Life imprisonment in New Zealand

Life imprisonment has been the most severe criminal sentence in New Zealand since the death penalty was abolished in 1989. Life imprisonment is mandatory for treason and the presumptive sentence for murder. It may be imposed for terrorism,manslaughter and Class A drug dealing. Offenders sentenced to life imprisonment must serve a minimum of 10 years imprisonment before they are eligible for parole, although the sentencing judge may set a longer minimum period or no minimum period at all (i.e. life without parole). Released offenders remain on parole for the rest of their life.

Only six life sentences since 1980 have been for crimes other than murder - one for manslaughter in 1996, and five for drug offences in 1985, 1996, 2008 (two) and 2009. In contrast, there have been 813 life sentences for murder during the same period.

Life imprisonment for murder in New Zealand is mandatory unless in the circumstances of the offence such a sentence would be "manifestly unjust". Circumstances where life imprisonment might be deemed manifestly unjust include mercy killings, failed suicide pacts, and "battered defendants" who were subjected to "prolonged and severe abuse".

In serious cases with certain aggravating factors, sentencing judges must impose a minimum of 17 years imprisonment unless it would be manifestly unjust to do so; this includes those involving a high level of violence, premeditated murder, contract killing, multiple/serial murder, the murder of a police officer or public official, and home invasion.

Since the Sentencing and Parole Reform Act 2010 came into force, judges in extreme cases may set no minimum period, which means that the offender will spend the remainder of their life in prison without parole. Judges must also sentence offenders to life imprisonment without possibility of parole if they have a previous conviction for a serious violent offence, unless it would be manifestly unjust to do so.

If the offender was aged under 18 at the time of the crime, they must have a minimum period of imprisonment set; they cannot be sentenced to serve life imprisonment without parole. The youngest people sentenced to life imprisonment in New Zealand were aged 13 years at the time of the offence.

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