Sentencing (Reinstating Three Strikes) Amendment Regulations 2025
2025/79
Sentencing (Reinstating Three Strikes) Amendment Regulations 2025
Cindy Kiro, Governor-General
Order in Council
At Wellington this 12th day of May 2025
Present:
Her Excellency the Governor-General in Council
These regulations are made under section 147 of the Sentencing Act 2002 on the advice and with the consent of the Executive Council.
Regulations
1 Title
These regulations are the Sentencing (Reinstating Three Strikes) Amendment Regulations 2025.
2 Commencement
These regulations come into force on 17 June 2025.
3 Principal regulations
These regulations amend the Sentencing Regulations 2002.
4 Regulation 5 amended (Prescribed forms)
(1)
In regulation 5(2), replace “and 12F”
with “12F to 12J, and 12L”
.
(2)
In regulation 5(3), after “12AB,”
, insert “12K,”
.
5 Schedule amended
(1)
In the Schedule, replace form 7 with the form 7 set out in Schedule 1 of these regulations.
(2)
In the Schedule, form 8, replace paragraph 2 with:
2
For this paragraph select the statement that applies.
Statement A
I have considered the matters referred to in section 89(2) of the Sentencing Act 2002 and consider that a minimum period of imprisonment of [specify period] is appropriate.
Statement B
I am satisfied that section 86R(6) of the Sentencing Act 2002 applies to the offender and consider that a minimum period of imprisonment of [specify period] is appropriate.
(3)
In the Schedule, replace form 12F with the forms 12F to 12L set out in Schedule 2 of these regulations.
Schedule 1 Form 7 in Schedule replaced
Form 7 Order for minimum period of imprisonment within determinate sentence or sentence of imprisonment for life
Complete this form and attach it to form 9 (warrant of commitment).
To every constable and to the Manager of the prison at [place]
1
[Full name, address, occupation] (the offender) was, on [date], convicted of [offence] by the [specify] Court at [place] and on [date] was sentenced to imprisonment for a term of [specify period]/imprisonment for life*.
| *Select one. |
2
For this paragraph select the statement that applies.
Statement A
Section 86(2) of the Sentencing Act 2002 applies to the offender as I am satisfied that the period of imprisonment otherwise applicable to the offender’s determinate sentence under section 84(1) of the Parole Act 2002 is insufficient for all or any of the following purposes:
holding the offender accountable for the harm done to the victim and the community by the offending:
denouncing the conduct in which the offender was involved:
deterring the offender or other persons from committing the same or a similar offence:
protecting the community from the offender.
Statement B
I am satisfied that section 86P(2)/86S(2)* of the Sentencing Act 2002 applies to the offender.
| *Select one. |
Statement C
Section 103(1)(a) of the Sentencing Act 2002 applies to the offender, and I consider that the minimum term of imprisonment specified below is necessary to satisfy all or any of the following purposes:
holding the offender accountable for the harm done to the victim and the community by the offending:
denouncing the conduct in which the offender was involved:
deterring the offender or other persons from committing the same or a similar offence:
protecting the community from the offender.
3
The court orders, under section 86/86P(2)/86S(2)/103* of the Sentencing Act 2002, that the offender must serve a minimum period of imprisonment of [specify period].
| *Select one. |
Dated at [specify] Court at [place] on [date]
Signature:
(Judge)
Schedule 2 Form 12F in Schedule replaced
Form 12F Order that offender serve full term of imprisonment
Complete this form and attach it to form 9 (warrant of commitment).
Case No:
To every constable and to the Manager of the prison at [place]
1
[Full name, address, occupation] (the offender) was, on [date], convicted of [offence] by the [specify] Court at [place] and on [date] was sentenced to imprisonment for a term of [specify period]/imprisonment for life*.
| *Select one. |
2
For this paragraph select the statement that applies.
Statement A
I am satisfied that section 86O(2) of the Sentencing Act 2002 applies to the offender.
Statement B
I am satisfied that section 86R(3) of the Sentencing Act 2002 applies to the offender.
Statement C
I consider that section 103(2A) of the Sentencing Act 2002 applies to the offender and no minimum term of imprisonment would be sufficient to satisfy any or all of the following purposes:
holding the offender accountable for the harm done to the victim and the community by the offending:
denouncing the conduct in which the offender was involved:
deterring the offender or other persons from committing the same or a similar offence:
protecting the community from the offender.
3
The court orders, under section 86O(2)/86R(3)/103(2A)* of the Sentencing Act 2002, that the offender must serve the full term of imprisonment.
| *Select one. |
Dated at [specify] Court at [place] on [date]
Signature:
(Judge)
Form 12G Notice of consequences of first warning
Case No:
Note: In this notice, a qualifying offence means an offence against a provision of the Crimes Act 1961 listed in Schedule 1AB of the Sentencing Act 2002 (a list of these offences is attached).
