Prisoners' and Victims' Claims Act 2005

1: Title
This Act is the Prisoners’ and Victims’ Claims Act 2005.
2: Commencement
This Act comes into force on the day after the date on which it receives the Royal assent.
1: General provisions
3: Purpose of this Act
1: The purpose of subpart 1
2: The purpose of subpart 2
a: establish, require payments into, and regulate the operation of, a victims’ claims trust bank account; and
b: provide a procedure for the making and determination of victims’ claims.
2A: Subpart 2
a: the Legal Services Act 2011 subpart 2
b: the Privacy Act 2020
c: the Victims' Rights Act 2002
3: The purpose of subpart 3
4: The purpose of subpart 4
a: the provisions of this Act as in force immediately before 1 July 2013
b: this subsection and subpart 4 Prisoners' and Victims' Claims (Continuation and Reform) Amendment Act 2013 Section 3(2A) inserted 1 July 2013 section 5(1) Prisoners' and Victims' Claims (Continuation and Reform) Amendment Act 2013 Section 3(2A)﻿(b) amended 1 December 2020 section 217 Privacy Act 2020 Section 3(4) replaced 1 July 2013 section 5(2) Prisoners' and Victims' Claims (Continuation and Reform) Amendment Act 2013
4: Interpretation
In this Act, unless the context otherwise requires,— account section 54 accused action child person civil custody section 2(1) community-based sentence
a: a community-based sentence as defined in section 4(1)
b: a community-based sentence as defined in section 2(1)
c: a sentence of a similar kind to those referred to in paragraphs (a) and (b) (including, without limitation, a sentence of community care, a sentence of probation, or a sentence of residential periodic detention) imposed under an earlier corresponding enactment compensation
a: means any form of monetary compensation or damages (however described) required by a court or tribunal to be paid (including, without limitation, an amount of, or in the nature of, exemplary damages); and
b: for the purposes only of subpart 2
c: includes an amount or award of interest related to compensation or damages in paragraph (a) or (b); but
d: does not include an amount required or agreed to be paid as, or towards, the costs of making a claim Court Martial section 8 detention quarter Armed Forces Discipline Act 1971 fine
a: a sum of money adjudged or ordered to be paid by a conviction or order, whether described as a fine or as costs, expenses, fees, or otherwise:
b: any costs, expenses, or fees payable in respect of the enforcement of any fine as defined in paragraph (a) immediate family
a: means a member of the victim’s family, whānau, 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 a child of a person who is, or was, the victim’s spouse, civil union partner, or de facto partner; or
iii: the victim’s brother or sister or the child of a person who is, or was, the spouse, civil union partner, or de facto partner of a parent of the victim; or
iv: a parent of the victim or a person who is, or was, the spouse, civil union partner, or de facto partner of a 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 Judge Advocate General section 203 judgment offence
a: committed against the victim (or committed against a child or young person of whom the victim is a parent or legal guardian); or
b: 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
c: 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 offender section 5 penal institution parent section 2(1) Oranga Tamariki Act 1989 person arrested and detained under the Armed Forces Discipline Act 1971 pending release or trial
a: arrested for an alleged offence, and detained before being delivered into civil custody, service custody, or other custody, in connection with the offence; or
b: in any of those kinds of custody pending release, or pending trial for the alleged offence by a court of competent jurisdiction in or outside New Zealand person under control or supervision
a: a prisoner:
b: a person who is subject to a community-based sentence:
c: a person who is subject to a sentence of home detention imposed under section 80A
d: a person who is serving a sentence of imprisonment on home detention as defined in section 4(1) section 72 section 2(1)
e: a person who is subject to conditions—
i: under the Parole Act 2002 section 107I
ii: under section 80N 93
iii: of a similar kind under earlier corresponding enactments:
