The Law Commission started working on this in 2004 and reported in 2007 but nothing seems to have happened since. It should be an easy draft because we have the LC's recommendation:
The partial defence of provocation should be abolished in New Zealand by repealing section 169 of the Crimes Act 1961; the defendants who would otherwise have relied upon that partial defence should be convicted of murder; and evidence of alleged provocation in the circumstances of their particular case should be weighed with other aggravating and mitigating factors as part of the sentencing exercise.
The only problems are
- It should be a government bill (grr)
- It would need a less contentious title: "Repeal of the partial defence of provocation"?
Law Comission report: The Partial Defence Of Provocation
Crimes (Repeal of Partial Defence of Provocation) Amendment Bill
Current status: Bill in the ballot
I've linked to the LawCom report and copied in their bill (retitled; they called it the "Crimes (Abolition of Defence of Provocation) Amendment Bill").
It should indeed be a government bill. But one way of achieving that would be to have someone throw it in the ballot in order to embarass them. It worked for sedition…
I've written to the Minister to see if there is already something in train and/or whether it can be progressed as a government bill.
And I've chucked it at Grant Robertson to see whether he wants to take it as a member's bill (or knows anyone else who would).
Last week I got an acknowledge from the Minister's Office.
Today I got a letter from the Minister's Private Secretary saying that officials are looking into it.
Meanwhile, Labour's Rainbow caucus is committed to putting a bill before the House, but has a couple of hoops to jump through first (meaning getting it cleared with everyone else, most likely).
If the government acts first, great. Otherwise, the opposition will shame them into doing it.
The response from the Minister:
So, have they lost the file, or are they trying to find it?
;)
Lianne Dalziel is taking it.
Not only New Zealand needs this law amending, Spain does too: http://joemygod.blogspot.com/2009/03/spain-gay-panic-defense-wins-acquittal.html