Succession (Homicide) Act 2007

1: Title
This Act is the Succession (Homicide) Act 2007.
2: Commencement
This Act comes into force on the day that is 1 month after the date on which this Act receives the Royal assent.
1: Preliminary provisions
3: Purpose
The purpose of this Act is to codify the law that prevents a person (the killer victim
a: the victim's estate; or
b: any other property arrangement.
4: Interpretation
1: In this Act, unless the context otherwise requires,— assisted suicide
a: means the killing of a person by another person directly or indirectly if, immediately before death, the deceased asked the other person to help them to commit suicide; but
b: does not include a killing where the deceased formed the wish to commit suicide, or resolved to commit suicide, or acted on that wish or resolve, as a consequence of any form of persuasion by the other person homicide
a: a killing caused by negligent act or omission; or
b: infanticide under section 178
c: a killing of a person by another in pursuance of a suicide pact; or
d: an assisted suicide killer non-probate assets
a: a nomination as defined in section 68A
b: gifts that the victim made in contemplation of death:
c: trusts settled by the victim that were revocable by the victim in his or her lifetime:
d: beneficial powers of appointment that were exercisable by the victim in his or her lifetime:
e: joint tenancies held by the victim and any other person person property suicide pact section 180(3) victim will
2: For the purposes of this Act, an unborn child becomes a person in the circumstances described in section 159
5: Effect and application
1: This Act replaces the rules of law, equity, and public policy that prevent a killer from receiving, becoming entitled to, or claiming interests in property as a result of the death of the killer's victim.
2: This Act applies to interests in and claims against property resulting from the death of a victim after the commencement of this Act, but does not affect—
a: any interest in or claim against property that is the subject of a proceeding commenced before the commencement of this Act, whether or not judgment has been delivered in that proceeding or an appeal against judgment was commenced before that time; or
b: any interest in property a person (other than a killer) acquired for value; or
c: the entitlement of any person under a contract.
3: Subsection (2) overrides subsection (1).
6: Act binds the Crown
This Act binds the Crown.
2: Effect of homicide on rights of succession
Disentitlements of killers to property
7: Disentitlement of killers under will or intestacy
1: A killer is not entitled to any interest in property arising under a will of the killer's victim.
2: A killer is not entitled to any interest in property arising on the intestacy, or partial intestacy, of the killer's victim.
3: Subject to any express testamentary direction to the contrary, any interest in property that a killer is not entitled to under subsection (1) or subsection (2) is to pass or be distributed as if the killer had died before the killer's victim.
4: Subsections (1) and (3) are subject to section 10(3) to (5)
8: Disentitlement of killer to victim's non-probate assets
1: A killer is not entitled to any property interest in any non-probate assets of the killer's victim which, but for this subsection, would have passed to the killer on the death of the victim.
2: Any property interest that a killer is not entitled to under subsection (1) is to pass or be distributed as if the killer had died before the victim.
3: Despite subsection (2), property that is owned in joint tenancy by the victim, the victim's killer, and any other person (if any) devolves at the death of the victim as if the property were owned by each of them as tenants in common in equal shares.
9: Disentitlement to apply under Family Protection Act 1955
A killer is not entitled to apply under the Family Protection Act 1955
10: Restriction of killer's claims as to matrimonial property, testamentary promises, and restitution
1: A killer who has a valid claim against the estate of a victim of the killer under the Matrimonial Property Act 1963 or the Property (Relationships) Act 1976
2: The benefit referred to in subsection (1) must be calculated to ensure that—
a: the killer is not deprived of the benefit to which the killer is entitled for the services or other economic benefits he or she provided to the killer's victim; but
b: the killer's benefit is not made more certain or more valuable as a result of the death of the killer's victim.
3: A killer who is not entitled under section 7
a: may make an application under the Law Reform (Testamentary Promises) Act 1949
b: must be treated for the purposes of that application as if the victim had failed to make testamentary provision for the killer.
4: A killer who has a valid claim against the estate of a victim of the killer under the Law Reform (Testamentary Promises) Act 1949
5: The benefit referred to in subsection (4) must be calculated to ensure that the killer's benefit is no more certain or more valuable than the killer would have been entitled to if the victim of the killer had continued to live for the period reasonably expected before the victim was killed.