f: a person who is arrested and detained under the Armed Forces Discipline Act 1971
g: a service detainee or a service prisoner:
h: a person who is detained unlawfully—
i: immediately after, or because of recall or other return to custody after, ceasing to be a person to whom any of paragraphs (a) to (g) applied; and
ii: in the same manner as if he or she were a person to whom any of paragraphs (a) to (g) applies; and
iii: by or on behalf of the Crown (as defined in section 6(2) prison section 3(1) prisoner
a: a person (in section 7 2004 Act prisoner Corrections Act 2004
i: the chief executive (as defined in section 3(1)
ii: the Commissioner of Police; or
b: a person (in section 7 1954 Act prisoner Secretary Secretary of the Tribunal sentence of imprisonment
a: means a sentence of imprisonment imposed before or after the commencement of this Act and under any 1 or more enactments or other rules of law (for example, under the Armed Forces Discipline Act 1971 Sentencing Act 2002
b: includes the following (as defined in section 4(1)
i: a determinate sentence of imprisonment; and
ii: an indeterminate sentence of imprisonment; but
c: does not include a term of imprisonment imposed, whether by committal, sentence, or order, for—
i: non-payment of a sum of money; or
ii: disobedience of a court order; or
iii: contempt of court service detainee
a: undergoing a sentence, imposed under the Armed Forces Discipline Act 1971
b: in accordance with that Act, for the time being in or outside New Zealand—
i: in civil custody or service custody while awaiting delivery to the prison, penal institution, or service penal establishment in which he or she is to serve his or her sentence; or
ii: serving the term of his or her detention in a detention quarter, in service custody, or as field punishment service penal establishment section 2(1) service prison section 2(1) service prisoner
a: undergoing a sentence, imposed under the Armed Forces Discipline Act 1971 the Court Martial
b: in accordance with that Act, for the time being in or outside New Zealand—
i: in civil custody or service custody while awaiting delivery to the prison, penal institution, or service penal establishment in which he or she is to serve his or her sentence; or
ii: serving the sentence of imprisonment in a prison, penal institution, service prison, detention quarter, or in other service custody specified claim section 6 specified internal and external complaints mechanisms section 7 Tribunal
a: means a Victims’ Special Claims Tribunal referred to in section 58
b: in relation to a victim’s claim filed under section 28 section 30 victim section 8 victim’s claim section 9 young person Section 4 child amended 1 July 2019 section 50(1) Oranga Tamariki Legislation Act 2019 Section 4 Court Martial inserted 1 July 2009 section 87 Court Martial Act 2007 Section 4 home detention repealed 1 October 2007 section 58 Sentencing Amendment Act 2007 Section 4 parent amended 14 July 2017 section 149 Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 Section 4 person under control or supervision substituted 1 October 2007 section 58 Sentencing Amendment Act 2007 Section 4 person under control or supervision inserted 1 July 2013 section 6 Prisoners' and Victims' Claims (Continuation and Reform) Amendment Act 2013 Section 4 service detainee substituted 1 July 2009 section 81 Armed Forces Discipline Amendment Act (No 2) 2007 Section 4 service prisoner amended 1 July 2009 section 87 Court Martial Act 2007 Section 4 young person replaced 1 July 2019 section 50(2) Oranga Tamariki Legislation Act 2019
5: Offender
1: In this Act, offender
a: for the purposes only of subpart 3
i: convicted (alone or with others) by a court or the Court Martial
ii: on whom a court or the Court Martial sentence of imprisonment for the offence
b: for all other purposes, a person found guilty (alone or with others) by a court or the Court Martial Armed Forces Discipline Act 1971 the Court Martial
2: For the purposes of subsection (1)﻿(a), it does not matter whether, at the time the court or the Court Martial Section 5(1)﻿(a)﻿(i) amended 1 July 2009 section 87 Court Martial Act 2007 Section 5(1)﻿(a)﻿(ii) amended 1 July 2009 section 87 Court Martial Act 2007 Section 5(1)﻿(b) substituted 1 July 2009 section 81 Armed Forces Discipline Amendment Act (No 2) 2007 Section 5(2) amended 1 July 2009 section 87 Court Martial Act 2007
6: Specified claim
