Criminal defenses: Battered defendants

The purpose of this project was to examine how the existing New Zealand law applies to those who commit criminal acts in circumstances where they are victims of domestic violence, in particular, the defences of self-defence, provocation, duress and necessity.

The terms of reference, approved by the Minister of Justice, are to: 

• examine how the existing New Zealand law applies to those who commit criminal acts in circumstances where they are victims of domestic violence,  in particular, the defences of self-defence, provocation, duress and  necessity; 
• consider developments and proposals in other jurisdictions, in particular, the defences of self-preservation, diminished responsibility and judicial discretion in sentencing for murder; 
• make proposals for reform, if appropriate. 

Battered Defendants: Victims of Domestic Violence Who Offend (NZLC PP41, 2000)

The Commission's Preliminary Paper, Battered Defendants: Victims of Domestic Violence Who Offend (NZLC PP41, 2000)

Some Criminal Defences with Particular Reference to Battered Defendants (NZLC R73, 2001)

The Commission's Report, Some Criminal Defences with Particular Reference to Battered Defendants (NZLC R73, 2001).

For similar issues, see also The Partial Defence of Provocation (NZLC R98, 2007) and the Crimes (Provocation Repeal) 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).