Victims' Rights Act 2002

1: Title
This Act is the Victims' Rights Act 2002.
1: Preliminary provisions
2: Commencement
This Act comes into force 2 months after the date on which it receives the Royal assent.
3: Purpose of Act
The purpose of this Act is to improve provisions for the treatment and rights of victims of offences.
4: Interpretation
In this Act, unless the context otherwise requires,— accused person accused of the offence act proven but not criminally responsible on account of insanity section 4(1) address audio record child person facility section 9 family violence section 9 hospital section 2(1) immediate family
a: means a member of the victim's family, whanau, or other culturally recognised family group, who is in a close relationship with the victim at the time of the offence; and
b: to avoid doubt, includes a person who is—
i: the victim's spouse, civil union partner, or de facto partner; or
ii: the victim's child or step-child; or
iii: the victim's brother or sister or step-brother or step-sister; or
iv: a parent or step-parent of the victim; or
v: a grandparent of the victim incapable
a: means that the person—
i: lacks, wholly or partly, the capacity to understand the nature, and to foresee the consequences, of decisions in respect of matters relating to his or her personal care and welfare; or
ii: has the capacity to understand the nature, and to foresee the consequences, of decisions in respect of matters relating to his or her personal care and welfare, but wholly lacks the capacity to communicate decisions in respect of matters of that kind; and
b: includes the person being in a state of continuing unconsciousness judicial officer lawyer section 6 offence
a: means an offence against an enactment—
i: committed against the victim (or committed against a child or young person of whom the victim is a parent or legal guardian); or
ii: through which, or by means of which, the victim (or a child or young person of whom the victim is a parent or legal guardian) suffered physical injury or emotional harm, or loss of, or damage to, property; or
iii: that resulted in the death of a member of the victim's immediate family, or in a member of the victim's immediate family being incapable; and
b: includes an alleged offence (whether or not a person is convicted of the offence) committed against the victim (or committed against a child or young person of whom the victim is a parent or legal guardian), or that has affected the victim (or a child or young person of whom the victim is a parent or legal guardian) in any of the ways referred to in paragraph (a)﻿(ii) or (iii); and
c: includes an offence—
i: committed against the victim; and
ii: in respect of which the court recorded a finding of act proven but not criminally responsible on account of insanity under section 20 offender
a: means a person—
i: convicted of the crime or offence that affected the victim; or
ii: charged with the crime or offence that affected the victim, and in respect of which the court recorded a finding of act proven but not criminally responsible on account of insanity under section 20
b: in section 9 sections 17AA to 27 representative section 40 Secretary sexual case
a: an offence against any of the provisions of sections 128 to 142A section 144A
b: any other offence against the person of a sexual nature sexual case complainant specified offence section 29 support person
a: a spouse, civil union partner, or de facto partner of the victim:
b: a parent or another close relative or a legal guardian of the victim:
ba: a person whom the victim nominates by notice in writing as his or her support person (not being a person accused of the offence, or the offender):
c: a Social Worker (as defined in section 2(1) Oranga Tamariki Act 1989
i: the victim is a child or young person who is in the custody or under the guardianship or in the care of the chief executive or another person under that Act; or
ii: the victim is a child who is not married or in a civil union and who is section 31(1)﻿(a) section 31(1)﻿(b) or section 33(1)﻿(c)﻿(ii)
d: a welfare guardian of the victim, or manager of the property of the victim, appointed under the Protection of Personal and Property Rights Act 1988
e: an attorney appointed by the victim under a power of attorney described in section 95
i: the matter is one relating to the personal care and welfare of the victim in relation to which the attorney is authorised to act under the power of attorney; and
ii: the occasion for the attorney to act has arisen under section 98(3) victim
a: means—
i: a person against whom an offence is committed by another person; and
ii: a person who, through, or by means of, an offence committed by another person, suffers physical injury, or loss of, or damage to, property; and
iii: a parent or legal guardian of a child, or of a young person, who falls within subparagraph (i) or subparagraph (ii), unless that parent or guardian is charged with the commission of, or convicted or found guilty of, or pleads guilty to, the offence concerned; and
iv: a member of the immediate family of a person who, as a result of an offence committed by another person, dies or is incapable, unless that member is charged with the commission of, or convicted or found guilty of, or pleads guilty to, the offence concerned; and
b: for the purposes only of sections 7 8
i: a person who, through, or by means of, an offence committed by another person, suffers any form of emotional harm; and
ii: a parent or legal guardian of a child, or of a young person, who falls within subparagraph (i), unless that parent or guardian is charged with the commission of, or convicted or found guilty of, or pleads guilty to, the offence concerned; and
iii: a person who has experienced family violence
iv: a child or young person residing with a person who falls within subparagraph (iii); and
c: despite paragraphs (a) and (b), if an offence is committed by a person, does not include another person charged (whether as a principal or party or accessory after the fact or otherwise) with the commission of, or convicted or found guilty of, or who pleads guilty to,—
i: that offence; or
ii: an offence relating to the same incident or series of incidents as that crime or offence victim of a specified offence section 29A video record young person 1987 No 173 s 2 Section 4 act proven but not criminally responsible on account of insanity inserted 13 December 2022 section 28(3) Rights for Victims of Insane Offenders Act 2021 Section 4 address inserted 6 December 2014 section 4(1) Victims’ Rights Amendment Act 2014 Section 4 audio record inserted 21 December 2021 section 26 Sexual Violence Legislation Act 2021 Section 4 child amended 1 July 2019 section 60(1) Oranga Tamariki Legislation Act 2019 Section 4 domestic violence repealed 1 July 2019 section 259(1) Family Violence Act 2018 Section 4 facility inserted 1 September 2004 section 51 Criminal Procedure (Mentally Impaired Persons) Act 2003 Section 4 family violence inserted 1 July 2019 section 259(1) Family Violence Act 2018 Section 4 immediate family substituted 26 April 2005 section 7 Relationships (Statutory References) Act 2005 Section 4 lawyer substituted 1 August 2008 section 348 Lawyers and Conveyancers Act 2006 Section 4 offence inserted 13 December 2022 section 28(1) Rights for Victims of Insane Offenders Act 2021 Section 4 offender replaced 13 December 2022 section 28(2) Rights for Victims of Insane Offenders Act 2021 Section 4 representative inserted 6 December 2014 section 4(1) Victims’ Rights Amendment Act 2014 Section 4 Secretary inserted 6 December 2014 section 4(1) Victims’ Rights Amendment Act 2014 Section 4 sexual case inserted 21 December 2021 section 26 Sexual Violence Legislation Act 2021 Section 4 sexual case complainant inserted 21 December 2021 section 26 Sexual Violence Legislation Act 2021 Section 4 specified offence inserted 6 December 2014 section 4(1) Victims’ Rights Amendment Act 2014 Section 4 support person substituted 26 April 2005 section 7 Relationships (Statutory References) Act 2005 Section 4 support person inserted 6 December 2014 section 4(3) Victims’ Rights Amendment Act 2014 Section 4 support person amended 14 July 2017 section 149 Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 Section 4 support person amended 1 July 2005 section 151 Care of Children Act 2004 Section 4 support person amended 26 April 2005 section 7 Relationships (Statutory References) Act 2005 Section 4 victim inserted 6 December 2014 section 4(4) Victims’ Rights Amendment Act 2014 Section 4 victim amended 1 July 2019 section 259(1) Family Violence Act 2018 Section 4 victim inserted 6 December 2014 section 4(4) Victims’ Rights Amendment Act 2014 Section 4 victim of a specified offence inserted 6 December 2014 section 4(1) Victims’ Rights Amendment Act 2014 Section 4 video record inserted 21 December 2021 section 26 Sexual Violence Legislation Act 2021 Section 4 young person replaced 1 July 2019 section 60(2) Oranga Tamariki Legislation Act 2019
5: Directions about members of immediate family
1: This section applies when an offence committed by a person results in the death of another person ( person A
2: On an application for the purpose by or on behalf of a person who is not a member of person A's immediate family for the purposes of this Act, a judicial officer may give a direction that the person must be treated as if he or she were a member of person A's immediate family for the purposes of this Act.