1: In this Act, specified claim plaintiff
a: an act or omission by or on behalf of the Crown (the defendant
i: before or after the commencement of this Act; and
ii: affecting the person as (including, without limitation, by making the person)
b: a breach of, or interference with, a specified right (the right concerned subpart 2
2: In this section,— a breach of, or interference with, a specified right
a: a breach of, or interference with, a right contained in and affirmed by the New Zealand Bill of Rights Act 1990
b: a breach of Part 1A Part 2
c: an interference with the privacy of an individual (within the meaning of section 69 Crown
a: section 3(1)
b: section 2(1) of the Penal Institutions Act 1954. Section 6(1)﻿(a)﻿(ii) amended 1 July 2013 section 7 Prisoners' and Victims' Claims (Continuation and Reform) Amendment Act 2013 Section 6(2) a breach of, or interference with, a specified right replaced 1 December 2020 section 217 Privacy Act 2020
7: Specified internal and external complaints mechanisms
1: In this Act, specified internal and external complaints mechanisms
a: for a 2004 Act prisoner, the following mechanisms:
i: the relevant prison’s internal complaints system, as required, defined, and facilitated by sections 151 to 155
ii: investigation of a complaint by a person appointed as an inspector of corrections under section 28 sections 156 to 159
iii: in relation only to a matter that is not more properly within the jurisdiction of another authority, official agency or body, or statutory officer, investigation by an Ombudsman or by an employee of the Office of the Ombudsmen of a complaint under the Ombudsmen Act 1975
b: for persons under control or supervision (other than 2004 Act prisoners) after the commencement of the Corrections Act 2004
i: the internal complaints system available at or through the relevant community work centre or probation office, or through the controlling officer of the relevant probation area, as required, defined, and facilitated by sections 151 to 155
ii: investigation of a complaint by a person appointed as an inspector of corrections under section 28 sections 156 to 159
iii: in relation only to a matter that is not more properly within the jurisdiction of another authority, official agency or body, or statutory officer, investigation by an Ombudsman or by an employee of the Office of the Ombudsmen of a complaint under the Ombudsmen Act 1975
c: for a 1954 Act prisoner, the following mechanisms:
i: the relevant penal institution’s internal complaints system, as required, defined, and facilitated by regulations 178 to 180 of the Penal Institutions Regulations 2000 or by any earlier corresponding enactment; and
ii: assistance from an outside agency (as defined in subsection (2)) for the purpose of resolving a complaint, as contemplated by regulations 181 and 182 of those regulations or by any earlier corresponding enactment; and
d: for persons under control or supervision (other than 1954 Act prisoners) before the commencement of the Corrections Act 2004
i: any internal complaints system available at or through the relevant community work centre or probation office, or through the controlling officer of the relevant probation area; and
ii: in relation only to a matter that is not more properly within the jurisdiction of another authority, official agency or body, or statutory officer, investigation by an Ombudsman or by an employee of the Office of the Ombudsmen of a complaint under the Ombudsmen Act 1975
e: for a service detainee or service prisoner, the following mechanisms:
i: investigation by a service authority of a complaint made under section 49
ii: investigation (for example, by a visiting officer) of a complaint made in accordance with relevant Defence Force Orders issued pursuant to sections 175 206
2: In this section,— 2004 Act prisoner 1954 Act prisoner section 4 outside agency
a: an inspector of penal institutions appointed under section 5 of the Penal Institutions Act 1954; or
b: in relation only to a matter that is not more properly within the jurisdiction of another authority, official agency or body, or statutory officer, an Ombudsman; or
c: a Visiting Justice, which, in relation to a penal institution, means—
i: a District Court Judge; or
ii: a Justice of the Peace appointed under section 10(2) of the Penal Institutions Act 1954 to be a Visiting Justice for that institution.
