By The New Zealand Law Commission

Significant reform is necessary of the laws protecting the community from reoffending risks posed by some people convicted of serious crimes. This paper presents proposals for the reform of the law governing preventive detention, extended supervision orders and public protection orders.

The proposals respond to the issues identified with the current law and take account of the views submitted during consultation.

Key proposals

• The current preventive measures (preventive detention, ESOs and PPOs) should be repealed and replaced with one new Act.

• The new Act should provide for a cohesive system of new preventive measures to replace existing measures — community preventive supervision, residential preventive supervision, and secure preventive detention — detailed proposals for how these should be administered are made.

• Measures should be imposed at the end of a person’s determinate prison sentence rather than at sentencing.

• The same legislative tests, review processes and qualifying offences should apply to all three new preventive measures.

• There should be a much stronger focus on the rehabilitation and reintegration of people subject to preventive measures.

• The new Act should promote ways in which a Māori group or a member of a Māori group may supervise and care for people subject to preventive measures.

Wellington: New Zealand Law Commission, 2024