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Abstract: New Zealand codified its homicide law in 1893; revised codes have been issued in 1908 and 1961, the current version being in the Crimes Act 1961 (NZ), though it has been amended on several occasions: relatively recent changes have included removing the year and a day rule, providing that life imprisonment for murder can be avoided where it would be manifestly unjust, and abolishing the provision allowing provocation/loss of control to reduce murder to manslaughter. The codification provides a process for determining whether there is a homicide, whether the homicide is culpable or not, and if culpable whether it amounts to murder, manslaughter or infanticide. Reference is also made to defences, the singular partial defence for murder (a suicide pact killing), insanity and party liability. The article sets out and discusses the statutory framework, including the reasons given for major developments; and gaps in the framework, some of which have been filled by judicial interpretation. The aim is to identify any lessons that might be learned to assist the potential reform currently being considered for England and Wales. The lessons cover two areas: the substantive law, but also the fact of having a codified law.
Keywords: homicide; homicide structure; New Zealand criminal law code
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