A new members’ bill lodged by Bay of Plenty MP Tom Rutherford would see convicted murderers ineligible for parole if they do not reveal the location of their victim's body.

The Concealment of Location of Victim Remains Bill provides that offenders who refuse to disclose the location of a victim’s body may be denied parole.

“My Members’ Bill acknowledges the additional anguish faced by families who do not have a chance to lay their loved ones to rest, because of an offender’s refusal to disclose the location of a victim’s remains.”

This bill would amend section 9 of the Sentencing Act 2002 to include the failure of an offender to disclose the location of the body in a list of aggravating factors a sentencing court must take into account, says Rutherford.

“This would also insert a new section 28A into the Parole Act 2002 to require the Parole Board, when considering an offender for release on parole, to refuse parole unless the board is satisfied the prisoner has cooperated satisfactorily in the investigation of the offence to identify the victim’s location. 

“This Bill has been modelled on legislation from the United Kingdom and New South Wales, passed in 2020 and 2022, respectively.”

The United Kingdom law was brought due to the murder of Helen McCourt, who disappeared in 1988 and whose body has never been recovered.

The offender was sentenced to life imprisonment with a non-parole period of 16 years and was released in 2020 and died in 2022 having never revealed the whereabouts of Helen's body.

In New South Wales, similar legislation has been adopted, colloquially known as ‘Lyn’s Law’ after former Sydney teacher Chris Dawson was convicted in 2022 of murdering his 33-year-old wife Lynette who disappeared from their northern beaches home over 40 years ago. The body of the mother of two has never been found.

“Both of those laws have successfully acted as incentives for those who conceal the remains of victims to front up about their whereabouts and have prevented those who refuse to do so from being released on parole.

“Ultimately, this Bill puts the victims of crime at the heart of our justice system. It is the intention of this Bill to deny offender’s the opportunity to return to society, if they are not prepared to give their victims family and friends the opportunity to be reunited with their loved ones.”