Work starts on look at Waihopai 3 defence law

The Ministry of Justice today started work on reviewing the law regarding the 'claim of right' defence which was used successfully by the three defendants in the Waihopai sabotage case, Justice Minister Simon Power said.


"I have instructed officials to review the relevant law so I can recommend to Cabinet whether an amendment to section 2 of the Crimes Act 1961 should be taken to Parliament.


"This work will look at international comparisons and at the common law.


"I'm aware that the 'claim of right' defence has a long common-law history which is connected to traditional arguments that people should intend for their actions to be illegal before the state will impose a criminal sanction.


"However, I believe that the current legislative scope of the 'claim of right' defence in the Crimes Act does raise some questions, including whether it should have a reasonableness element regarding either the defendant's understanding of the relevant law or the proportionality of the defendant's actions.


"This is complex and detailed law, and I'm expecting preliminary advice in two months."