3: On an application for the purpose by a prosecutor, and in the circumstances stated in subsection (4), a judicial officer may—
a: give a direction that a person who is a member of person A's immediate family for the purposes of this Act must be treated as if the person were not a member of person A's immediate family for the purposes of this Act; or
b: revoke a direction, given under subsection (2), that required a person to be treated as a member of person A's immediate family for the purposes of this Act.
4: The circumstances are that the judicial officer is satisfied—
a: that 1 or more members of person A's immediate family, being members of that kind closer to person A than the person, consider it improper that the person be treated as a member of person A's immediate family for the purposes of this Act; or
b: that the interests of justice require that the person not be treated as a member of person A's immediate family for the purposes of this Act.
5: A person who is the subject of a direction given and not later revoked under this section must be treated in accordance with the direction.
5A: Transitional, savings, and related provisions
The transitional, savings, and related provisions set out in Schedule 1AA Section 5A inserted 21 December 2021 section 27 Sexual Violence Legislation Act 2021
6: Act binds the Crown
This Act binds the Crown.
2: Provisions relating to treatment and rights of victims generally
Principles guiding treatment of victims
7: Treatment
Any person who deals with a victim (for example, a judicial officer, lawyer, member of court staff, Police employee probation officer, or member of the New Zealand Parole Board
a: treat the victim with courtesy and compassion; and
b: respect the victim's dignity and privacy. 1987 No 173 s 3 Section 7 amended 6 December 2014 section 5 Victims’ Rights Amendment Act 2014 Section 7 amended 1 October 2008 section 130(1) Policing Act 2008
8: Access to services
A victim or member of a victim's family who has welfare, health, counselling, medical, or legal needs arising from the offence should have access to services that are responsive to those needs. 1987 No 173 s 4
9: Restorative justice meetings to resolve issues relating to offence
1: This section applies if a victim requests to meet with the offender to resolve issues relating to the offence.
2: A member of court staff, a Police employee, or, if appropriate, a probation officer must, if satisfied that the necessary resources are available, refer the request to a suitable person who is available to arrange and facilitate a restorative justice meeting. Section 9 replaced 6 December 2014 section 6 Victims’ Rights Amendment Act 2014
10: Enforceability of principles
Sections 7 to 9 1993 No 28 s 11(2) Information to be given to victims
11: Information about programmes, remedies, and services
1: A victim must, as soon as practicable after the victim comes into contact with an agency, be given information by the personnel of the agency about programmes, remedies, or services available to the victim through the agency.
2: In this section,— agency
a: the Accident Compensation Corporation:
b: Health New Zealand (as defined in section 4
c: the Department of Corrections:
d: the Ministry of Justice:
e: the Ministry of Social Development:
f: the New Zealand Police services
3: Nothing in this section prevents information of a kind that, under this section, must be given to a victim of an offence, from also being given to any other person (for example, to a person who was disadvantaged by the offence). Section 11(2) replaced 6 December 2014 section 7 Victims’ Rights Amendment Act 2014 Section 11(2) agency replaced 1 July 2022 section 104 Pae Ora (Healthy Futures) Act 2022
12: Information about proceedings
1: A victim must, as soon as practicable, be given information by investigating authorities or, as the case requires, by members of court staff, or the prosecutor, about the following matters:
a: the progress of the investigation of the offence:
b: the charges laid or reasons for not laying charges, and all changes to the charges laid:
c: the victim's role as a witness in the prosecution of the offence:
ca: the possibility (if any) of the court making an order prohibiting the publication of identifying information about the victim, and the steps that the victim may take in relation to the making of that order:
d: the date and place of each event listed in subsection (2):
e: the outcome of the prosecution of the offence (and of any proceedings on appeal), for example—
i: any plea of guilty or conviction entered, and sentence imposed or substituted; or
ii: any finding that an accused is unfit to stand trial; or
iii: any finding that the charge was not proved; or
iv: any acquittal or deemed acquittal; or
v: any grant of free pardon.
2: The events referred to in subsection (1)﻿(d) are—
a: the first appearance in court, in connection with the offence, of the person accused of the offence:
b: any preliminary hearing relating to the offence:
c: any trial
d: any hearings set down for sentencing for the offence:
e: any hearings of appeals (if any) against conviction of the offence, or against the sentence imposed, or to be imposed, for the offence, or both:
f: any referral of the conviction or sentence by the Criminal Cases Review Commission under section 17
3: Nothing in this section prevents information of a kind that, under this section, must be given to a victim of an offence, from also being given to any other person (for example, to a person who was disadvantaged by the offence).
4: In this section, investigating authorities any 1987 No 173 s 6 Section 12(1)﻿(ca) inserted 6 December 2014 section 8(1) Victims’ Rights Amendment Act 2014 Section 12(1)﻿(e) replaced 6 December 2014 section 8(2) Victims’ Rights Amendment Act 2014 Section 12(2)﻿(c) amended 1 July 2013 section 8 Victims' Rights Amendment Act 2011 Section 12(2)﻿(f) replaced 1 July 2020 section 54 Criminal Cases Review Commission Act 2019 Section 12(4) amended 1 July 2013 section 8 Victims' Rights Amendment Act 2011
13: Limits on duties to give information under sections 11 and 12
1: Nothing in section 11 section 12 sections 6 7 9
2: An example of a case where good reason of that kind for withholding information would exist is where the giving of the information would be likely to prejudice the maintenance of the law, including the prevention, investigation, and detection of offences, and the right to a fair trial.
3: Nothing in section 11 section 12
14: Information may be given to victim's support person
Information required to be given under section 11 section 12
a: cannot receive it; or
b: is not, or may not be, capable alone of understanding it ; or
c: has, in writing, nominated that support person to receive it and given a current address for that support person. Section 14(b) amended 6 December 2014 section 9 Victims’ Rights Amendment Act 2014 Section 14(c) inserted 6 December 2014 section 9 Victims’ Rights Amendment Act 2014 Privacy of victims
15: Victim's rights under
Privacy Act 2020
1: No person may interfere with the privacy of a victim contrary to the Privacy Act 2020
2: This section is not limited by section 7 Privacy Act 2020 Section 15 heading amended 1 December 2020 section 217 Privacy Act 2020 Section 15(1) amended 1 December 2020 section 217 Privacy Act 2020 Section 15(2) amended 1 December 2020 section 217 Privacy Act 2020
16: Restriction on disclosing victim's contact details in evidence or information provided to court
1: This section applies to information (the information
2: The information may be given in evidence or in information provided to a court only with the leave of the judicial officer.
3: The judicial officer must not grant leave unless satisfied—
a: that the information is directly relevant to the facts in issue in the proceedings; and
b: that the evidential value of the information (if any) outweighs any prejudice to the victim's interests, or any harm to the victim, that is likely to be caused by the giving of the information.
4: In this section, contact details
a: residential address:
b: postal address:
c: email address:
d: home telephone number:
e: business telephone number:
f: mobile telephone number:
g: fax number. 1987 No 173 s 9 Section 16 heading replaced 6 December 2014 section 10(1) Victims’ Rights Amendment Act 2014 Section 16(1) replaced 6 December 2014 section 10(2) Victims’ Rights Amendment Act 2014 Section 16(4) inserted 6 December 2014 section 10(3) Victims’ Rights Amendment Act 2014
16A: Criminal proceedings to which section 16 does not apply
Nothing in section 16 Section 16A inserted 26 June 2008 section 4 Victims' Rights Amendment Act 2008 Victim's views on application for order prohibiting permanently publication of name of accused or offender Heading repositioned 13 December 2022 section 42 Rights for Victims of Insane Offenders Act 2021
16B: Victim's views on application for order prohibiting permanently publication of name of accused or offender
1: This section applies to a victim if the person accused of the offence or, as the case requires, the offender applies to a court under section 200 Criminal Procedure Act 2011
a: prohibiting the publication of his or her name, address, or occupation, or of any particulars likely to lead to his or her identification; and
b: having effect permanently.