8: Victim
1: In this Act, victim
a: a person against whom an offence is committed by another person; and
b: 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
c: a parent or legal guardian of a child, or of a young person, who falls within paragraph (a) or (b), 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
d: 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.
2: To avoid doubt, if an offence is committed by a person, a victim
a: that offence; or
b: an offence relating to the same incident or series of incidents as that crime or offence.
3: Subsection (2) overrides subsection (1).
9: Victim’s claim
In this Act, victim’s claim
a: made by or on behalf of a victim; and
b: made against an offender; and
c: based on acts done or omitted to be done by the offender in committing the offence.
10: Act binds the Crown
This Act binds the Crown.
2: Prisoners’ and victims’ claims
1: Compensation sought by claims by prisoners, etc
11: Overview of this subpart
To help to achieve its purpose, when compensation is sought from a court or tribunal by a specified claim, this subpart—
a: ensures compensation is not awarded unless the plaintiff has first made reasonable use of the specified internal and external complaints mechanisms reasonably available to him or her; and
b: requires other remedies to be used if, in the particular circumstances, they are capable, alone or in combination, of providing effective redress; and
c: encourages timely mitigation of loss or damage by the plaintiff and the defendant if that is reasonably practicable; and
d: ensures the court or Tribunal takes into account specified matters (including the extent (if any) to which effective redress has been, or could be, provided otherwise than by compensation) before awarding compensation.
12: Application
1: This subpart applies only to proceedings—
a: in or before a court or tribunal; and
b: in which 1 or more specified claims are made; and
c: commenced on or after 1 July 2013.
2: If, under this section, this subpart applies to proceedings, this subpart applies to them both—
a: at first instance; and
b: on any appeal or rehearing. Section 12(1) replaced 1 July 2013 section 8 Prisoners' and Victims' Claims (Continuation and Reform) Amendment Act 2013
13: Restriction on awarding of compensation
1: No court or tribunal may, in proceedings to which this subpart applies, award any compensation sought by a specified claim unless satisfied that—
a: the plaintiff has made reasonable use of all of the specified internal and external complaints mechanisms reasonably available to him or her to complain about the act or omission on which the claim is based, but has not obtained in relation to that act or omission redress that the court or Tribunal considers effective; and
b: another remedy, or a combination of other remedies, cannot provide, in relation to the act or omission on which the claim is based, redress that the court or Tribunal considers effective.
2: In this section, reasonable use
14: Guiding considerations for awarding of compensation
1: A court or tribunal must take into account the matters specified in subsection (2) in determining, in proceedings to which this subpart applies,—
a: whether compensation is required to provide effective redress; and (if it is)
b: the quantum of an award of compensation required to provide effective redress.
2: The matters referred to in subsection (1) are—
a: the extent (if any) to which the plaintiff, the defendant, or both took, within a reasonable time, all reasonably practicable steps to mitigate loss or damage arising from the act or omission on which the claim is based; and
b: whether the defendant’s breach of, or interference with, the right concerned was deliberate or in bad faith; and
c: the relevant conduct of the plaintiff; and
d: the consequences for the plaintiff of the breach of, or interference with, the right concerned; and
e: the freedoms, interests, liberties, principles, or values recognised and protected by the right concerned; and
f: any need to emphasise the importance of, or deter other breaches of or other interferences with, the right concerned; and
g: the extent (if any) to which effective redress in relation to that act or omission has been, or could be, provided otherwise than by compensation; and
h: any other matters the court or Tribunal considers relevant.
3: In this section, the right concerned section 6
15: Subpart does not prevent complaints or access to assistance
Nothing in this subpart prevents a person under control or supervision from complaining to, or seeking the assistance of, an authority, official agency or body, or statutory officer.