To [full name, address, and occupation of offender]
1
On [date], you were sentenced for the following qualifying offence(s): [list offences].
2
For this paragraph select the statement that applies.
Statement A
You have been sentenced to imprisonment for a term of [specify period of sentence for relevant qualifying offence(s)].
Statement B
You have been sentenced to imprisonment for a term of [specify period of sentence for relevant qualifying offence(s)], cumulative on [specify cumulative sentences] for those offences.
Statement C
You have been sentenced to [specify indeterminate sentence for relevant qualifying offence(s)].
3
On [date], I gave you a first warning, in which I warned you of the possible consequences if you subsequently receive a qualifying sentence for any qualifying offence committed after that first warning.
4
This notice records in writing the possible consequences that I explained to you.
5
A record of the first warning will now appear in the permanent court record and in your criminal record.
What are the possible consequences of the first warning?
What happens if you commit another qualifying offence (other than murder)?
If you are sentenced for another qualifying offence (other than murder) committed after you received the first warning and the Judge sentences you to imprisonment for more than 24 months,—
(a)
you will have to serve that sentence without parole (unless it is a sentence of life imprisonment or preventive detention); and
(b)
you will be given another warning, called a subsequent warning.
The Judge may decide that it would be manifestly unjust for you to be ineligible for parole. If the Judge decides that you should be eligible for parole, they may still impose a minimum period of imprisonment.
What happens if you commit murder?
If you are sentenced for murder committed after you received the first warning,—
(a)
when you are sentenced, the Judge must sentence you to imprisonment for life with a longer minimum period of imprisonment than would otherwise apply; and
(b)
you will be given another warning, called a subsequent warning.
The Judge will determine the longer minimum period of imprisonment by taking into account whether you pleaded guilty to the offence and other relevant circumstances.
The Judge may decide that either life imprisonment or the longer minimum period of imprisonment would be manifestly unjust and impose a different sentence or minimum period of imprisonment. Alternatively, the Judge may order that you serve the sentence of imprisonment for life without parole.
Dated at [specify] Court at [place] on [date]
Signature:
(Judge)
Form 12H Notice of consequences of subsequent warning
Case No:
Note: In this notice, a qualifying offence means an offence against a provision of the Crimes Act 1961 listed in Schedule 1AB of the Sentencing Act 2002 (a list of these offences is attached).
To [full name, address, and occupation of offender]
1
On [date], you were sentenced for the following qualifying offence(s): [list offences].
2
For this paragraph select the statement that applies.
Statement A
You have been sentenced to imprisonment for a term of [specify period of sentence for relevant qualifying offence(s)].
Statement B
You have been sentenced to imprisonment for a term of [specify period of sentence for relevant qualifying offence(s)], cumulative on [specify cumulative sentences] for those offences.
Statement C
You have been sentenced to [specify indeterminate sentence for relevant qualifying offence(s)].
3
You had a record of a first warning at the time you committed the offence(s).
4
On [date], I gave you a subsequent warning, in which I warned you of the possible consequences if you receive a further qualifying sentence for any qualifying offence committed after that subsequent warning.
5
This notice records in writing the possible consequences that I explained to you.
6
A record of the subsequent warning will now appear in the permanent court record and in your criminal record.
What are the possible consequences of this subsequent warning?
What happens if you commit another qualifying offence (other than murder)?
If you are sentenced for another qualifying offence (other than murder) committed after you received the subsequent warning and the Judge sentences you to imprisonment for more than 24 months,—
(a)
the term of imprisonment will be the maximum term for that offence (unless the offence is manslaughter or you pleaded guilty to the offence, in which case other prescribed minimum terms apply); and
(b)
you must serve the sentence without parole; and
(c)
you will be given another subsequent warning.
The Judge may decide that the maximum term of imprisonment or your ineligibility for parole would be manifestly unjust. If the Judge decides that you should be eligible for parole, they may still impose a minimum period of imprisonment.
What happens if you commit murder?
If you are sentenced for murder committed after you received the subsequent warning,—
(a)
when you are sentenced, the Judge must sentence you to imprisonment for life with a longer minimum period of imprisonment than would otherwise apply; and
(b)
you will be given another subsequent warning.
The Judge will determine the longer minimum period of imprisonment by taking into account whether you pleaded guilty to the offence and other relevant circumstances.
The Judge may decide that either life imprisonment or the longer minimum period of imprisonment would be manifestly unjust and impose a different sentence or minimum period of imprisonment. Alternatively, the Judge may order that you serve the sentence of imprisonment for life without parole.