2: If this section applies to a victim, the prosecutor—
a: must make all reasonable efforts to ensure that any views the victim has on the application are ascertained; and
b: must inform the court of any views ascertained under paragraph (a). Section 16B renumbered 13 December 2022 section 42 Rights for Victims of Insane Offenders Act 2021 Section 16B(1) amended 5 March 2012 section 393 Criminal Procedure Act 2011 Victim impact statements Heading repealed 13 December 2022 section 30 Rights for Victims of Insane Offenders Act 2021
2AA: Victim impact statements
Part 2AA heading inserted 13 December 2022 section 30 Rights for Victims of Insane Offenders Act 2021 Definitions and purpose Heading inserted 13 December 2022 section 30 Rights for Victims of Insane Offenders Act 2021
17AA: Victim impact statement defined
1: In sections 17AB to 27 victim impact statement
a: means information that—
i: is ascertained under section 17
A: a victim; or
B: a person who, under section 17AAB
ii: is to be, or has been, submitted—
A: under section 21AA
B: under section 21 or making an order under section 24(1) 25(1)
b: includes any recording, summary, transcript, or other copy of that information.
2: In this section, information Section 17AA inserted 6 December 2014 section 11 Victims’ Rights Amendment Act 2014 Section 17AA(1)﻿(a)﻿(i)﻿(B) amended 13 December 2022 section 45 Rights for Victims of Insane Offenders Act 2021 Section 17AA(1)﻿(a)﻿(ii)﻿(B) amended 13 December 2022 section 31 Rights for Victims of Insane Offenders Act 2021
17AAB: Statements by others disadvantaged by offence
1: The prosecutor may, if he or she considers it appropriate to do so, decide to treat as a victim, for the purposes of sections 17 to 19 sections 21 to 27
a: who was disadvantaged by an offence; and
b: from whom information on the effects of the offence has been, or could be, ascertained by or on behalf of the prosecutor; and
c: who is not a victim of the offence, a person accused of the offence, or the offender.
2: If the prosecutor decides under subsection (1) to treat a person as a victim of an offence, the person must be treated for the purposes of sections 17 to 19 sections 21 to 27 Section 17AAB renumbered 13 December 2022 section 33 Rights for Victims of Insane Offenders Act 2021
17AB: Purpose of victim impact statements
The purpose of a victim impact statement is to—
a: enable the victim to provide information to the court about the effects of the offending; and
b: assist the court in understanding the victim's views about the offending; and
c: inform the offender about the impact of the offending from the victim's perspective. Section 17AB inserted 6 December 2014 section 11 Victims’ Rights Amendment Act 2014 Information to be ascertained Heading inserted 13 December 2022 section 32 Rights for Victims of Insane Offenders Act 2021
17: Information to be ascertained from victim
1: The prosecutor must make all reasonable efforts to ensure that information about the matters specified in subsection (2) is ascertained from the victim.
2: The matters referred to in subsection (1) are—
a: any physical injury or emotional harm suffered by the victim through, or by means of, the offence; and
b: any loss of, or damage to, property suffered by the victim through, or by means of, the offence; and
c: any other effects of the offence on the victim; and
d: any other matter consistent with the purpose of victim impact statements set out in section 17AB
3: If a person is a victim in terms of paragraph (a)﻿(iii) of the definition of victim section 4
4: If a person is a victim in terms of paragraph (a)﻿(iv) of the definition of victim section 4 Section 17 replaced 6 December 2014 section 12 Victims’ Rights Amendment Act 2014
18: Procedure before ascertaining information from victim
The prosecutor must make all reasonable efforts to ensure, before information is ascertained from a victim under section 17
a: that the victim is informed—
i: that the information is being ascertained for a victim impact statement; and
ii: that the victim must ensure that any information that he or she gives is true; and
iii: that the information must be recorded, and may be verified in the way stated in section 19(3) or (4)
b: that the victim is informed about who may properly see or make or keep copies of the victim impact statement sections 24(3)﻿(b) 25 27
c: that any views the victim has on whether the prosecutor should apply for orders, directions, or conditions of that kind, are ascertained. Section 18(a)﻿(i) replaced 6 December 2014 section 13(1) Victims’ Rights Amendment Act 2014 Section 18(b) amended 6 December 2014 section 13(2) Victims’ Rights Amendment Act 2014
19: Form and verification of information ascertained
1: Information ascertained from a victim under section 17 as an audio record or video record included in the victim impact statement
2: Information recorded under subsection (1) may be verified—
a: in the way stated in subsection (3), if practicable; or
b: if it is not practicable to verify it in the way stated in subsection (3), in the way stated in subsection (4).
3: The information may be verified by being submitted to the victim for signature or other approval, and signed or otherwise approved by the victim, after the prosecutor, or some other person on behalf of the prosecutor, has added to it statements—
a: that the victim gave the information knowing that it was to be included in a victim impact statement, and knowing that he or she was required to ensure that any information that he or she gave is true; and
b: that the information is true to the best of the victim's knowledge and belief.
4: The information may also be verified by being signed or otherwise approved by the prosecutor, or some other person on behalf of the prosecutor, after the prosecutor or other person has added to it statements that he or she—
a: advised the victim that the information was to be included in a victim impact statement; and
ab: advised the victim that he or she was required to ensure that any information that he or she gave is true; and
b: read it or replayed it or submitted it in another way to the victim, and is satisfied that the victim approves of it. Section 19(1) amended 21 December 2021 section 28 Sexual Violence Legislation Act 2021 Section 19(1) amended 6 December 2014 section 14(1) Victims’ Rights Amendment Act 2014 Section 19(3)﻿(a) replaced 6 December 2014 section 14(2) Victims’ Rights Amendment Act 2014 Section 19(4)﻿(a) replaced 6 December 2014 section 14(3) Victims’ Rights Amendment Act 2014 Section 19(4)﻿(ab) inserted 5 March 2012 section 5(2) Victims' Rights Amendment Act 2011 Sentence indication Heading inserted 13 December 2022 section 34 Rights for Victims of Insane Offenders Act 2021
21AA: Victim impact statement may be used for purpose of sentence indication
1: If requested by a court giving a sentence indication under section 61
2: A victim impact statement must be submitted under subsection (1) in the form in which it was recorded under section 19
3: For the purposes of subsection (1), it does not matter that the victim impact statement was prepared before this section came into force. Section 21AA inserted 6 December 2014 section 15 Victims’ Rights Amendment Act 2014 Use by judicial officer Heading inserted 13 December 2022 section 35 Rights for Victims of Insane Offenders Act 2021
21: Victim impact statement to be submitted to judicial officer
1: If a victim impact statement has been prepared, the victim impact statement must be submitted by the prosecutor—
a: to the judicial officer—
i: sentencing the offender; or
ii: making an order under section 24(1) 25(1)
b: in the form in which it was recorded under section 19
2: Despite subsection (1), a victim impact statement containing information ascertained from a person treated as a victim under section 17AAB Section 21 replaced 6 December 2014 section 15 Victims’ Rights Amendment Act 2014 Section 21(1)﻿(a) replaced 13 December 2022 section 36 Rights for Victims of Insane Offenders Act 2021 Section 21(2) amended 13 December 2022 section 45 Rights for Victims of Insane Offenders Act 2021
21A: Victim impact statement may be used for purpose of sentence indication
Section 21A repealed 6 December 2014 section 15 Victims’ Rights Amendment Act 2014
22: Victim impact statement may be read to court
1: A victim may make a request to the judicial officer sentencing the offender or making an order under section 24(1) 25(1) section 21
a: the victim; or
b: the prosecutor; or
c: a person nominated by the victim, not being an accused or offender in relation to—
i: the offence; or
ii: another offence arising from the same incident or series of incidents as the offence.
2: A judicial officer—
a: must agree to a request made under subsection (1) by a victim of a specified offence unless the judicial officer considers it inappropriate to do so because of—
i: the number of requests made under subsection (1):
ii: the age and maturity of the offender:
iii: the content of the victim impact statement being inconsistent with the purpose of victim impact statements set out in section 17AB
iv: concern about the risk of serious disruption to the proceedings or a risk to the safety of any person:
b: may agree to a request made under subsection (1) by a victim of an offence of any other kind.
