Concerns rise over sentencing reforms

There are growing concerns about how sentencing reforms may affect children from Pacific and Māori communities.

On Wednesday, the Sentencing Reform Amendment Bill passed through the House with the support of all three coalition parties.

The reforms include limiting the discounts judges can apply to offenders who show remorse or plead guilty and allowing cumulative sentences for offences committed while on bail, in custody, or on parole.

Dr Claire Achmad, the Chief Children’s Commissioner, says the law change is a step in the wrong direction.

“I'm concerned that if we see more Pacific whānau going into our prisons and being incarcerated under this new Sentencing Act, that that will have, over time, a negative effect on our Pacific mokopuna and their well-being.”

In a press release, Justice Minister Paul Goldsmith lauded the reforms, saying they aim to move away from a “culture of excuses” and restore real consequences for crime.

He says the courts have been imposing fewer and shorter prison sentences in recent years, despite a troubling increase in violent crime, including ram raids and aggravated robberies.

“Communities and hardworking New Zealanders should not be made to live and work in fear of criminals who clearly have a flagrant disregard for the law, corrections officers and the general public.”

As of March 2024, figures show that 11.6 per cent of the prison population identifies as Pacific, while 52.4 per cent are Māori.

Justice Minister Paul Goldsmith says the sentencing reforms will combat an increase in ram raids. Photo/File

Disproportionate impact

Achmad says 17,000 children have a parent or family member in prison, which significantly impacts their mental health and wellbeing.

“Everything that we know from research and from talking with Pacific youth shows that fonofale model of wellbeing is so important, grounded in family relationships, in the aiga, and into those relationships being strong.”

While Achmad acknowledges the need for consequences and accountability for crimes and recognises that children have a right to be safe, she urges the Government to adopt an evidence-based approach.

“Research shows what works in reducing offending in our communities is to plough investment and attention into prevention, early intervention and rehabilitation.”

Prison population by ethnicity, March 2024. Image/Corrections NZ

Achmad believes current penalties and accountabilities are appropriate and encourages the Government to uphold children’s rights.

Labour, the Greens, and Te Pāti Māori voted against the bill, arguing that longer prison sentences will lead to more hardened criminals.

Labour deputy leader Carmel Sepuloni criticised the Government’s spending priorities, saying, “Do you choose to give $2.3 billion worth of tax breaks to landlords over funding the lunch and schools programme to feed our kids? This Government's priorities are clearly in the wrong place.”