In a judgment released on April 8, 2026, the New Zealand Supreme Court formally urged the Court of Appeal to revisit the sentencing guidelines for cannabis offending.
This call stems from the court’s view that the current framework, established over two decades ago in the landmark case R v Terewi [2003], may no longer be appropriate given changing social attitudes and legislative developments.
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Key Reasons for Reconsideration
The Supreme Court has indicated that several factors now necessitate a formal review of the Terewi guidelines:
- Outdated Sentencing Levels: In recent cases, including 2026 NZSC 24, appellants have argued that the penalties originally formulated in Terewi are “out of date”.
- Changing Social Attitudes: The court acknowledged that social perceptions of cannabis have evolved significantly since the early 2000s.
- Legislative Context: The passage of the Sentencing Act 2002 and subsequent legal shifts—such as the Zhang v R [2019] judgment for methamphetamine—have moved the focus toward more individualized sentencing based on an offender’s role and personal circumstances.
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Existing Guideline Structure (Terewi Bands)
The guidelines currently under scrutiny categorize offending into three primary bands based on the scale and commercial nature of the operation
Source – Google AI
