Rationality and Dignity in Sentencing in Aotearoa New Zealand

An investigation of an evidence-based approach to sentencing, supporting judges to make decisions that are rational and thereby promote the dignity of those involved in the criminal justice system.

About the project

The Sentencing Act 2002 provides a framework for sentencing in Aotearoa New Zealand: it rests on familiar theoretical justifications for punishment, such as retribution and deterrence, rehabilitation and protecting the public. However, compared to other familiar jurisdictions, including Australia, the UK, Ireland and Canada, New Zealand is a heavy user of imprisonment, and in the period after the introduction of the 2002 Act, the use of custodial sentences increased significantly. This affected Māori in particular, who already comprised over 50% of the prison population.

A recent reduction in the prison population, particularly of sentenced prisoners, may reflect an acceptance of the policy position advocated by the Chief Science Advisor to Prime Minister Bill English, namely that dogma rather than data led to a belief that “prison works”. This project seeks to build on the evidence, and in particular (i) to compile the social science evidence and analyse how it fits in with the purposes, principles and aggravating and mitigating factors that judges are required to take into account by the Sentencing Act 2002, so as to help to ensure that courts are acting on evidence, and (ii) to carry out original research into the deterrence theory and how it applies to those subject to the criminal justice system of Aotearoa New Zealand.

Grant amount

$141,000 over two years: January 2023 to December 2024

About the Researchers

The lead researchers for this project are Professor Kris Gledhill of AUT Law School, Associate Professor James Oleson of the School of Social Sciences of the University of Auckland, and Dr Armon Tamatea (Rongowhakāta, Te Aitanga-A-Māhaki) of Te Kura Whatu Oho Mauri (School of Psychology) of the University of Waikato.