Crime in New Zealand encompasses criminal law, crime statistics, the nature and characteristics of crime, sentencing, punishment, and public perceptions of crime. New Zealand criminal law has its origins in English criminal law, which was codified into statute by the New Zealand parliament in 1893. Although New Zealand remains a common law jurisdiction, all criminal offences and their penalties are codified in New Zealand statutes.
Criminal justice system
Criminal Law
Criminal law in New Zealand is based on English criminal law that the New Zealand parliament initially codified in statute in 1893. Although New Zealand remains a common law jurisdiction, all criminal offences and their penalties are codified in New Zealand statutes.
Most criminal offences that would result in imprisonment in New Zealand are set out in the Crimes Act 1961 and its amendments. Criminal offences related to specific situations also appear in other legislation, such as the Misuse of Drugs Act 1975 for drug offences and the Land Transport Act 1998 for traffic offences. Less serious breaches of the law are dealt with under legislation such as the Summary Offences Act 1981, where penalties are more often a fine or other community sanctions rather than imprisonment.
The age of criminal responsibility in New Zealand is 10 years; however, children aged 10 and 11 can only be convicted of murder and manslaughter, while children aged 12 and 13 can only be convicted of a crime with a maximum sentence of 14 years or more imprisonment.
Enforcement
The primary enforcement agency is the New Zealand Police, however more specialised crimes are enforced by other agencies such as the Serious Fraud Office, Ministry for Primary Industries, Immigration New Zealand and the New Zealand Customs Service among others. Local councils and other individuals appointed by the Police Commissioner also have the power to enforce laws and bylaws. The enforcement agency may charge an individual accused of breaking the law by filing a charging document with the registry of a district court.
Adult Diversion Scheme
First offenders charged with minor crimes and accepting full responsibility of their actions are considered for the New Zealand Police Adult Diversion Scheme. Given offenders agree to the conditions of diversion (which usually involves a written agreement tailored to change the offending behaviour), the offender may have the charge withdrawn.
Family Group Conferences
Family Group Conferences (FGC) are a type of statutory forum for youth offenders in which a child or young person, the victim of an alleged offence, family, whānau, hapū, iwi and supporters, and state and community representatives meet to decide how to best respond to the offending behaviour. FGCs may be invoked in a variety of scenarios including when the police has the intention to charge a child or a young person, when a child or young person is appearing before a court and does not deny the charge, following a prosecution in which the child is found guilty and in other specialised cases.
Arraignment and trial
Following the filing of charges, an arraignment will be held in the District Court. The severity of the offence and the age of the accused will determine the trial court, whether the trial is by jury or by a judge alone. Children and adolescents aged 17 and under are usually tried by the youth justice sector, but serious cases may be transferred to the adult justice sector.
The severity of an offence is define by the Criminal Procedures Act 2011 as described below:
A category 1 offence is an offence punishable by a fine, such as leaving a child without reasonable supervision or care. Trials are heard in the District Court before a judge alone. A category 2 offence is an offence punishable by a community sentence or imprisonment of less than two years, such as vandalism and common assault. Trials are heard in the District Court before a judge alone. A category 3 offence is an offence punishable by imprisonment of two years or more that is not a Category 4 offence, such as theft and indecent assault. Cases are usually heard in the District Court, and defendants may opt for a jury trial or a judge-alone trial. Serious offences (e.g. kidnapping, sexual violation of a child) may be transferred to the High Court at the request of the prosecution or defendant. A category 4 offence is an offence listed in Schedule 1 of the Act, including murder, manslaughter, treason, terrorism, aircraft hijacking, and nuclear weapon offences. Cases are heard in the High Court before a judge and jury (although a judge-only trial can be ordered in exceptional circumstances).