The Abolition of Capital Punishment in New Zealand 1935-1961: A Utilitarian Resolution to an Irresolvable Issue

Abstract

This paper details New Zealand’s history of capital punishment for murder from 1935 to 1961. It addresses the history and reasons behind abolition in 1941, reinstatement in 1950 and final abolition in 1961, noting how the issue was politicised until the 1961 vote. This paper then concentrates on the 1961 decision to abolish. It addresses the principal issues in relation to capital punishment and analyses the development of attitudes toward these issues in New Zealand and Britain. It then attempts to justify how abolition in 1961 can be interpreted as a utilitarian enterprise which is an interpretation consistent with the development of New Zealand’s penal system at the time. Finally, the legacy of abolition in New Zealand will be addressed, concluding that from a utilitarian perspective, it has been a success.