3: The reading of all or any part of a victim impact statement to the court may be subject to any time limit that the judicial officer considers appropriate. Section 22 replaced 6 December 2014 section 15 Victims’ Rights Amendment Act 2014 Section 22(1) amended 13 December 2022 section 37 Rights for Victims of Insane Offenders Act 2021
22A: Victim impact statement may be presented to court in some other manner
1: The judicial officer sentencing the offender or making an order under section 24(1) 25(1) section 21 section 22
2: For example, the manner in which all or any part of the statement may be presented to the court under this section may be any of the following:
a: it can be read to the court by the victim while in the courtroom but unable to see the defendant or some other specified person:
b: it can be read to the court by the victim from an appropriate place outside the courtroom, either in New Zealand or elsewhere:
c: if it is an audio record, it can be presented by playing that record:
d: if it is a video record, it can be presented by playing that record. Section 22A replaced 21 December 2021 section 29 Sexual Violence Legislation Act 2021 Section 22A(1) amended 13 December 2022 section 38 Rights for Victims of Insane Offenders Act 2021
22B: Weight to be given to victim impact statement
In determining the weight to give to a victim impact statement, the judicial officer to whom the statement has been submitted must have regard to the following matters:
a: whether the statement is verified in the way stated in section 19(3) or (4)
b: if the statement is verified, the date of the verification; and
c: any other matters that the judicial officer considers may properly be taken into account. Section 22B inserted 6 December 2014 section 15 Victims’ Rights Amendment Act 2014
22C: Judicial officer not to take into account withheld part
1: In this section, withheld part section 25
2: A judicial officer must not take into account a withheld part in—
a: sentencing the offender; or
b: making an order under section 24(1) 25(1) Section 22C inserted 13 December 2022 section 39 Rights for Victims of Insane Offenders Act 2021 Distribution or disclosure Heading inserted 13 December 2022 section 40 Rights for Victims of Insane Offenders Act 2021
23: Offender not to be given statement to keep
1: A prosecutor, or lawyer for an offender, who has a copy of a victim impact statement relating to an offender, must show the statement to the offender if asked to do so by the offender, unless the prosecutor or lawyer—
a: intends to apply for an order under section 25
b: knows that an application of that kind is to be made, or has been made but has not yet been determined.
2: However, no person (other than the victim concerned, or a person acting under the authority of the victim concerned) may give an offender a victim impact statement to keep.
3: Nothing in this section permits a person to show part of a victim impact statement to an offender or a lawyer representing an offender contrary to an order made under section 25
4: Despite anything in the Privacy Act 2020 Section 23(4) amended 1 December 2020 section 217 Privacy Act 2020
24: Return of statements at end of proceedings
1: Every person who receives or makes a copy or copies of a victim impact statement during proceedings must return the copy or copies to a member of court staff as soon as practicable after the end of the proceedings.
2: In subsection (1), end of the proceedings
a: means the date of disposal of all appeals (if any) against conviction of the offence, or a sentence imposed for the offence, or both, lodged by the date when the time for lodging those appeals expires; and
b: if there are no rights of appeal of that kind, the date on which proceedings relating to the offence are otherwise finally determined.
3: Subsection (1) does not apply to—
a: the victim concerned, a member of court staff, Police employee
b: any other person (other than the offender) if the judicial officer, in his or her discretion and on an application for the purpose, orders that the other person need not return the copy or copies of the statement. Section 24(3)﻿(a) amended 1 October 2008 section 130(1) Policing Act 2008
25: Judicial officer may withhold part of statement from offender to protect victim's physical safety or security
A judicial officer may, on his or her own initiative or on an application for the purpose, order that an offender and every lawyer (if any) representing the offender not be given or shown any part of a victim impact statement if, in the judicial officer's opinion, withholding the part is necessary to protect the physical safety or security of the victim concerned.
26: Judicial officer not to take into account withheld part
Section 26 repealed 13 December 2022 section 41 Rights for Victims of Insane Offenders Act 2021
27: Directions or conditions on other disclosure or other distribution of statements
1: The judicial officer may, on his or her own initiative or on an application for the purpose by the prosecutor, give directions, or impose conditions, that—
a: relate to the disclosure and distribution of a victim impact statement; and
b: may be necessary to protect the victim's physical safety or security, emotional welfare, and privacy; and
c: are not inconsistent with section 23(1) or (2) section 24(3)﻿(b) section 25
2: Under subsection (1), the judicial officer may—
a: give directions or impose conditions about the copying of the statement, including the number of copies that may be made:
b: give directions to, or impose conditions on, the people to whom the statement may be disclosed or distributed:
c: direct that all or any part of the statement not be disclosed or distributed, either generally or to a specified person:
d: impose conditions on the disclosure or distribution of all or any part of the statement:
e: direct that all or any part of the statement not be published, either generally or by a specified person:
f: impose conditions on the publication of all or any part of the statement:
g: give directions, and impose conditions, about any other matters to do with the disclosure and distribution of the statement that the judicial officer considers necessary or appropriate in the circumstances.
3: No direction given, or condition imposed, under subsection (1) may be in the same terms or have the same effect as an order made under section 24(3)﻿(b) section 25
2A: Provisions relating to rights of victims who are sexual case complainants
Part 2A inserted 21 December 2021 section 30 Sexual Violence Legislation Act 2021
28A: Sections 28B to 28D apply only to individual victims, or all victims, who are sexual case complainants
1: Sections 28B 28BA 28D victim
2: Section 28C victims Section 28A replaced 21 December 2022 section 31 Sexual Violence Legislation Act 2021
28B: Victim’s preferences on ways of giving evidence
The prosecutor must make all reasonable efforts to ensure that—
a: the victim is informed about the ways in which the victim may give evidence (whether in chief or under cross-examination or on re-examination) as a sexual case complainant; and
b: any preferences the victim has on the ways of giving evidence as a sexual case complainant are ascertained and taken into account in the operation of sections 106C to 106J Section 28B inserted 21 December 2022 section 31 Sexual Violence Legislation Act 2021
28BA: Victim’s preferences on presenting victim impact statement
If a victim impact statement of the victim as a sexual case complainant is to be, or has been, submitted under section 21(1)
a: the victim is informed about the ways in which the victim impact statement may, with the agreement of the judicial officer sentencing the offender, be read to the court, or presented to the court in some other manner, under sections 22 22A
b: any preferences the victim has on that matter are ascertained and taken into account in the operation of those sections. Section 28BA replaced 21 December 2022 section 31 Sexual Violence Legislation Act 2021
28C: Availability of appropriate facilities when attending court
1: The Secretary must make all reasonable efforts to ensure that appropriate facilities are available to the victims when attending court, or participating in or viewing the proceeding related to the offences concerned, as sexual case complainants.
2: In determining whether facilities for those purposes are appropriate, the Secretary must, in addition to any other factors that the Secretary considers relevant, take into account—
a: the victims’ physical and emotional comfort and safety:
b: any physical constraints posed by the courtroom or courthouse.
3: Examples of appropriate facilities may include—
a: alternative waiting areas away from the general public:
b: alternative bathroom facilities:
c: other measures to minimise the likelihood that the victims encounter the defendants or the defendants’ supporters. Section 28C inserted 21 December 2022 section 31 Sexual Violence Legislation Act 2021
28D: Court may be cleared when victim impact statement read or otherwise presented to court
A court may, on an application made for the purpose by the prosecutor under section 199AA Section 28D inserted 21 December 2021 section 30 Sexual Violence Legislation Act 2021
3: Provisions relating to rights of victims of certain offences
Sections 30 to 48 apply only to victims of specified offences Heading replaced 6 December 2014 section 16 Victims’ Rights Amendment Act 2014
29: Specified offence defined
In this Act, a specified offence
a: an offence of a sexual nature specified in—
i: Part 7 sections 143 144
ii: sections 216H to 216J
b: an offence of serious assault that does not come within paragraph (a); or
c: an offence that has resulted in serious injury to a person, in the death of a person, or in a person becoming incapable; or
d: an offence of another kind, and that has led to the victim having ongoing fears, on reasonable grounds,—
i: for his or her physical safety or security; or
ii: for the physical safety or security of 1 or more members of his or her immediate family. Section 29 replaced 6 December 2014 section 16 Victims’ Rights Amendment Act 2014
29A: Commissioner of Police to determine whether offence affecting victim is specified offence
As soon as practicable after a victim comes into contact with the New Zealand Police, the Commissioner of Police must determine whether the offence that affected the victim is a specified offence. Section 29A inserted 6 December 2014 section 16 Victims’ Rights Amendment Act 2014 Victim's views about release on bail of accused or offender Heading replaced 6 December 2014 section 16 Victims’ Rights Amendment Act 2014
30: Victim's views about release on bail of accused or offender
1: This section applies if—
a: the victim is the victim of a specified offence; and
b: the person accused of the offence or, as the case requires, the offender, applies to a court for release on bail.
