A National MP has put forward a member’s bill that would ensure that convicted murderers remain behind bars if they refuse to reveal the location of their victim’s body.
The Concealment of Location of Victims Remains Bill, introduced by Bay of Plenty MP Tom Rutherford, aims to amend section 9 of the Sentencing Act 2002.
This amendment would require sentencing courts to consider an offender’s failure to disclose the location of a victim’s body as an aggravating factor.
A new 28A section would also be inserted into the Parole Act 2002, requiring the Parole Board to refuse parole unless satisfied the prisoner has cooperated satisfactorily in identifying the victim’s location.
Rutherford said the ‘no body, no parole’ bill acknowledged the “additional anguish faced by families” left unable to lay their loved ones to rest.
He said the bill intends to deny offenders the opportunity for parole while they “selfishly” withhold closure for victims’ families.
“It also reflects this Government’s tough on crime, victims first approach,” Rutherford said.
Rutherford said he has the support of Simon McGrath, the brother of Christchurch builder Michael McGrath, who was murdered by childhood friend, David Benbow, in 2017.
In October 2024, after an earlier hung jury, Benbow was found guilty in the High Court at Christchurch.
He was later sentenced to life imprisonment with a minimum non-parole period of 17 years.
The Crown alleged Benbow murdered the 49-year-old after finding out he was in a relationship with his partner of 17 years, Joanna Green.
McGrath was supposed to visit Benbow about 9am on May 22, 2017, to help him move some railway sleepers.
Benbow said he never showed up; however, the Crown said the sleepers were a “ruse” and that once he arrived, Benbow killed him with his .22 rifle and later disposed of his body.
McGrath’s body and the firearm have never been found.
Rutherford said the bill was “one step closer” to giving closure to families such as McGrath’s.
“I spoke with Simon about this bill and was immensely moved by what this family continues to experience,” Rutherford said.
“Despite extensive police searches, Michael’s body has yet to be found, and Simon and his family have not had the closure they deserve.
“I’m proud that today we are one step closer to helping families in New Zealand facing similar situations, ensuring our justice system prioritises victims over offenders.”
In 2016, convicted cold-case killer Mark Pakenham was released on parole for the manslaughter of Sara Niethe, who went missing in 2003.
Pakenham was sentenced in August 2013 to six years and seven months in prison for killing Neithe. His sentence was due to end on March 16, 2018.
Niethe’s body has never been found.
Pakenham had been due to face trial for murder when he pleaded guilty to a lesser charge of manslaughter.
He injected the mother of three with methamphetamine on March 30, 2003, causing her death.
Niethe’s son, Dion Chamberlain, said in a victim impact statement during sentencing that Pakenham’s refusal to divulge the location of the body had worsened his grief.
“I want my mother back,” he told the court.
The bill has been modelled on legislation from the United Kingdom and New South Wales, passed in 2020 and 2022.
Both laws have acted as incentives for those who conceal victims’ remains to disclose their whereabouts, while preventing those who refuse from being released on parole.