The Crimes Bill (Press, 27 September 1960)

The New Zealand Government is facing criticism for potentially not advancing the Crimes Bill during the current session of Parliament, which has been in deliberation for several years. Legal experts and Parliamentary committees have scrutinised the bill, highlighting the need to rectify outdated legal anomalies. The basis of the current criminal law originates from Sir James Stephen’s code from 1879-80, with the last major update occurring in 1908. The National Party Government initiated a consolidation effort in 1957, which involved input from various legal authorities, including a committee with members from the Justice Department and notable legal professionals. However, upon the Labour Government's ascent to power, revisions were made, particularly after an investigation by Sir George Finlay, who consulted numerous legal professionals and stakeholders. Despite the rework, the bill drew criticism for its handling of perversion and other contentious clauses, which the Minister of Justice, Mr Mason, agreed to amend. By July 19, 1960, the Statutes Revision Committee had reported back on the revised bill, and during the current parliamentary session, the Government expressed intentions to advance it. Nevertheless, reluctance to engage in discussions surrounding certain clauses—particularly those related to homosexuality—has been noted, with the Prime Minister indicating a preference against public debate on the matter, citing the potential audience including children as a concern. The article argues that the New Zealand Parliament should be equipped to handle discussions on such topics, similar to the extensive dialogues seen in the British Parliament regarding homosexuality. The hesitation to openly debate potentially controversial subjects, especially near an election, is viewed as an inadequate justification for delaying vital legislative reform. Failure to proceed with the Crimes Bill would mean New Zealand is likely to endure another year with an outdated criminal code, which does not adequately differentiate between crimes such as infanticide and murder. The proposed Labour Government’s Crimes Bill aims to introduce more modern provisions, such as an infanticide clause aligned with the UK's Infanticide Act of 1938. The delay would further perpetuate existing legal inconsistencies, as other legislative measures that depend on the passing of the Crimes Bill have already been enacted, resulting in varied penalties for crimes. There is hope that the Government will reconsider, at least by introducing a shorter bill to address the pressing issues, like the definition and penalties surrounding infanticide.

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