2: If this section applies, the prosecutor must—
a: make all reasonable efforts to ascertain any views the victim has about the accused, or, as the case requires, the offender, being released on bail; and
b: inform the court of any views ascertained under paragraph (a). Section 30 replaced 6 December 2014 section 16 Victims’ Rights Amendment Act 2014 Notice for victims of persons or offenders subject to mental health or intellectual disability care Heading inserted 13 December 2022 section 43 Rights for Victims of Insane Offenders Act 2021
30A: Victims of persons or offenders subject to mental health or intellectual disability care must be notified of person’s or offender’s designation
1: Without limiting sections 29 32B
a: is liable to be detained in a hospital or facility in connection with the offence; and
b: when their liability of that kind began, they were liable to be detained in a hospital or facility—
i: as a special patient as defined in section 2(1) section 6(2)
ii: under an order made under section 25(1)﻿(a) or (b) 34(1)﻿(b)
2: The Director-General of Health must give a victim to whom this section applies—
a: notice of whether the person or offender has been designated as—
i: a special patient as defined in section 2(1)
ii: a special care recipient as defined in section 6(2)
iii: a patient under the Mental Health (Compulsory Assessment and Treatment) Act 1992 section 25(1)﻿(a) 34(1)﻿(b)
iv: a care recipient under the Intellectual Disability (Compulsory Care and Rehabilitation) Act 2003 section 25(1)﻿(b) 34(1)﻿(b)
b: an explanation of the meaning and consequences of the person or offender’s designation; and
c: a list of the future notifications that the victim is eligible to receive.
3: The Director-General of Health must give notice under subsection (2) to the victim as soon as practicable after the person or offender has been designated as one of the classes of people described in subsection (2)﻿(a). Section 30A inserted 13 December 2022 section 43 Rights for Victims of Insane Offenders Act 2021 Duties in relation to informing victims about receiving notices under sections 34 to 39 Heading replaced 6 December 2014 section 16 Victims’ Rights Amendment Act 2014
31: Police to give victims of specified offences information about right to ask for notice and to appoint representative
1: This section applies in respect of a victim of a specified offence.
2: The Commissioner of Police must, as soon as practicable,—
a: inform the victim of the matters required by subsections (3) to (5); and
b: inform a support person of the victim of the matters required by subsection (6).
3: The Commissioner of Police must inform the victim that the victim has the right to ask to be given any notice under sections 34 to 38 section 32B(1)﻿(c)﻿(i)
4: The Commissioner of Police must inform the victim that if the victim asks to be given any notice under sections 34 to 38
a: section 39
b: section 20
5: The Commissioner of Police must inform the victim that—
a: the victim may appoint a representative under section 40 sections 34 to 39
b: if the victim appoints a representative, the victim or his or her representative must give to the New Zealand Police the name and address of the representative in accordance with section 32B(1)﻿(c)﻿(ii)
6: If the Commissioner of Police knows, or ought reasonably to know, that the victim is not, or may not be, capable alone of doing any of the following, the Commissioner must inform a support person of the victim that a representative of the victim may be appointed under section 42
a: asking for, receiving, or understanding a notice under any of sections 34 to 39
b: appointing a representative under section 40
7: Subsection (6) does not limit subsections (3) to (5). Section 31 replaced 6 December 2014 section 16 Victims’ Rights Amendment Act 2014
32: Police to give Secretary information about victims of specified offences
As soon as practicable after determining that the offence that affected the victim is a specified offence, the Commissioner of Police must give to the Secretary the following information:
a: the name of—
i: the victim; and
ii: the victim's representative (if any); and
b: the address of—
i: the victim; or
ii: the victim's representative. Section 32 replaced 6 December 2014 section 16 Victims’ Rights Amendment Act 2014
32A: Secretary to give victim information about right to appoint representative and to request notices
As soon as practicable after receiving a notice under section 32
a: the victim may appoint a representative under section 40
b: the victim, or his or her representative, has the right to request to be given any notice under sections 34 to 38
c: the victim, or his or her representative, at the same time as exercising the right in paragraph (b), must give to the New Zealand Police an address under section 32B(1)﻿(c)﻿(i) or (ii) Section 32A inserted 6 December 2014 section 16 Victims’ Rights Amendment Act 2014 Sections 34 to 38 and 47 apply only to certain victims who request notice and give address Heading inserted 6 December 2014 section 16 Victims’ Rights Amendment Act 2014
32B: Application of sections 34 to 38 and 47
1: Sections 34 to 38 47
a: the victim is a victim of a specified offence; and
b: the victim, or the victim's representative, has requested the New Zealand Police to ensure that the victim—
i: is given notice under sections 34 to 38
ii: is given or supplied with notice or advice of matters or decisions or directions, and copies of orders and conditions, to be given or supplied to victims under sections 41 43 45 50 58
c: at the same time as the victim, or the victim's representative, makes a request under paragraph (b), the New Zealand Police is given—
i: the victim's address; or
ii: the name and address of the victim's representative.
2: Section 34
a: the victim's views have been ascertained under section 30
b: the victim, or the victim's representative, has—
i: requested the New Zealand Police to ensure that the victim is given notice under section 34
ii: given to the New Zealand Police, at the same time as making a request under subparagraph (i),—
A: the victim's address; or
B: the name and address of the victim's representative. Section 32B inserted 6 December 2014 section 16 Victims’ Rights Amendment Act 2014 Victim's address to be forwarded in certain cases
33: Address of victim or victim's representative to be forwarded in certain cases
1: If a victim or the victim's representative has made a request under section 32B(1)﻿(b) section 32B(1)﻿(c)
a: the victim's name and address; or
b: the victim's name and the name and address of the victim's representative.
2: The persons referred to in subsection (1) are—
a: the chief executive of the Department of Corrections, if—
i: the person accused of the offence or, as the case requires, the offender is or becomes liable to be detained in a prison in connection with the offence and the Commissioner has not already forwarded a copy of the address under paragraph (b); or
ii: the offender has been sentenced to home detention:
b: the Director-General of Health, if the person accused of the offence or, as the case requires, the offender is or becomes liable to be detained in a hospital or facility in connection with the offence, his or her liability to detention is of a kind referred to in section 37(1)﻿(a) or (b)
3: The chief executive of the Department of Corrections must forward to the Director-General of Health the information that the chief executive of the Department of Corrections has received under subsection (1) if the offender, having been liable to be detained in a prison in connection with the offence, becomes liable to be detained—
a: in a hospital following an application under section 45(2) section 46
b: in a facility following an application under section 29(1)
4: The Director-General of Health must forward to the chief executive of the Department of Corrections the information that the Director-General of Health has received under subsection (1) if the person accused of the offence or, as the case requires, the offender, having been liable to be detained in a hospital or facility in connection with the offence, is removed to a prison under section 47(1) section 71
5: An address required to be forwarded under this section must be forwarded as soon as practicable after the requirement arises. Section 33 replaced 6 December 2014 section 17 Victims’ Rights Amendment Act 2014
33A: Notification of change of address of victim or representative
1: A victim may change his or her address given under section 32B(1)﻿(c)﻿(i) or (2)﻿(b)﻿(ii)﻿(A)
2: A victim or the victim's representative may change the representative's address given under section 32B(1)﻿(c)﻿(ii) or (2)﻿(b)﻿(ii)﻿(B)
3: The persons referred to in subsections (1) and (2) are any of the following persons who would be likely to give the victim or the victim's representative a notice under any of sections 34 to 38
a: the Commissioner of Police:
b: the chief executive of the Department of Corrections:
c: the Director-General of Health.