16: Expiry of subpart
Section 16 repealed 1 July 2013 section 9 Prisoners' and Victims' Claims (Continuation and Reform) Amendment Act 2013
2: Victims’ claims
Payment of money into account and information about filing claims
17: Compensation of prisoners, etc, must be paid to Secretary
1: A person must pay to the Secretary, immediately, all money that, after the commencement of this Act, the person becomes liable to pay as compensation and—
a: in satisfaction of a court's or tribunal's final judgment—
i: on a specified claim
ii: given after the commencement, on 4 June 2005, of this Act
b: as, or as part of, an out-of-court final settlement—
i: of a specified claim
ii: concluded after the commencement, on 4 June 2005, of this Act
2: For the purposes of subsection (1)﻿(a), a judgment of a court or tribunal (whether at first instance or on appeal) is final—
a: when the time for filing appeals against the judgment expires and no appeals of that kind have been filed; or
b: if appeals against the judgment may be brought or heard only by leave, when—
i: the time for applying for leave expires and no application for leave has been made; or
ii: all applications for leave have been withdrawn or finally determined and declined; or
iii: no party granted leave to appeal has, within the time for commencing an appeal, commenced an appeal; or
c: when all appeals against the judgment have been withdrawn or finally determined.
3: Nothing in subsection (1)﻿(b) applies to an out-of-court final settlement of a specified claim containing a provision to the effect that it is a settlement that is not subject to this subpart.
4: Subsection (1) applies even if that money is also—
a: required to be paid to a creditor of the accused or the offender; or
b: liable to be attached or taken in execution at the instance of a creditor of the accused or the offender.
5: In subsection (4), a creditor Child Support Act 1991 Student Loan Scheme Act 2011
6: No person has a right of action against the Crown, an agent of the Crown, or any other person, in respect of any investment or payment of money permitted or required by this subpart or by regulations made under section 57 Section 17(1)﻿(a) substituted 1 July 2010 section 7 Prisoners' and Victims' Claims (Expiry and Application Dates) Amendment Act 2010 Section 17(1)﻿(a)﻿(i) amended 1 July 2013 section 10(1) Prisoners' and Victims' Claims (Continuation and Reform) Amendment Act 2013 Section 17(1)﻿(a)﻿(ii) amended 1 July 2013 section 10(2) Prisoners' and Victims' Claims (Continuation and Reform) Amendment Act 2013 Section 17(1)﻿(b) substituted 1 July 2010 section 7 Prisoners' and Victims' Claims (Expiry and Application Dates) Amendment Act 2010 Section 17(1)﻿(b)﻿(i) amended 1 July 2013 section 10(3) Prisoners' and Victims' Claims (Continuation and Reform) Amendment Act 2013 Section 17(1)﻿(b)﻿(ii) amended 1 July 2013 section 10(4) Prisoners' and Victims' Claims (Continuation and Reform) Amendment Act 2013 Section 17(5) amended 1 April 2012 section 223 Student Loan Scheme Act 2011
18: Secretary deducts money for legal aid, reparation, and earlier orders, then pays surplus into account
1: On receiving money under section 17
a: first, pay out of that money any sum necessary to satisfy fully any relevant charge—
i: in favour of the Legal Services Commissioner
ii: on proceeds of proceedings relating to the specified claim, and to which a grant of legal aid relates; and
iii: arising by operation of section 36
b: second, pay out of that money any sum necessary to satisfy fully any amounts of reparation owed by the accused or the offender; and
c: third, pay out of that money any sum necessary to satisfy fully any amounts owed by the accused or the offender under any relevant order made under section 46 section 17
d: fourth, pay any surplus remaining into the account.
2: In this section,— amounts of reparation
a: an amount due under a sentence of reparation imposed under—
i: the Sentencing Act 2002
ii: the Criminal Justice Act 1985
b: an amount due under an order of reparation order of reparation
a: an order under section 106 section 108 section 110
b: an order under section 84(1)﻿(b) Oranga Tamariki Act 1989
c: an order under section 283(f) or (g) Oranga Tamariki Act 1989
d: an order that—
i: requires the payment of an amount to compensate, or to make restitution to, the victim of an offence against an enactment; and
ii: is declared by the Governor-General, by Order in Council ( see Part 3
3: Subsection (1)﻿(b) applies regardless of the conditions of a relevant sentence of reparation or order of reparation, for example, any conditions in respect of the following matters:
a: whether the total amount of reparation to be paid is to be paid in 1 lump sum or in instalments:
b: if the amount is to be paid in 1 lump sum, whether it is to be paid immediately or at some specified future date:
c: if the amount is to be paid in instalments, the frequency and amounts of the instalments.
