Three Strikes Legislation Repeal Act 2022

1: Title
This Act is the Three Strikes Legislation Repeal Act 2022.
2: Commencement
This Act comes into force on the day after the date of Royal assent.
1: Amendments to Sentencing Act 2002
3: Principal Act
This Part amends the Sentencing Act 2002 2022-08-16 Sentencing Act 2002
4: Section 4 amended (Interpretation)
In section 4(1) minimum period of imprisonment section 86, 86D(4), 86E(4)﻿(a), 89, or 103 section 86, 89, or 103
5: Sections 86A to 86I and cross-heading repealed
Repeal sections 86A to 86I section 86A
6: Section 89 amended (Imposition of minimum period of imprisonment)
Repeal section 89(2A)
7: Section 102 amended (Presumption in favour of life imprisonment for murder)
Repeal section 102(3)
8: Section 103 amended (Imposition of minimum period of imprisonment or imprisonment without parole if life imprisonment imposed for murder)
Replace section 103(1)
1: If a court sentences an offender convicted of murder to imprisonment for life, it must—
a: order that the offender serve a minimum period of imprisonment under that sentence; or
b: if subsection (2A) applies, make an order under that subsection.
9: Section 104 amended (Imposition of minimum period of imprisonment of 17 years or more)
In section 104(2) section 86E(2)﻿(b) or (4)﻿(a) or 103(2A) section 103(2A)
10: Schedule 1AA amended
In Schedule 1AA
a: insert the Part set out in the Schedule
b: make all necessary consequential amendments.
2: Amendments to other legislation
1: Amendments to Acts
Amendment to Arms Act 1983
11: Principal Act
Section 12 Arms Act 1983 2022-08-16 Arms Act 1983
12: Section 22H amended (Persons disqualified from holding firearms licence)
Replace section 22H(a)﻿(ii)
ii: a specified violent offence as defined in section 4 of the Victims’ Orders Against Violent Offenders Act 2014: Amendment to Criminal Procedure Act 2011
13: Principal Act
Section 14 Criminal Procedure Act 2011 2022-08-16 Criminal Procedure Act 2011
14: Section 180 amended (Court may correct erroneous sentence)
Repeal section 180(4)﻿(b) Amendment to Evidence Act 2006
15: Principal Act
Section 16 Evidence Act 2006 2022-08-16 Evidence Act 2006
16: Section 139 amended (Evidence of convictions, acquittals, and other judicial proceedings)
Repeal section 139(1)﻿(ba) Amendments to Parole Act 2002
17: Principal Act
Sections 18 to 21 Parole Act 2002 2022-08-16 Parole Act 2002
18: Section 20 amended (Parole eligibility date)
Repeal section 20(5) to (8)
19: Section 84 amended (Non-parole periods)
1: In section 84(2) section 86, section 86D(4), section 86E(4), section 89, or section 103 section 86, 89, or 103
2: Replace section 84(3)
3: The non-parole period of a sentence of imprisonment for life (other than one in respect of which the court has imposed a minimum term of imprisonment) is 10 years.