4: On receipt of a notification under subsection (1), a person ( Person A
a: confirm receipt of the notification to the victim; and
b: forward the notification to any other person ( Person B section 33
c: if the notification has been forwarded under paragraph (b), inform the victim—
i: that this has been done; and
ii: of the name of Person B.
5: On receipt of a notification under subsection (2), a person ( Person A
a: confirm receipt of the notification to the victim or the victim's representative, as the case may be; and
b: forward the notification to any other person ( Person B section 33
c: if the notification has been forwarded under paragraph (b), inform the victim or the victim's representative from whom the notification was received—
i: that this has been done; and
ii: of the name of Person B.
6: Person B who has been forwarded a notification under subsection (4)﻿(a) or (5)﻿(a) must confirm to the victim or the victim's representative, as the case may be,—
a: receipt of the notification from Person A; and
b: that any future change of address should be notified under subsection (1) or (2) to Person B. Section 33A replaced 6 December 2014 section 17 Victims’ Rights Amendment Act 2014
33B: Notification of withdrawal of request to be given notice
1: A victim may withdraw his or her request to be given notice under any of sections 34 to 38
a: the Commissioner of Police:
b: the chief executive of the Department of Corrections:
c: the Director-General of Health.
2: On receipt of a notification under subsection (1), a person ( Person A
a: confirm receipt of the notification to the victim; and
b: forward the notification to any other person ( Person B section 33
i: the victim's name and address; or
ii: the name and address of the victim's representative; and
c: if the notification has been forwarded under paragraph (b), inform the victim—
i: that this has been done; and
ii: of the name of Person B.
3: A person who receives a written notification under subsection (1) or (2) is, on and after the date of receipt of that notification, no longer required to give to that victim, or the victim's representative, any notice under sections 34 to 38 Section 33B inserted 6 December 2014 section 17 Victims’ Rights Amendment Act 2014
33C: Secretary must request victim's address for notice under Prisoners' and Victims' Claims Act 2005
1: If the Secretary is required by section 20
a: advise each of the following persons of that fact:
i: the Commissioner of Police:
ii: the chief executive of the Department of Corrections:
iii: the Director-General of Health; and
b: request each of those persons to supply the full name and address of any victim of the offence, or the victim's representative, in respect of whom the person has received an address under any of sections 32B to 33A
2: As soon as practicable after receiving a request under subsection (1)﻿(b), a person must—
a: respond to that request; and
b: if possible, supply that information. Section 33C inserted 6 December 2014 section 17 Victims’ Rights Amendment Act 2014 Notice of certain matters to be given to victims of certain offences
34: Notice of release on bail of accused or offender
1: In the case of a victim to whom this section applies by section 32B(1)
1A: In the case of a victim to whom this section applies by section 32B(2)
a: the Commissioner of Police, if the application for release on bail was opposed by the prosecutor; or
b: the Secretary, if—
i: the application for release on bail was not opposed by the prosecutor; and
ii: in respect of the victim or his or her representative, the Secretary has received an address under section 32(b)
1B: The matters referred to in subsections (1) and (1A) are—
a: whether the person accused of the offence or, as the case requires, the offender has been released on bail; and
b: if the person accused of the offence or, as the case requires, the offender has been released on bail, any terms or conditions of release imposed at any time that—
i: relate to the safety and security of the victim, or of 1 or more members of the victim's immediate family, or of both; or
ii: require the accused or offender not to associate with, or not to contact, the victim, or 1 or more members of the victim's immediate family, or both; and
c: if any term or condition of release referred to in paragraph (b)﻿(i) or (ii) is by order of the court or Registrar varied, revoked, or substituted with any other term or condition, the detail of that order; and
d: if an application for release on bail has been made and the hearing of that application has been adjourned, the date to which the hearing has been adjourned.
2: In this section, release on bail
a: until the hearing of proceedings:
b: during an adjournment of proceedings:
c: until sentencing:
d: until determination of an appeal against conviction or sentence.
3: However, nothing in this section requires or permits the Commissioner to give notice of a matter contrary to an order made under section 19 Section 34(1) replaced 6 December 2014 section 18 Victims’ Rights Amendment Act 2014 Section 34(1A) inserted 6 December 2014 section 18 Victims’ Rights Amendment Act 2014 Section 34(1B) inserted 6 December 2014 section 18 Victims’ Rights Amendment Act 2014
35: Notice of release or escape from prison detention, or of death, of offender
1: The chief executive of the Department of Corrections must give a victim to whom this section applies—
a: reasonable prior notice of the offender's—
i: impending temporary release from custody under section 62
ii: sentence of imprisonment being cancelled and substituted with a sentence of home detention under section 80K
iii: impending release from prison detention if the offender does not have a parole eligibility date under section 20
b: notice, as soon as practicable, of the accused or offender's—
i: escape from prison detention, unless the accused or offender sooner returns, or is returned to, the place of prison detention:
ii: death in prison:
c: notice, as soon as practicable, of the offender's death if the offender dies while subject to any release conditions imposed by—
i: the court under section 93
ii: the New Zealand Parole Board under section 18(2) 29(1)
d: notice, shortly beforehand, of the offender's sentence end date for the offence, being the date that is the later of the following applicable dates:
i: the date on which the offender has served the full term of the sentence imposed in respect of the offence:
ii: the expiry date of any release conditions imposed by the court under section 93
iii: the expiry date of any release conditions imposed on the offender by the New Zealand Parole Board under section 18(2)
2: In this section, prison detention
a: means detention in a prison (or in a Police station or other place of confinement, in accordance with section 35
b: includes, if a child or young person is serving a sentence of imprisonment, detention of the child or young person under that sentence in a residence of the kind referred to in section 34A
c: does not include—
i: detention of a child or young person in Police custody, or in the custody of the chief executive, an Iwi Social Service, or a Cultural Social Service, and pending hearing, under section 238(1)﻿(d) or (e) Oranga Tamariki Act 1989
ii: detention of a kind referred to in section 37(1)﻿(a) or (b) Section 35 replaced 6 December 2014 section 19 Victims’ Rights Amendment Act 2014 Section 35(2)﻿(c)﻿(i) amended 14 July 2017 section 149 Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017
35A: Notice of cessation of, or absconding from, or death during, home detention of offender
The chief executive of the Department of Corrections must give a victim to whom this section applies—
a: reasonable prior notice of the offender ceasing to be subject to a sentence of home detention (including where the sentence of home detention is cancelled and substituted with another sentence under section 80F(4)
b: notice, as soon as practicable, of—
i: every instance of the offender, being on home detention, leaving the home detention residence (other than in accordance with his or her detention conditions) unless the offender sooner returns, or is returned to, the home detention residence:
ii: the offender's death during home detention or while subject to any post-detention conditions imposed under section 80N 80R
c: notice, shortly beforehand, of the expiry date of any post-detention conditions imposed under section 80N 80R Section 35A inserted 6 December 2014 section 19 Victims’ Rights Amendment Act 2014
35B: Notice of offender on temporary release escaping from lawful custody
If the accused or offender is temporarily released from custody under section 62(1)﻿(a) section 63(3) Section 35B inserted 22 August 2017 section 68 Enhancing Identity Verification and Border Processes Legislation Act 2017
36: Notice of convictions and sentences for breaching release or detention conditions
1: The chief executive of the Department of Corrections must give a victim to whom this section applies notice, as soon as practicable, of—
a: every conviction of the offender for an offence against section 71(1)
b: every conviction of the offender for an offence against section 80S(a) 80U(1)
i: any standard or special detention conditions of a sentence of home detention:
ii: any standard or special post-detention conditions of a sentence of home detention:
c: every conviction of the offender for an offence against section 96(1)
d: the sentence imposed on the offender in respect of a conviction referred to in paragraphs (a), (b), and (c).
