New Zealand Acts

SENTENCING (REFORM) AMENDMENT ACT 2025 - SECT 10

10 New sections 9B to 9T and cross-headings inserted

After section 9A , insert:

9B General rule: no reduction to sentence

1 This section applies if—

a) offending of any kind is committed, in whole, after the commencement of this section, by an offender of or over the age of 18 years; and

b) the court in a sentencing for the offending—

i) imposed a sentence of any type on the offender; and

ii) reduced that sentence under the youth mitigating factor; and

c) further offending of any kind (whether of a kind that is the same as, or different from, the offending) is committed, in whole, after the sentencing for the offending, by the offender.

2 In imposing a sentence of any type on the offender for the further offending, the court must not reduce that sentence under the youth mitigating factor.

3 This section is subject to sections 9C and 9T .

9C Exception: duty to avoid sentence being manifestly unjust

If the application of the general rule in section 9B would result in a sentence that is manifestly unjust, the court must reduce the sentence under the youth mitigating factor to the extent needed to avoid the sentence being manifestly unjust.

9D Duty to record sentence reduction

If a sentence of any type for offending of any kind is reduced under the youth mitigating factor, the court must make an entry in the permanent court record, in relation to the offending, to the effect that the offender has had a sentence reduction under the youth mitigating factor.

9E Duty to inform offender of effect of general rule

If a sentence of any type for offending of any kind is reduced under the youth mitigating factor, the court must inform the offender of the effect of the general rule in section 9B .

9F Effect of failure to record or inform

1 A failure by the court to perform either or both of the duties in sections 9D and 9E does not affect the validity of, and is not in itself grounds for an appeal against,—

a) the sentence for the offending; or

b) a sentence imposed on the offender later for any other offending.

2 A failure by the court to perform either or both of the duties in sections 9D and 9E does not limit the court’s duty to comply with section 9B .

9G Specified sentence

Sections 9H to 9K apply only to a sentence (in those sections called
"the sentence" ) that is—

a) a sentence of imprisonment for offending of any kind; or

b) a sentence of any other type for offending of any kind, and to which the court considers it appropriate to apply those sections.

9H General rule: sliding scale of maximum reductions

1 A reduction to the sentence under the guilty plea mitigating factor must not exceed the applicable maximum percentage set out in the following table:

Item		When defendant enters plea of guilty or communicates willingness to plead guilty		Maximum reduction
1		At the first reasonable opportunity		25%
2		At the case review hearing (see sections 54 to 59 of the Criminal Procedure Act 2011)		20%
3		At or before the first trial callover (if proceedings have been adjourned for a trial callover under that Act)		15%
4		20 or more working days (as defined in section 5 of that Act) before the scheduled start date for the trial		10%
5		Less than 20 working days (as so defined) before the scheduled start date for the trial, or during the trial		5%

2 This section is subject to sections 9I and 9T .

9I Exception: departing from scale up to 25% of sentence

The court may, if it considers it appropriate, make a reduction to the sentence under the guilty plea mitigating factor that—

a) exceeds the applicable maximum percentage in item 2, 3, 4, or 5 of the table in section 9H ; but

b) does not exceed 25%.

9J Duty to state certain matters

If the court makes a reduction to the sentence under the guilty plea mitigating factor, the court must state (using any words that it thinks fit)—

a) how it has applied the sliding scale in section 9H ; and

b) reasons for, and the extent of, a departure under section 9I .

9K Matters that court may consider if applicable

In making a reduction to the sentence under the guilty plea mitigating factor, the court may consider the following matters to the extent that they are applicable in the case:

a) whether and when the defendant received information—

i) as part of criminal disclosure; and

ii) that helped enable the defendant to plead fully and fairly:

b) how much the plea prevented, for victims and witnesses, any further trauma, further stress, and further inconvenience:

c) how much the plea saved public resources (for example, of the court, legal aid, and the prosecution):

d) any matter outside the defendant’s control that prevented the defendant from earlier entering a guilty plea or communicating a willingness to plead guilty:

e) whether and when the defendant received independent legal advice:

f) whether and when the defendant pleaded guilty to materially amended charges:

g) whether the defendant disputed the facts of the case, and the outcome of that dispute:

h) any other matter that the court thinks fit to consider in making a sentence reduction under the guilty plea mitigating factor.

