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Crimes (Provocation Repeal) Amendment Bill (Consistent) (Sections 25(g), 26) [2009] NZBORARp 48 (31 July 2009)

Last Updated: 28 April 2020

Crimes (Provocation Repeal) Amendment Bill

31 July 2009

Attorney-General

CONSISTENCY WITH THE NEW ZEALAND BILL OF RIGHTS ACT 1990: Crimes (Provocation Repeal) Amendment Bill (PCO8138/7.0)

Our Ref: ATT395/112

1. I have reviewed the Crimes (Provocation Repeal) Amendment Bill (PCO8138/7.0) for consistency with the New Zealand Bill of Rights Act 1990. I note that the time for this review has been limited, the first draft of the Bill having been received on 29 July, and the final text only this morning.

2. The Bill repeals ss169 and 170 of the Crimes Act 1961, thereby removing the partial defence

of provocation for murder.

3. The Bill does not raise any apparent inconsistency with the Bill of Rights Act. The repeal of the provocation defence to murder is a substantive change to the criminal law, but does not by itself contravene any of the protections in the Bill of Rights Act.

4. In particular, the Bill does not purport to apply to offences committed prior to its commencement. The Bill will therefore be interpreted in accordance with common law principles and with s 25(g) and s 26 of the Bill of Rights Act, and will not be given retroactive application. It follows that no issue of inconsistency arises in that regard.

5. In accordance with Crown Law practice, this advice has been peer reviewed by Ben Keith, Crown Counsel.

Yours faithfully

Victoria Casey

Crown Counsel

In addition to the general disclaimer for all documents on this website, please note the following: This advice was prepared to assist the Attorney-General to determine whether a report should be made to Parliament under s 7 of the New Zealand Bill of Rights Act 1990 in relation to the Crimes (Provocation Repeal) Amendment Bill. It should not be used or acted upon for any other purpose. The advice does no more than assess whether the Bill complies with the minimum guarantees contained in the New Zealand Bill of Rights Act. The release

of this advice should not be taken to indicate that the Attorney-General agrees with all

aspects of it, nor does its release constitute a general waiver of legal professional privilege in respect of this or any other matter. Whilst care has been taken to ensure that this document is an accurate reproduction of the advice provided to the Attorney-General, neither the Ministry of Justice nor the Crown Law Office accepts any liability for any errors or omissions.