Dated at [specify] Court at [place] on [date]
Signature:
(Judge)
Form 12I Notice of cessation of warning
Case No:
Note: In this notice, a qualifying offence means an offence against a provision of the Crimes Act 1961 listed in Schedule 1AB of the Sentencing Act 2002 (a list of these offences is attached).
To [full name, address, and occupation of person]
1
On [date], you were sentenced for the following qualifying offence(s): [list offences].
2
On [date], the court gave you a first/subsequent* warning, which warned you of the possible consequences if you were convicted of and sentenced for another qualifying offence committed after that warning.
| *Select one. |
3
For this paragraph select the statement that applies.
Statement A
On [date], your appeal against your conviction(s) for the offence(s) for which you received your first/subsequent* warning was allowed and your conviction was/convictions were* quashed or set aside.
| *Select one. |
Statement B
On [date], your appeal against your sentence imposed for the offence(s) for which you received your first/subsequent* warning was allowed, your sentence was quashed or set aside, and a qualifying sentence/sentence of imprisonment of more than 12 months but not more than 24 months* was not imposed in substitution.
| *Select one. |
Statement C
On [date], your sentence imposed for the offence(s) for which you received your first/subsequent* warning was cancelled and substituted with a sentence of home detention.
| *Select one. |
Statement D
On [date], the court imposed a new sentence under section 180 of the Criminal Procedure Act 2011 for the offence to which the first/subsequent* warning relates and the new sentence is not a qualifying sentence/sentence of imprisonment of more than 12 months but not more than 24 months*.
| *Select one. |
Statement E
On [date], you were granted a free pardon for the offence to which the first/subsequent* warning relates.
| *Select one. |
Statement F
On [date], you fulfilled the conditions of a conditional pardon and are not required to serve a qualifying sentence/sentence of imprisonment of more than 12 months* for the offence to which the first/subsequent* warning relates.
| *Select one. |
4
You therefore no longer have a record of a first/subsequent* warning in relation to the offence(s) listed above.
| *Select one. |
Dated at [specify] Court at [place] on [date]
Signature:
(Judge)
Form 12J Notice of replacement of subsequent warning with first warning
Case No:
Note: In this notice, a qualifying offence means an offence against a provision of the Crimes Act 1961 listed in Schedule 1AB of the Sentencing Act 2002 (a list of these offences is attached).
To [full name, address, and occupation of offender]
1
On [date], you were sentenced for the following qualifying offence(s): [list offences].
2
On [date], you were given a subsequent warning because you had a record of a first warning when you committed the offence(s).
3
For this paragraph select the statement that applies.
Statement A
On [date], your appeal against your conviction(s) for the offence(s) for which you received your first warning was allowed and your conviction was/convictions were* quashed or set aside.
| *Select one. |
Statement B
On [date], your appeal against your sentence imposed for the offence(s) for which you received your first warning was allowed, that sentence was quashed or set aside, and a qualifying sentence was not imposed in substitution.
Statement C
On [date], your appeal against your sentence imposed for the stage-2 offence(s) for which you received your subsequent warning was allowed, that sentence was quashed or set aside, and a sentence of imprisonment of more than 12 months but not more than 24 months was imposed in substitution.
Statement D
On [date], your sentence imposed for the offence(s) for which you received your first warning was cancelled and substituted with a sentence of home detention.
Statement E
On [date], the court imposed a new sentence under section 180 of the Criminal Procedure Act 2011 for the offence to which your first warning relates and the new sentence is not a qualifying sentence.
Statement F
On [date], you were granted a free pardon for the offence to which your first warning relates.
Statement G
On [date], you fulfilled the conditions of a conditional pardon and are not required to serve a qualifying sentence for the offence to which your first warning relates.
4
For this paragraph select the statement that applies.
Statement A
The court ordered that a first warning replace your subsequent warning. That first warning is treated as having taken effect on [date that the replaced subsequent warning took effect].
Statement B
The court ordered that a first warning replace your earliest subsequent warning/warnings* (being any subsequent warning that took effect on the earliest date on which you had a subsequent warning). That first warning is treated as having taken effect on [date on which the replaced subsequent warning(s) took effect].
| *Select one. |
5
This notice records in writing the possible consequences if you are convicted and sentenced for another qualifying offence committed after that first warning.
What are the possible consequences of the first warning?
What happens if you commit another qualifying offence (other than murder)?
If you are sentenced for another qualifying offence (other than murder) committed after you received the first warning and the Judge sentences you to imprisonment for more than 24 months,—
(a)
you will have to serve that sentence without parole (unless it is a sentence of life imprisonment or preventive detention); and
(b)
you will be given another warning, called a subsequent warning.
The Judge may decide that it would be manifestly unjust for you to be ineligible for parole. If the Judge decides that you should be eligible for parole, they may still impose a minimum period of imprisonment.