9L General rule: no reduction to sentence

1 This section applies if—

a) offending of any kind is committed, in whole, after the commencement of this section, by an offender; and

b) the court in a sentencing for the offending—

i) imposed a sentence of any type on the offender; and

ii) reduced that sentence under the remorse mitigating factor; and

c) further offending of any kind (whether of a kind that is the same as, or different from, the offending) is committed, in whole, after the sentencing for the offending, by the offender.

2 In imposing a sentence of any type on the offender for the further offending, the court must not reduce that sentence under the remorse mitigating factor.

3 This section is subject to sections 9M and 9T .

9M Exception: duty to avoid sentence being manifestly unjust

If the application of the general rule in section 9L would result in a sentence that is manifestly unjust, the court must reduce the sentence under the remorse mitigating factor to the extent needed to avoid the sentence being manifestly unjust.

9N Duty to record sentence reduction

If a sentence of any type for offending of any kind is reduced under the remorse mitigating factor, the court must make an entry in the permanent court record, in relation to the offending, to the effect that the offender has had a sentence reduction under the remorse mitigating factor.

9O Duty to inform offender of effect of general rule

If a sentence of any type for offending of any kind is reduced under the remorse mitigating factor, the court must inform the offender of the effect of the general rule in section 9L .

9P Effect of failure to record or inform

1 A failure by the court to perform either or both of the duties in sections 9N and 9O does not affect the validity of, and is not in itself grounds for an appeal against,—

a) the sentence for the offending; or

b) a sentence imposed on the offender later for any other offending.

2 A failure by the court to perform either or both of the duties in sections 9N and 9O does not limit the court’s duty to comply with section 9L .

9Q General rule: total reductions must not exceed 40% of sentence

1 If a sentence of imprisonment for offending of any kind is reduced under 1 or more personal mitigating factors, total reductions under all those personal mitigating factors must not exceed 40% of the sentence.

2 This section is subject to sections 9R and 9T .

3 This section does not apply to the mitigating factor that the offender assisted the authorities to maintain the law in respect of an offence.

4 However, for the purposes of the 40% cap in this section, total reductions to the sentence under 1 or more personal mitigating factors—

a) include a youth mitigating factor reduction to it only if one is available under sections 9B to 9F :

b) include a guilty plea mitigating factor reduction to it only to the extent that one is available under sections 9G to 9K :

c) include a remorse mitigating factor reduction to it only if one is available under sections 9L to 9P .

9R Exception: duty to avoid sentence being manifestly unjust

If the application of the general rule in section 9Q would result in a sentence that is manifestly unjust, the court must make total reductions to the sentence under all personal mitigating factors that exceed 40% of the sentence to the extent needed to avoid the sentence being manifestly unjust.

9S Duty to state, with reasons, total reductions court would have made

If, but for the application of the general rule in section 9Q , the court would have made total reductions under all personal mitigating factors that exceed 40% of the sentence, the court must state, with reasons, the reductions that it would have made.

9T Discharge, etc, or minimum, or mandatory, sentence or order

Section 9B, 9H, 9L, or 9Q does not apply—

a) if the court considers that the offending would be more appropriately dealt with by—

i) discharging the offender without conviction under section 106; or

ii) convicting and discharging the offender under section 108; or

iii) convicting the offender and ordering the offender, under section 110, to come up for sentence if called on; or

b) to the extent that applying that section would be inconsistent with legislation that requires any minimum, or mandatory, sentence to be imposed, or order to be made, for the offending.