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Criminal penalties in New Zealand
Checked in October 2026 against the Crimes Act 1961 (latest version as at 23 September 2026); Sentencing Act 2002; Land Transport Act 1998 — New Zealand Legislation website.
These are statutory ranges for a first offence, from the least to the most the law allows. A court decides the actual sentence in each case. We read the code in its original language and give the offences in plain English, with the legal term where it helps. For anything that matters, rely on the code itself. Not legal advice.
How New Zealand sets penalties
- New Zealand has a Crimes Act that sets a maximum penalty for each offence ('liable to imprisonment for a term not exceeding 14 years'). The court may impose any shorter term, or a different sentence, unless the Act requires imprisonment.
- Murder is the one offence with a presumption of life imprisonment: a court must sentence a convicted murderer to life unless that would be manifestly unjust, and must give written reasons if it does not (Sentencing Act 2002, s. 102). If a life sentence is imposed, the court must set a minimum period to be served of at least 10 years (s. 103(2)), or, in the most serious cases, order that there is no parole (s. 103(2A)).
- Manslaughter carries a maximum of life, with no minimum. Sexual violation carries a maximum of 20 years and a presumption that the offender be sentenced to imprisonment (s. 128B(2)).
- New Zealand has no degrees of murder and no separate offence called aggravated assault. This table maps its offences of wounding, injuring and aggravated assault to the closest equivalents.
- This table shows first-offence ranges. Repeat offending and the sentencing guidance of the courts were not read.
Death penalty: No. The most serious punishment in the Crimes Act is imprisonment for life, set for murder (s. 172) and manslaughter (s. 177). Under the Sentencing Act 2002, s. 103, a court may order that a life sentence be served without parole in the most serious cases.
Read the New Zealand legal-system profile in the Legal Families Atlas →
First-degree murder
Imprisonment for life, with a minimum period of at least 10 years
Murder (Offence)
- Least
- A minimum period of 10 years (unless a life sentence would be manifestly unjust)
- Most
- Imprisonment for life
The text of s. 103(2A) was read only in part: it lets a court that finds no minimum term sufficient order the life sentence to be served without parole.
Crimes Act 1961, s. 172; Sentencing Act 2002, ss. 102 and 103
New Zealand has a single offence of murder. The Crimes Act says a person who commits murder is liable to imprisonment for life (s. 172), and the Sentencing Act presumes life unless it would be manifestly unjust (s. 102). The minimum period before parole eligibility must be at least 10 years (s. 103(2)), and a court that is satisfied no minimum period would be sufficient may order that the sentence be served without parole (s. 103(2A)).
Voluntary manslaughter
Up to imprisonment for life
Manslaughter (Offence)
- Least
- No minimum term set by the statute
- Most
- Imprisonment for life
Robbery
Up to 10 years (robbery); up to 14 years (aggravated robbery)
Robbery: theft accompanied by violence or threats of violence, to extort the property or overcome resistance (Offence)
- Least
- No minimum term set by the statute
- Most
- 10 years
Aggravated robbery: causing grievous bodily harm, robbing together with others, or being armed (Offence)
- Least
- No minimum term set by the statute
- Most
- 14 years
Burglary
Up to 10 years
Burglary: entering a building or ship without authority with intent to commit an imprisonable offence, or remaining in it after entering with that intent (Offence)
- Least
- No minimum term set by the statute
- Most
- 10 years
Arson
Up to 14 years
Arson (Offence)
- Least
- No minimum term set by the statute
- Most
- 14 years
Arson includes intentionally or recklessly damaging property by fire or explosion where danger to life is likely to ensue, and damaging another's immovable property, vehicle, ship or aircraft without claim of right. Attempted arson is punished with up to 10 years (s. 268).
Aggravated assault
Up to 3 years (aggravated assault) up to 14 years (wounding with intent)
Aggravated assault (Offence)
- Least
- No minimum term set by the statute
- Most
- 3 years
Injuring with intent to injure, or with reckless disregard for the safety of others (Offence)
- Least
- No minimum term set by the statute
- Most
- 5 years
Wounding, maiming, disfiguring or causing grievous bodily harm with intent to injure, or with reckless disregard for the safety of others (Offence)
- Least
- No minimum term set by the statute
- Most
- 7 years
Injuring with intent to cause grievous bodily harm (Offence)
- Least
- No minimum term set by the statute
- Most
- 10 years
Wounding, maiming, disfiguring or causing grievous bodily harm with intent to cause grievous bodily harm (Offence)
- Least
- No minimum term set by the statute
- Most
- 14 years
Aggravated wounding or injury: with intent to commit or facilitate another imprisonable offence, or to avoid detection (Offence)
- Least
- No minimum term set by the statute
- Most
- 14 years
New Zealand's nearest offences are aggravated assault (s. 192, assault with an intent such as committing another imprisonable offence), injuring with intent (s. 189), wounding with intent (s. 188) and aggravated wounding or injury (s. 191).
Rape and sexual assault
Up to 20 years (sexual violation)
Sexual violation (Offence)
- Least
- No minimum term set by the statute
- Most
- 20 years
There is a presumption of imprisonment (s. 128B(2)).
Sexual violation is rape or unlawful sexual connection. A person convicted must be sentenced to imprisonment unless the court thinks, having regard to the particular circumstances of the person convicted and the offence, that they should not be (s. 128B(2) and (3)).
Kidnapping
Up to 14 years
Kidnapping: unlawfully taking away or detaining a person without consent, or with consent obtained by fraud or duress, with a listed intent such as holding for ransom (Offence)
- Least
- No minimum term set by the statute
- Most
- 14 years
Embezzlement
Up to 1 year (theft of $2,000 or less) up to 7 years (theft over $2,000; criminal breach of trust)
Theft of property of $2,000 or less (Offence)
- Least
- No minimum term set by the statute
- Most
- 1 year
Theft of property of more than $2,000, or theft by a person in a special relationship (Offence)
- Least
- No minimum term set by the statute
- Most
- 7 years
Criminal breach of trust by a trustee (Offence)
- Least
- No minimum term set by the statute
- Most
- 7 years
New Zealand has no offence called embezzlement. Dishonest appropriation by a person in a special relationship is theft (s. 220, 7 years). Criminal breach of trust applies to trustees who dishonestly convert trust property (s. 229). Ordinary theft is graded by value (s. 223).
Forgery
Up to 3 years (making a false document knowing it to be false) up to 10 years (to obtain property or an advantage)
Making a false document knowing it to be false, intending it to be used or acted upon as genuine (Offence)
- Least
- No minimum term set by the statute
- Most
- 3 years
Making a false document intending to use it to obtain property, privilege, service, pecuniary advantage, benefit or valuable consideration (Offence)
- Least
- No minimum term set by the statute
- Most
- 10 years
Drunk driving, first offence
Up to 3 months or a fine of up to $4,500, and disqualification for at least 6 months
Driving while over the specified breath or blood alcohol limit (Offence)
- Least
- A disqualification of at least 6 months
- Most
- 3 months
- Fine
- Up to $4,500
The offence is driving or attempting to drive a motor vehicle on a road with a breath alcohol of more than 400 micrograms per litre of breath (or over a blood limit). A lower range (250 to 400 micrograms) is an infringement offence, dealt with by a fee. The penalty shown is for a first or second offence. A court must disqualify the offender from holding or obtaining a driver licence for 6 months or more.
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