, there were:

• 14,687 First Strikers
• 744 Second Strikers
• 25 Third Strikers

The initially proposed 2024 regime

A heavily watered-down version of the original Three Strikes regime was introduced to Parliament in 2024.    The proposed regime would have:

• Wiped clean the ‘strike’ records of the 14,687 strike offenders convicted under the original 2010 – 2022 Three Strikes regime.
• Introduced a minimum 24 months imprisonment sentence threshold to qualify as a strike offence at each of the three stages of the regime.
• Added ‘strangulation or suffocation’ as a strike offence to the prior list of 40 strike offences.

The proposed regime would have eviscerated the scope and effectiveness of the regime and made it virtually worthless.  For instance, just 7 of the 25 Third Strikers convicted between 2010 and 2022 would have qualified as Third Strikers if they committed the same series of offences.

Sadly, it appears the National-ACT-NZ First Government became captured by poor advice from the bureaucracy regarding the threshold and clean-slate provisions in particular.

Stop the Three Strikes Sellout campaign

With the help of hundreds of motivated New Zealanders, Sensible Sentencing Trust ran a vigorous and largely successful campaign to strengthen the proposed regime.

The proposed regime was strengthened twice (once at Select Committee) by the responsible Minister, Nicole McKee after our lobbying and that of our supporters. Government to toughen Three Strikes Bill | Beehive.govt.nz  We are grateful to our supporters for their amazing help to put pressure on the Government to improve the regime.

The 2024 regime

The regime will now: Three Strikes Bill passes third reading | Beehive.govt.nz

• Carry over strike warnings from the previous regime where the sentences imposed meet the new sentence thresholds.
• Introduce a 12 month minimum sentence at first strike (reduced from 24 months under the initial proposal), and a 24 months minimum sentence at second and third strike stage.

While we did not achieve all policy changes we sought, these changes will make a meaningful increase to the number of offenders qualifying as strike offenders and reduce the future number of victims.

Equally importantly, the 14,687 former strikers will not be ‘clean-slated’ and remain subject to robust sentences should they reoffend and create new victims.  That is as it should be.

However, it remains the position of Sensible Sentencing Trust that the re-introduced Three Strikes regime is needlessly watered down and will be much less effective that it would be without the unnecessary sentence thresholds – particularly at first and second strike stage.

The new Three Strikes regime will be in force from mid-2025.