What happens if you commit murder?
If you are sentenced for murder committed after you received the first warning,—
(a)
when you are sentenced, the Judge must sentence you to imprisonment for life with a longer minimum period of imprisonment than would otherwise apply; and
(b)
you will be given another warning, called a subsequent warning.
The Judge will determine the longer minimum period of imprisonment by taking into account whether you pleaded guilty to the offence and other relevant circumstances.
The Judge may decide that either life imprisonment or the longer minimum period of imprisonment would be manifestly unjust and impose a different sentence or minimum period of imprisonment. Alternatively, the Judge may order that you serve the sentence of imprisonment for life without parole.
Dated at [specify] Court at [place] on [date]
Signature:
(Judge)
Form 12K Summons to offender to be given warning for qualifying offence
Case No:
Note: In this notice, a qualifying offence means an offence against a provision of the Crimes Act 1961 listed in Schedule 1AB of the Sentencing Act 2002 (a list of these offences is attached).
To [full name, address, and occupation of offender]
1
On [date], you were sentenced for the following qualifying offence(s): [list offences].
2
For this paragraph select the statement that applies.
Statement A
On that occasion, this court omitted to give you a warning required under section 86K/86KA/86L* of the Sentencing Act 2002.
| *Select one. |
Statement B
That sentence (the new sentence) was imposed in substitution for a previous sentence, which was quashed or set aside on an appeal. Because you were not before the court that imposed the new sentence, the court did not give a warning under section 86K/86KA/86L* of the Sentencing Act 2002.
The court that imposed the new sentence remitted the proceeding to this court in order for you to be given that warning.
| *Select one. |
3
You are summoned to appear on [date and time] in [specify] Court at [place] to be given that warning.
4
If you fail to appear before this court in answer to this summons at the above specified time and place, a warrant will be issued for your arrest.
Dated at [specify] Court at [place] on [date]
Signature:
(Registrar/Deputy Registrar*)
| *Select one. |
Form 12L Warrant to arrest offender to be given warning for qualifying offence
Case No:
Note: In this notice, a qualifying offence means an offence against a provision of the Crimes Act 1961 listed in Schedule 1AB of the Sentencing Act 2002 (a list of these offences is attached).
To every constable
1
On [date], [full name, address, and occupation of offender] (the offender) was sentenced for the following qualifying offence(s): [list offences].
2
For this paragraph select the statement that applies.
Statement A
On that occasion, this court omitted to give the offender a warning required under section 86K/86KA/86L* of the Sentencing Act 2002.
| *Select one. |
Statement B
That sentence (the new sentence) was imposed in substitution for a previous sentence, which was quashed or set aside on an appeal. Because the offender was not before the court that imposed the new sentence, the court did not give a warning under section 86K/86KA/86L* of the Sentencing Act 2002.
The court that imposed the new sentence remitted the proceeding to this court in order for that warning to be given.
| *Select one. |
3
On [date], a summons was issued to the offender requiring the offender to appear in this court on [date] to be given a warning under section 86K/86KA/86L* of the Sentencing Act 2002, but the offender failed to appear before this court in answer to the summons.
| *Select one. |
4
I direct you to arrest the offender and bring the offender before this court as soon as possible so that the offender may be given that warning.
Dated at [specify] Court at [place] on [date]
Signature:
(Judge)
Nicola Purvis,
Acting Clerk of the Executive Council.
Explanatory note
This note is not part of the regulations but is intended to indicate their general effect.
These regulations, which come into force on 17 June 2025, amend the Sentencing Regulations 2002 (the principal regulations) to reflect the changes made to the Sentencing Act 2002 (the principal Act) by the Sentencing (Reinstating Three Strikes) Amendment Act 2024 (the amendment Act).
These regulations insert new forms into the principal regulations. A court may use those forms to give written notice to an offender—
of the possible consequences if they commit a qualifying offence after the court gives them a first warning (see new form 12G); and
of the possible consequences if they commit a qualifying offence after the court gives them a subsequent warning (see new form 12H); and
that the offender no longer has a record of first warning or subsequent warning (see new form 12I); and
that a subsequent warning in relation to the offender has been replaced with a first warning, along with the possible consequences if they subsequently commit a qualifying offence (see new form 12J).
Additionally, the regulations insert 2 forms to be used where either the court omitted to give a warning at sentencing or the offender was not before the appropriate court in relation to a substituted sentence (see section 86M(2) and (6) of the principal Act), as follows:
the court must use new form 12K to issue a summons to the offender in order for the offender to be given the warning:
the court may use new form 12L to issue a warrant to arrest the offender in order for the offender to be given the warning if they fail to appear before the court in answer to the summons.
Date of notification in Gazette: 15 May 2025.
These regulations are administered by the Ministry of Justice.