Status: Completed
Project overview
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.
Status: Completed
Terms of reference
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.
Status: Completed
Preliminary Paper
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)
Status: Completed
Report
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).
Status: Completed
Government response
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).