Maximum Penalties

Start date
01 February 2007
04 473 3453
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Project Overview

A review of maximum penalties contained in the five major criminal statutes (Crimes Act 1961, Misuse of Drugs Act 1975, Land Transport Act 1998, Arms Act 1983, and Summary Offences Act 1981) was commenced by the Commission.  Changes were to be recommended to correct existing penalty anomalies and to reflect changes in the rules relating to the automatic release of offenders.  Due to changes in government priorities, this project was not completed. The Commission decided to publish a Study Paper, Maximum Penalties for Criminal Offences (NZLC SP21, 2013), to make the initial research undertaken available for other researchers and advisers. The Commission does not make any recommendations on the Study Paper. BREAK As further background, in 2006 the Commission produced a Report, Sentencing Guidelines and Parole Reform (NZLC R94), which recommended the establishment of a Sentencing Council in New Zealand.  While those recommendations were given effect by the Sentencing Council Act 2007, the Council has not been constituted to date.  To support the proposed Sentencing Council, the Commission commenced research into how maximum penalties might be conceptualised.