2: Subsection (1) does not prevent the chief executive of the Department of Corrections giving a victim to whom this section applies notice of any other matters relating to the offender's compliance with release or detention conditions. Section 36 replaced 6 December 2014 section 20 Victims’ Rights Amendment Act 2014
36A: Notice of decisions on recall orders
1: The New Zealand Parole Board must give a victim to whom this section applies notice, as soon as practicable, of—
a: every decision to make an interim recall order, under section 62
b: every decision to make or to refuse to make a final recall order, under section 66
c: every decision to quash an interim recall order or a final recall order, being a decision made on a review under section 67
2: The chief executive of the Department of Corrections must give a victim to whom this section applies notice, as soon as practicable, of every decision to quash a final recall order, being a decision made on an appeal under section 68 Section 36A inserted 6 December 2014 section 20 Victims’ Rights Amendment Act 2014
37: Notice of discharge, leave of absence, or escape or death of accused or offender who is compulsorily detained in hospital
or facility
1: Without limiting sections 29 32B or facility or facility
a: as a special patient as defined in section 2(1) or as a special care recipient as defined in section 6(2)
b: under an order made under section 25(1)﻿(a) or (b) section 34(1)﻿(b)
2: The Director-General of Health must give a victim to whom this section applies—
a: reasonable prior notice of an impending discharge of the person or offender; and
b: reasonable prior notice of the first unescorted leave of absence from the hospital or facility granted to the person or offender under a leave provision; and
ba: reasonable prior notice of the first unescorted overnight leave of absence granted to the person or offender under a leave provision; and
c: notice, as soon as practicable, of every escape by the person or offender; and
d: notice, as soon as practicable, of the death (whether within or outside a hospital or facility
3: To avoid doubt, in subsection (2)﻿(b),— facility hospital
4: In this section, leave provision
a: section 31 50 52
b: section 65 66 67 1987 No 173 s 11A Section 37 heading amended 1 September 2004 section 51 Criminal Procedure (Mentally Impaired Persons) Act 2003 Section 37(1) amended 6 December 2014 section 21(1) Victims’ Rights Amendment Act 2014 Section 37(1) amended 1 September 2004 section 51 Criminal Procedure (Mentally Impaired Persons) Act 2003 Section 37(1)﻿(a) amended 1 September 2004 section 51 Criminal Procedure (Mentally Impaired Persons) Act 2003 Section 37(1)﻿(b) amended 1 September 2004 section 51 Criminal Procedure (Mentally Impaired Persons) Act 2003 Section 37(2)﻿(b) replaced 6 December 2014 section 21(2) Victims’ Rights Amendment Act 2014 Section 37(2)﻿(ba) inserted 6 December 2014 section 21(2) Victims’ Rights Amendment Act 2014 Section 37(2)﻿(d) amended 1 September 2004 section 51 Criminal Procedure (Mentally Impaired Persons) Act 2003 Section 37(3) inserted 6 December 2014 section 21(3) Victims’ Rights Amendment Act 2014 Section 37(4) inserted 6 December 2014 section 21(3) Victims’ Rights Amendment Act 2014
38: Exception to section 37 once certain offenders no longer liable to detention for sentence imposed for offence
1: This section applies if an offender referred to in section 37
a: was, when his or her liability to detention in a hospital or facility began, liable to be detained—
i: following an application under section 45(2) section 46
ii: following an application under section 29(1)
iii: under an order under section 34(1)﻿(a)
b: ceases, under section 48 section 69
2: If this section applies, the Director-General of Health must, instead of complying with section 37(2) Section 38(1) substituted 1 September 2004 section 51 Criminal Procedure (Mentally Impaired Persons) Act 2003
39: Notice of proposal to cancel or suspend liability for deportation
1: The chief executive of the department of State that is, with the authority of the Prime Minister, for the time being responsible for the administration of the Immigration Act 2009
a: a person is liable for deportation under the Immigration Act 2009
b: the Minister of Immigration is considering cancelling or suspending the person’s liability for deportation or the person appeals against his or her liability for deportation to the Immigration and Protection Tribunal.
2: If subsection (1) applies, the chief executive must—
a: advise each specified person (as defined in subsection (4)) that—
i: the Minister is considering suspending or cancelling the liability for deportation of the criminal offender; or
ii: the criminal offender has appealed against his or her liability for deportation to the Immigration and Protection Tribunal; and
b: request the specified person to provide to the chief executive the address of the victim of the offence, or of the victim's representative.
3: A specified person must, as soon as practicable after receiving a request under subsection (2)﻿(b), comply with that request if—
a: that address has been given or forwarded to the specified person under sections 32B to 33A
b: the specified person has not forwarded that address under section 33
4: For the purposes of subsection (2), each of the following persons is a specified person:
a: the Commissioner of Police:
b: the chief executive of the Department of Corrections:
c: the Director-General of Health.
5: If the victim’s address is given to the chief executive under subsection (2),—
a: the chief executive must, if practicable, give the victim notice that the Minister is considering cancelling or suspending the deportation liability of the offender under section 172
b: if a deportation liability notice has been served and the offender concerned appeals against that liability for deportation on humanitarian grounds under section 206
6: Failure to comply with subsection (2) or (5) does not invalidate any decision of the kind referred to in subsection (5)﻿(a) or a decision on an appeal of the kind referred to in subsection (5)﻿(b). Section 39 substituted 29 November 2010 section 406(1) Immigration Act 2009 Section 39(2)﻿(b) replaced 6 December 2014 section 22(1) Victims’ Rights Amendment Act 2014 Section 39(3) replaced 6 December 2014 section 22(2) Victims’ Rights Amendment Act 2014 Representatives for notice
40: Representatives for notice
A victim to whom this section applies may, for any reason he or she thinks fit, appoint any other person sections 34 to 39 sections 41 to 45 information Section 40 amended 6 December 2014 section 23 Victims’ Rights Amendment Act 2014
41: Effect of appointment of representative
1: If a representative of a victim is appointed, then, unless the appointment is terminated under section 44
a:
b: the information to which the appointment relates must be given to the representative, rather than to the victim; and
c: the representative must make all reasonable efforts to receive on the victim's behalf, and ensure that the victim is given and understands, the information to which the appointment relates.
2: However, despite subsection (1)﻿(b), if the information to which the appointment relates is a notice to be given to the victim under section 35(1)﻿(b)﻿(i) 35A(b)﻿(i) 35B 37(2)﻿(c)
a: there is a risk to the victim’s safety; and
b: that risk cannot in the circumstances be sufficiently managed by giving the notice to the representative. Section 41(1)﻿(a) repealed 6 December 2014 section 24 Victims’ Rights Amendment Act 2014 Section 41(2) inserted 22 August 2017 section 69 Enhancing Identity Verification and Border Processes Legislation Act 2017
42: Victim's support person may be or appoint representative
A victim's support person ( person A
a: the victim is not, or may not be, capable alone of appointing a representative; and
b: no representative of the victim has been appointed (whether in reliance on this section or not); and
c: person A has discussed the appointment proposed with the victim and with each other support person of the victim who person A knows, or ought reasonably to know, is another support person of the victim.
43: Method of appointment of representative
The appointment of a representative must be by a written notice that—
a: identifies the information to which the appointment relates; and
b: if the representative is appointed for a limited period only, states that period and when it starts; and
c: includes the representative's consent to the appointment; and
d: is given to the representative, and to the people who are to give the victim, through the representative, the information to which the appointment relates.
44: Termination of appointment
The appointment of a representative may be terminated by notice in writing given—
a: by the victim to both the representative and the people who were to give the victim, through the representative, the information to which the appointment relates; or
b: by the representative to the victim, and to the people who were to give the victim, through the representative, the information to which the appointment relates.
