Murders Abroad Act 1817

The Murders Abroad Act 1817 (57 Geo 3, c 53) was an Act of the Parliament of the United Kingdom of Great Britain and Ireland. It made it easier for a court to punish "murders or manslaughters committed in places not within His Majesty's dominions",[1] and it received royal assent on 27 June 1817.[2] The act specifically mentioned the Bay of Honduras, New Zealand, and Otaheite (an old name for Tahiti).[1]

Legislation

The original (full) title was: "An Act for the more effectual Punishment of Murders and Manslaughters committed in Places not within His Majesty's Dominions." This was shortened to "The Murders Abroad Act, 1817" by the Short Titles Act 1896.[3] The legislation was passed by Parliament in 1817, and reads in part as such:[1]

All murders and manslaughters committed or that shall be committed on land ... in the islands of New Zealand and Otaheite or within any other islands, countries or places not within his Majesty's dominions, nor subject to any European state or power, nor within the territory of the United States of America, by the master or crew of any British ship or vessel ... or by any person sailing therein or belonging thereto, or that shall have sailed in or belonged to and have quitted any British ship or vessel to live in any of the said islands countries or places ... may be tried, adjudged and punished ... in the same manner as if such offence or offences had been committed on the high seas.

— Murders Abroad Act 1817, [1]

The legislation is notable as it contains the first mention of New Zealand in a British statute.[4] It also clarified that New Zealand was not a British colony,[5] despite Captain James Cook having claimed the country on behalf of King George III.[4] The act thus gave Lachlan Macquarie, the Governor of New South Wales, an increased legal authority over New Zealand[5] and offences could be tried in an admiralty court just as if they had been committed at sea.[6]

The jurisdiction of both the Supreme Court of New South Wales and the Supreme Court of Tasmania over New Zealand was initiated in the New South Wales Act 1823 (4 Geo 4, c 96), and lesser offences were included at that time.[4][6] The Australian Courts Act 1828 (9 Geo 4, c 83) repeated the 1823 wording, but added that the punishment of the offence was to be the same as if the crime had been committed in England.[4][7]

Repeal

Sections 2 and 3 of the act were repealed by the Statute Law Revision Act 1873.[3] The preamble was repealed by the Statute Law Revision (No. 2) Act 1890.[3]

The Murders Abroad Act 1817 ceased to have any effect in New Zealand after the Crimes Act 1961 commenced on 1 January 1962 after having been passed by the New Zealand Parliament the previous year.[8]

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References
  1. "Murders Abroad Act, 1817". Office of the Attorney General. Retrieved 24 June 2017.
  2. "No. 17263". The London Gazette. 28 June 1817. p. 1437.
  3. "The Murders Abroad Act, 1817" (PDF). University of the South Pacific. Retrieved 25 June 2017.
  4. Wilson, James Oakley (1985) [First published in 1913]. New Zealand Parliamentary Record, 1840–1984 (4th ed.). Wellington: V.R. Ward, Govt. Printer. pp. 15f. OCLC 154283103.CS1 maint: ref=harv (link)
  5. McLintock, A. H., ed. (22 April 2009) [First published in 1966]. "The Establishment of Sovereignty". An Encyclopaedia of New Zealand. Ministry for Culture and Heritage / Te Manatū Taonga. Retrieved 24 June 2017.
  6. Jenks, Edward (1912). A history of the Australasian colonies : from their foundation to the year 1911 (3rd ed.). Cambridge: University Press. p. 170. Retrieved 24 June 2017.
  7. Mackay, Alexander (1873). Didsbury, G. (ed.). A Compendium of Official Documents Relative to Native Affairs in the South Island, Volume One. Wellington: Government Printer.
  8. "Crimes Act 1961". Parliamentary Counsel Office. p. 247. Retrieved 24 June 2017.
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