Hon Simon Power
Minister of Justice

27 November 2009
Media Statement

Partial defence of provocation abolished

The partial defence of provocation is to be abolished after the Crimes (Provocation Repeal) Amendment bill was passed last nigth.

"The bill represents another step towards making the justice system fairer and less traumatic for victims of crime and their families," Justice Minister Simon Power said.

"Limiting any defence argument about provocation to the sentencing stage will greatly reduce distress for the victim's family and friends.

"Let's be clear – this is a significant change to the criminal law, but it's one that has been mooted for some time.

"The historical rationale for the defence – to allow a person to avoid the mandatory sentence for murder – no longer exists. The Sentencing Act gives judges the ability to depart from the presumption of life imprisonment where it would be manifestly unjust.

"The Government is working hard to send the message that people must find ways other than violence to manage their anger.

"A defence that effectively rewards a homicidal loss of self-control cannot remain on our statute books."

The Crimes (Provocation Repeal) Amendment Bill:

• Repeals sections 169 and 170 of the Crimes Act 1961 (the partial defence of provocation)
• Provides that the partial defence of provocation, in so far as it has any effect as a rule or principle of common law in New Zealand, is repealed.

ENDS

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