45: When notices take effect
A notice appointing, or terminating the appointment of, a representative, takes effect—
a: as soon as it has been given to everyone to whom it is required to be given under section 43(d) section 44(a) or (b)
b: if it has been given to each of those people, on any later date stated in it as the date on which it takes effect. Compliance with requirements to give notice
46: Ways in which notice required may be given
1: It is sufficient compliance with a requirement to give notice to a victim under any of sections 34 to 39
a: by telephoning the victim at a telephone number he or she gave as part of his or her
b: by posting it, or delivering it by courier or otherwise, to the victim at a postal address (for example, one of a house or office, letterbox, rural delivery box, document exchange box, or private box at a postal outlet) he or she gave as part of his or her
c: by sending it by fax machine to a fax number given by the victim as part of his or her
d: by sending it by email to the victim at the email address he or she gave as part of his or her
2: If, as required by section 41(1)﻿(b)
3: Nothing in subsection (1) or (2) prevents notice from being given by any other means. Section 46(1)﻿(a) amended 6 December 2014 section 25(1) Victims’ Rights Amendment Act 2014 Section 46(1)﻿(b) amended 6 December 2014 section 25(1) Victims’ Rights Amendment Act 2014 Section 46(1)﻿(c) amended 6 December 2014 section 25(1) Victims’ Rights Amendment Act 2014 Section 46(1)﻿(d) amended 6 December 2014 section 25(1) Victims’ Rights Amendment Act 2014 Section 46(2) replaced 6 December 2014 section 25(2) Victims’ Rights Amendment Act 2014 Section 46(3) inserted 6 December 2014 section 25(2) Victims’ Rights Amendment Act 2014 Participation in process under Parole Act 2002
47: Victim may participate in process for offender's release from prison
A victim to whom this section applies may participate in the process for making decisions about the offender's release from prison under sections 43(3) 49(4) Section 47 replaced 6 December 2014 section 26 Victims’ Rights Amendment Act 2014 Submissions on deportation of offender
48: Victim may make submission on consideration of cancellation or suspension of liability for deportation, or offender’s appeal against deportation
A victim to whom this section applies may make submissions to the Minister of Immigration and to the Immigration and Protection Tribunal, in accordance with sections 173 208 Section 48 substituted 29 November 2010 section 406(1) Immigration Act 2009
4: Miscellaneous provisions
Complaints and other ways in which rights may be enforced
49: Complaints
1: This section applies if a victim or person considers—
a: that he or she is entitled to be accorded a right under any of sections 11 to 21 28 to 48 51 section 50 specified provisions
b: that he or she has not been accorded the right.
2: The victim or person may complain to—
a: the person who, under the relevant specified provisions, appears to be required to accord the victim or person the right:
b: an Ombudsman, in accordance with the Ombudsmen Act 1975
c: the Independent Police Conduct Independent Police Conduct constable
d: the Privacy Commissioner, in accordance with the Privacy Act 2020
3: Any person who receives a complaint under subsection (2)﻿(a) must deal with the complaint promptly and fairly. Section 49(2)﻿(c) amended 1 October 2008 section 116(a)﻿(ii) Policing Act 2008 Section 49(2)﻿(c) amended 29 November 2007 section 26 Independent Police Conduct Authority Amendment Act 2007 Section 49(2)﻿(d) amended 1 December 2020 section 217 Privacy Act 2020 Section 49(3) inserted 6 December 2014 section 27 Victims’ Rights Amendment Act 2014
50: Other ways in which rights may be enforced
1: Except as provided in subsection (2), neither section 49
2: No person (for example, the Crown in right of New Zealand) may be required (for example, by any court, tribunal, or other body) to pay any money (whether by way of damages, compensation, or otherwise) to any other person just because of a breach of any of the specified provisions.
3: An example of the operation of subsection (2) is that the Human Rights Review Tribunal (as defined in section 7(1) Section 50(3) amended 1 December 2020 section 217 Privacy Act 2020
50A: Information about complaints to be included in annual report
1: Without limiting section 43
a: a summary of the services provided by that agency to victims (as defined in this Act):
b: statistical information about—
i: the number and type of complaints received by that agency under section 49
ii: the disposition of those complaints.
2: The agencies referred to in subsection (1) are—
a: the Crown Law Office:
b: the Department of Corrections:
c: the Ministry of Business, Innovation, and Employment
d: the Ministry of Justice:
e: the Ministry of Social Development:
f: the New Zealand Police. Section 50A inserted 6 December 2014 section 28 Victims’ Rights Amendment Act 2014 Section 50A(2)﻿(c) amended 4 April 2016 section 232 Health and Safety at Work Act 2015 Return of property held as evidence
51: Return of property held as evidence
1: Law enforcement agencies that hold property of a person (other than an offender) for evidentiary purposes must, to the extent that it is possible to do so, return it to the person as soon as practicable after they no longer need to hold it for those purposes.
2: Subsection (1) does not apply to a law enforcement agency if the person advises that agency that he or she does not want the property returned. 1987 No 173 s 7 Section 51(2) inserted 6 December 2014 section 29 Victims’ Rights Amendment Act 2014 Code for victims Heading inserted 7 June 2014 section 30 Victims’ Rights Amendment Act 2014
51A: Interpretation
In sections 51B to 51E code Minister Section 51A inserted 7 June 2014 section 30 Victims’ Rights Amendment Act 2014
51B: Secretary to prepare code
1: As soon as practicable after the commencement of this section, the Secretary must prepare a code.
2: The purpose of the code is to make available to victims information that is consistent with this Act and any other Act about—
a: the rights of victims; and
b: the services available to victims from government agencies and other organisations; and
c: the duties and responsibilities of government agencies when dealing with victims.
3: In preparing the code, the Secretary—
a: must consult the government agencies that provide services to victims; and
b: may consult any persons or representatives of persons as the Secretary considers appropriate. Section 51B inserted 7 June 2014 section 30 Victims’ Rights Amendment Act 2014
51C: Code to be approved by Minister
A code prepared under section 51B
a: it has been submitted to the Minister; and
b: the Minister, after being satisfied that appropriate consultation has been carried out under section 51B(3) Section 51C inserted 7 June 2014 section 30 Victims’ Rights Amendment Act 2014
51D: Publication of code
1: As soon as practicable after the code has been approved by the Minister, the Secretary must notify the approval of the code in the Gazette
2: The Secretary must—
a: promote awareness of the code in a variety of communications media; and
b: make copies of the code accessible to members of the public (whether electronically or otherwise). Section 51D inserted 7 June 2014 section 30 Victims’ Rights Amendment Act 2014
51E: Amendment to code
The Secretary may at any time amend the code in the manner provided in sections 51B to 51D Section 51E inserted 7 June 2014 section 30 Victims’ Rights Amendment Act 2014 Director-General of Health may delegate duties under Act
52: Director-General of Health may delegate duties
1: The Director-General of Health may delegate any of his or her duties under sections 33(3) 37 to 39
a: holds the office of Director or Deputy Director of Mental Health, pursuant to section 91
b: is a Director of Area Mental Health Services appointed under section 92 ; or
c: is a compulsory care co-ordinator appointed under section 140
2: The delegation—
a: must be in writing and signed by the Director-General:
b: must specify the duties delegated, and the person or persons to whom they are delegated (the delegates
c: does not prevent the Director-General from performing the duties delegated, or affect his or her responsibility for actions of the delegates:
d: is revocable at will by written notice to the delegates:
e: may be made subject to any terms and conditions stated in it the Director-General thinks fit:
f: may permit some or all of the delegates to delegate further the duties delegated, subject to any terms and conditions stated in it the Director-General thinks fit.
3: A delegate—
a: may perform the duties delegated in the same manner and with the same effect as if they had been conferred or imposed on the delegate directly by this Act; but
b: must perform them (and may further delegate them to the extent that the delegation permits) only in accordance with any terms and conditions stated in the delegation. Section 52(1)﻿(b) amended 1 September 2004 section 51 Criminal Procedure (Mentally Impaired Persons) Act 2003 Section 52(1)﻿(c) added 1 September 2004 section 51 Criminal Procedure (Mentally Impaired Persons) Act 2003 Amendments
53: Amendments
The Acts specified in Schedule 1 2014-12-06 Victims’ Rights Amendment Act 2011 New item inserted into the Schedule by the 2014 amendment: Repeal sections 4 to 7 Section 53 amended 21 December 2021 section 32 Sexual Violence Legislation Act 2021 Repeal
54: Victims of Offences Act 1987 repealed
The Victims of Offences Act 1987 (1987 No 173)