3: Repeal sections 84(3A) 84(5)﻿(ab)
20: Section 86 amended (Release date of sentence)
Repeal section 86(1A)
21: Section 88 amended (Chief executive must determine key dates, etc)
After section 88(3)
4: A determination made under this section must be made as if the Three Strikes Legislation Repeal Act 2022 had not been enacted. Amendments to Victims’ Orders Against Violent Offenders Act 2014
22: Principal Act
Sections 23 to 26 Victims’ Orders Against Violent Offenders Act 2014 2022-08-16 Victims’ Orders Against Violent Offenders Act 2014
23: Section 4 amended (Interpretation)
1: In section 4 immediate family violent offence specified violent offence
2: In section 4 victim violent offence specified violent offence
3: In section 4 violent offence
4: In section 4 specified violent offence
1: section 128B (sexual violation):
2: section 129 (attempted sexual violation and assault with intent to commit sexual violation):
3: section 129A(1) (sexual connection with consent induced by threat):
4: section 131(1) (sexual connection with dependent family member under 18 years):
5: section 131(2) (attempted sexual connection with dependent family member under 18 years):
6: section 132(1) (sexual connection with child):
7: section 132(2) (attempted sexual connection with child):
8: section 132(3) (indecent act on child):
9: section 134(1) (sexual connection with young person):
10: section 134(2) (attempted sexual connection with young person):
11: section 134(3) (indecent act on young person):
12: section 135 (indecent assault):
13: section 138(1) (exploitative sexual connection with person with significant impairment):
14: section 138(2) (attempted exploitative sexual connection with person with significant impairment):
15: section 142A (compelling indecent act with animal):
16: section 144A (sexual conduct with children and young people outside New Zealand):
17: section 172 (murder):
18: section 173 (attempted murder):
19: section 174 (counselling or attempting to procure murder):
20: section 175 (conspiracy to murder):
21: section 177 (manslaughter):
22: section 188(1) (wounding with intent to cause grievous bodily harm):
23: section 188(2) (wounding with intent to injure):
24: section 189(1) (injuring with intent to cause grievous bodily harm):
25: section 191(1) (aggravated wounding):
26: section 191(2) (aggravated injury):
27: section 198(1) (discharging firearm or doing dangerous act with intent to do grievous bodily harm):
28: section 198(2) (discharging firearm or doing dangerous act with intent to injure):
29: section 198A(1) (using firearm against law enforcement officer, etc):
30: section 198A(2) (using firearm with intent to resist arrest or detention):
31: section 198B (commission of crime with firearm):
32: section 200(1) (poisoning with intent to cause grievous bodily harm):
33: section 201 (infecting with disease):
34: section 208 (abduction for purposes of marriage or civil union or sexual connection):
35: section 209 (kidnapping):
36: section 232(1) (aggravated burglary):
37: section 234 (robbery):
38: section 235 (aggravated robbery):
39: section 236(1) (causing grievous bodily harm with intent to rob, or assault with intent to rob in specified circumstances):
40: section 236(2) (assault with intent to rob)
24: Section 5 amended (Meaning of violent offender or offender)
In section 5(1) violent offence specified violent offence
25: Section 7 amended (Application for non-contact order)
In section 7(1) violent offence specified violent offence
26: Section 18 amended (Discharge of non-contact order by operation of law)
In section 18(1)﻿(a) and (b) violent offence specified violent offence
2: Amendments to secondary legislation
Amendments to Criminal Procedure (Transfer of Information) Regulations 2013
27: Principal regulations
Sections 28 and 29 Criminal Procedure (Transfer of Information) Regulations 2013 2022-08-16 Criminal Procedure (Transfer of Information) Regulations 2013
28: Regulation 3 amended (Interpretation)
In regulation 3(1) violent offence specified violent offence
29: Regulation 8A amended (Information about criminal proceedings in VOAVOA proceedings)
In regulation 8A(3)﻿(a) and (c) violent offence specified violent offence Amendment to Legal Services (Quality Assurance) Regulations 2011
30: Principal regulations
Section 31 Legal Services (Quality Assurance) Regulations 2011 2022-08-16 Legal Services (Quality Assurance) Regulations 2011
31: Schedule amended
In the Schedule approval level 4 criminal proceedings Amendments to Sentencing Regulations 2002
32: Principal regulations
Sections 33 34 Sentencing Regulations 2002 2022-08-16 Sentencing Regulations 2002
33: Regulation 5 amended (Prescribed forms)
In regulation 5(2) 12B to
34: Schedule amended
1: In the Schedule, form 7
a: heading, replace Sections 86, 86D(4), 86E(4)﻿(a), and 103 Sections 86 and 103
b: paragraph 2, delete or
c: paragraph 3, replace section 86/86D(4)/86E(4)﻿(a)/103* section 86/103*
2: In the Schedule, form 8 or specify period
3: In the Schedule, revoke forms 12B to 12E
4: In the Schedule, form 12F
a: heading, replace Sections 86C(4), 86D(3), 86E(2), and 103(2A) Sections 86 and 103
b: paragraph 2, delete For this paragraph select the statement that applies or or or
c: paragraph 3,—
i: replace section 86C(4)/86D(3)/86E(2)/103(2A)* section 103(2A)
ii: delete *Select one.