The purpose of this Act is to codify the law that prevents a person (the killer) who kills another person (the victim) by committing homicide from benefiting as a result of the victim’s death from—

In this Act, unless the context otherwise requires,—

For the purposes of this Act, an unborn child becomes a person in the circumstances described in section 159 of the Crimes Act 1961.

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.

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—

Subsection (2) overrides subsection (1).

This Act binds the Crown.

A killer is not entitled to any interest in property arising under a will of the killer’s victim.

A killer is not entitled to any interest in property arising on the intestacy, or partial intestacy, of the killer’s victim.

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.

Subsections (1) and (3) are subject to section 10(3) to (5).

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.

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.

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.

A killer is not entitled to apply under the Family Protection Act 1955 for provision out of the estate of the killer’s victim.

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 or a valid claim for restitution for economic benefits conferred on the killer’s victim is entitled in respect of that claim only to a benefit calculated in accordance with subsection (2).

The benefit referred to in subsection (1) must be calculated to ensure that—

A killer who is not entitled under section 7 to any interest in property arising under a will of the killer’s victim—

A killer who has a valid claim against the estate of a victim of the killer under the Law Reform (Testamentary Promises) Act 1949 is entitled in respect of that claim only to a benefit calculated in accordance with subsection (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.

This section applies only in respect of property of a victim that is not—

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.

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—

When applying section 88(2) of the Property (Relationships) Act 1976, the court must treat the refusal of leave under that provision as causing a serious injustice if the refusal of leave would allow the killer to retain a more certain or more valuable interest in the property.

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 of the Land Transfer Act 2017 in respect of that estate or interest.

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.

The provisions of the Land Transfer Act 2017, other than section 140(1), apply to a caveat lodged under this section.

Sections 140(2) and (3) and 141 of the Land Transfer Act 2017 apply, with any necessary modifications, in respect of a caveat lodged under this section.

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.

A certificate issued under section 146A of the Sentencing Act 2002 is conclusive evidence that a person convicted of an offence of unlawfully killing another person or a child that has not become a person is for the purposes of this Act guilty of the homicide of that other person or child that has not become a person.

Subsection (2) is subject to subsection (1).

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.

This section applies if,—

If this section applies,—

The enactments specified in the Schedule are amended in the manner set out in the Schedule.