11: Disentitlement of killer to enhanced benefits generally
1: This section applies only in respect of property of a victim that is not—
a: within the victim's estate; or
b: a non-probate asset of the victim.
2: A killer whose interest in or claim against property to which this section applies is affected by the death of the killer's victim is not entitled to any more certain or more valuable interest in the property as a result of the death of the victim than the killer would otherwise have been entitled to.
3: Without limiting subsection (2), a killer is not entitled to benefit in respect of any property to which this section applies as a result of the death of the killer's victim if—
a: the killing prevented the birth of the victim; or
b: the killing altered the order in which it could reasonably have been expected that the killer and the victim would have died; or
c: the killing prevented the victim from reaching any particular age or satisfying any other condition; or
d: the killing reduced or closed the membership of a class of beneficiaries that included the victim; or
e: the killing shortened the period during which the victim could reasonably have been expected to possess an interest in property in which the killer has an interest in remainder.
12: Applications by victim's estate under section 88(2) of Property (Relationships) Act 1976
When applying section 88(2)
13: Caveat against dealing with land
1: If an interested person claims that an owner of an undivided estate or interest in land as a joint tenant with a victim is the killer of that victim, the interested person may lodge a caveat in accordance with section 138
2: For as long as a caveat under this section remains in force, the Registrar-General of Land must not register a transmission on survivorship to the alleged killer, or the alleged killer and any other joint tenant, of any estate or interest affected by the caveat.
3: The provisions of the Land Transfer Act 2017 section 140(1)
4: Sections 140(2) and (3) 141 Section 13(1) amended 12 November 2018 section 250 Land Transfer Act 2017 Section 13(3) amended 12 November 2018 section 250 Land Transfer Act 2017 Section 13(4) amended 12 November 2018 section 250 Land Transfer Act 2017
14: Evidential effect of conviction in New Zealand
1: The conviction in New Zealand of a person for the homicide of another person or a child that has not become a person is conclusive evidence for the purposes of this Act that the person is guilty of that homicide, unless that conviction has been quashed.
2: A certificate issued under section 146A
3: Subsection (2) is subject to subsection (1).
15: Evidential effect of acquittal in New Zealand
The acquittal in New Zealand of a person on the grounds of that person's insanity in respect of the homicide of another person or a child that has not become a person is conclusive evidence for the purposes of this Act that the person is not guilty of that homicide.
16: Evidence if no criminal prosecution or unsuccessful prosecution in New Zealand
1: This section applies if,—
a: in any proceedings in which the application of this Act is in issue, any party alleges that another person is guilty of the homicide of a person or a child that has not become a person; and
b: the person who is alleged to be guilty of the homicide of another person or child that has not become a person has—
i: not been prosecuted in New Zealand in respect of that homicide, whether or not the person has been prosecuted, convicted, or acquitted elsewhere; or
ii: been prosecuted in New Zealand in respect of that homicide but has been acquitted other than on the grounds of insanity or the prosecution has been stayed or withdrawn, whether or not the person has been prosecuted, convicted, or acquitted elsewhere.
2: If this section applies,—
a: the court hearing the proceedings may decide for the purposes of this Act whether the killing of a person or a child that has not become a person has taken place and, if so, whether, if the alleged killer had been prosecuted in New Zealand, he or she—
i: would be guilty of the homicide of that person or child that has not become a person; or
ii: would by reason of insanity not be guilty of the homicide of that person or child that has not become a person:
b: a person who alleges that another person is guilty of homicide for the purposes of this Act must satisfy the court of that fact on the balance of probabilities:
c: a person who alleges that he or she is not guilty of the homicide for the purposes of this Act by reason of insanity must satisfy the court of that fact on the balance of probabilities:
d: the conviction elsewhere than in New Zealand of a person in respect of homicide is, for the purposes of this Act, admissible evidence as to whether the person is guilty or not guilty of the homicide and is to be given any weight that the court determines. Amendments to other enactments
17: Amendments to other enactments
The enactments specified in the Schedule 2007-11-17 Administration Act 1969 Law Reform (Testamentary Promises) Act 1949 Proceeds of Crime Act 1991 Property (Relationships) Act 1976 Sentencing Act 2002