"The reason New Zealanders have lost confidence in our judicial system is because criminals run the courts and prisoners run the prisons."

- Richard Lewis: Leader

New Zealand’s justice system is heavily burdened with escalating criminal cases requiring resolution. Government has a responsibility to ensure our judicial system delivers justice without undue delay, to hold offenders accountable and to deter future offending. Moreover, the public needs to have confidence in our justice system. This is presently not the case.

Our thinking on Justice: The Family Party believes:   

• Principles of Justice begin firstly in the home, hence our focus on building strong families
• Justice must not just be done, but be seen to be done
• Sentencing must accurately reflect the seriousness of the crime
• Protecting our communities is our first responsibility
• Restorative justice programmes have a place in New Zealand’s criminal justice framework but must be carefully balanced against protecting society and the 'will' to change

Alcohol: The Family Party will campaign to raise the legal drinking age back to 20 and aggressively address the issue of alcohol abuse, particularly amongst young people

Anti-smacking legislation: The Family Party will fix current legislation that makes responsible smacking a crime. To that end, the Party aims to reinstate Section 59 of the Crimes Act that affords decent, loving parents' protection from criminal liability in circumstances where corrective discipline is reasonable in the circumstances.

Bail laws: The Family Party will pursue stringent bail laws. Recidivist offenders and offenders involving crimes of violence, sexual impropriety and child abuse will be denied bail under any circumstances.

Court process: The Family Party favours endeavours to streamline the current jury-trial system to alleviate the backlog, particularly involving drug-related trials. In addition, the Family Party supports:

• Victims of sexual or violent crimes not being required to give oral evidence at Deposition Hearings

Electoral Finance Act: The Family Party calls for a total repeal of the Electoral Finance Act to restore confidence in New Zealand’s democratic election process.

Family Court: The Family Party favours transparent Family Court processes that fairly balance the rights of both parents. To that end, the Family Party will: 

• Restore parental rights as 'legal custodians' of their children as opposed to the current politically correct legal assertion of day-to-day caregivers (Care of Children Act)
• Place a greater emphasis towards 'shared parenting' (and equal access to both parents) as the goal where parental reconciliation is not achievable
• Ensure a father’s right to fair access to his children are fairly represented
• Empower the Family Court to order paternal testing to establish the identity of biological parents

Prostitution: The Family Party will seek a total repeal of the Prostitution Reform Act, which was passed in 2003 by a single vote and effectively decriminalised soliciting, pimping and brothel keeping in New Zealand [See Law & Order Policy]. In addition, the Family Party will:

• Investigate the merits of legislation that prosecutes the user, thus limiting the demand 

Privy Council right of appeal (Abolished 1 Jan 2004): Major constitutional change must require far greater public and political consensus than that which was obtained to abolish the right of appeal to the Privy Council. To that end, The Family Party will investigate the possibility and feasibility of reinstating the right of appeal to the Privy Council.

Prisons: The Family Party will:

• Implement a philosophy of disciplined hard work for all sentenced prisoners
• Target the supply, distribution and possession of drugs to and amongst New Zealand’s prison population
• Investigate the benefits of separating first time prisoners from hardened and repeat criminals, and gang members
• Support compulsory drug and alcohol rehabilitation for dependent inmates
• Support compulsory literacy and numeracy programmes for inmates to build self-esteem and improve integration back into society upon release
• Support greater support and resources towards proven Christian faith-based programmes
• Support restorative justice programmes where appropriate
• Support the privatisation of prisons

Sentencing: The Family Party is very concerned that sentencing measures do not reflect the seriousness of crimes committed. Sentencing and time served must accurately reflect the seriousness of the crime. To that end, the Family Party will:

• Call for harsher sentencing measures for sexual and violent crimes
• Time sentenced should be time served
• Oppose the concept of concurrent sentencing (serving sentences for multiple crimes simultaneously) 
• Preventative detention ordered in cases of repeat violent and sex offenders
• Increase minimum non-parole sentences for crimes of serious violence, sex and child abuse
   

Youth Court: Crimes involving children involve their family so the Family Party believes in a family-based approach to youth offending wherever possible. In addition, the Family Party will place greater responsibility and accountability on parents of youth offenders.