Criminal defences: Provocation

Further work on the partial defence of provocation following NZLC R73 Some Criminal Defences with Particular Reference to Battered Defendants has been undertaken. A final report was issued in September 2007 and submitted to the Government.

See also the Commission's earlier report The Partial Defence of Provocation (NZLC R98, 2001).

The Partial Defence of Provocation (NZLC R98, 2007)

The Law Commission first recommended the repeal of provocation in 2001, in Some Criminal Defences with Particular Reference to Battered Defendants. In 2004, we were asked by the government to consider some further issues. This Report, The Partial Defence of Provocation (NZLC R98, 2007) addresses those issues. We have again concluded that section 169 of the Crimes Act 1961 should be repealed, thereby abolishing the partial defence of provocation in New Zealand. We believe that it will be preferable for provocation to be dealt with by judges solely as a sentencing issue.

Recommendations were found in the Crimes (Provocation Repeal) Amendment Act 2009.

There was no requirement for the Government to present a formal response to Commission reports before April 2009.

See Official Government response process | Department of the Prime Minister and Cabinet (DPMC).