Supplementary Order Paper No 180

Schedule

In the Schedule, new part 4 of Schedule 1AA, replace clause 13 (page 9, lines 6 to 23) with:

13 Treatment of persons convicted and sentenced before enactment of Three Strikes Legislation Repeal Act 2021

(1)

This clause applies to a person who, before 1 July 2022, was convicted of and sentenced for a stage-2 or stage-3 offence.

(2)

If this clause applies,—

(a)

the person may apply to the court under section 180 of the Criminal Procedure Act 2011 to be re-sentenced, and that section applies, with any necessary modifications, as if the sentence that had been imposed was one that could not by law be imposed; and

(b)

in the case of a conflict between section 34 of the Legislation Act 2019 and—

(i)

section 6 of the Sentencing Act 2022, section 6 prevails; or

(ii)

section 25(g) of the New Zealand Bill of Rights Act 1990, section 25(g) prevails.