4: An order under paragraph (d)﻿(ii) of the definition of order of reparation in subsection (2) is secondary legislation ( see Part 3 The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication PCO must publish it on the legislation website and notify it in the Gazette LA19 s 69(1)﻿(c) Presentation The Minister must present it to the House of Representatives LA19 s 114 cl 32(1)﻿(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 18(1)﻿(a)﻿(i) amended 24 October 2019 section 112 Statutes Amendment Act 2019 Section 18(1)﻿(a)﻿(iii) amended 1 July 2011 section 144 Legal Services Act 2011 Section 18(2) order of reparation amended 14 July 2017 section 149 Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 Section 18(2) order of reparation amended 14 July 2017 section 149 Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 Section 18(2) order of reparation replaced 13 February 2012 section 4 Prisoners' and Victims' Claims Amendment Act 2011 Section 18(2) order of reparation amended 28 October 2021 section 3 Secondary Legislation Act 2021 Section 18(4) inserted 28 October 2021 section 3 Secondary Legislation Act 2021
19: Status of money paid to Secretary or into account
1: Money paid into the account, or to the Secretary, in accordance with this subpart, may be paid out only in accordance with this subpart or regulations made under section 57
2: In particular, until paid out to the accused or the offender in accordance with this subpart or regulations made under section 57
a: not available for the payment of a creditor of the accused or the offender; and
b: not liable to be attached or taken in execution at the instance of a creditor of the accused or the offender.
3: In subsection (2), a creditor Child Support Act 1991 Student Loan Scheme Act 2011
4: Money paid into the account, in accordance with this subpart, is money paid to the Crown in trust for the accused or the offender.
5: Nothing in Part 7 Section 19(3) amended 1 April 2012 section 223 Student Loan Scheme Act 2011
20: Secretary to give notice of payments into account, etc
1: After paying money into the account under section 18(1)﻿(d)
a: give a written notice communicating—
i: the fact that compensation is required to be paid to the accused or the offender; and
ii: the fact that, under this subpart, the compensation must be paid to the Secretary and he or she must, after making certain deductions, pay any surplus remaining into the account; and
iii: the name and other identifying details of the accused or the offender; and
iv: the amount of money paid into the account; and
v: the date on which the payment was made; and
b: explain in the notice that the money paid into the account must be held in trust for the accused or the offender until it is paid out in accordance with this subpart or regulations made under section 57
c: give in the notice general information about how victims of the person for whom money is required to be held in trust might file a victim’s claim under section 28
2: This section and section 21
a: any report or account of the whole or any part of proceedings (including, without limitation, the evidence adduced or the submissions made); or
b: the name of any person, or any name or particulars likely to lead to the identification of that person; or
c: the affairs of any person.
21: How and to whom notice, etc, given
1: The notice required by section 20
a: by being served on people—
i: whom the Secretary reasonably believes may be or are victims of the accused or the offender; and
ii: whose contact details are available to the Secretary; and
b: by being sent to the chief executive of each government department that the Secretary believes may have an interest in the matter.
2: If the notice required by section 20
3: However, if the notice required by section 20
4: The methods referred to in subsections (2) and (3) are—
a: publication in the Gazette
b: publication through a site on the Internet that is publicly accessible at all reasonable times; and
c: publication in daily newspapers published in Auckland, Hamilton, Wellington, Christchurch, and Dunedin.
5: The Secretary is not required by this section to give a person, by any method, the notice required by section 20
6: The Secretary must send the Secretary of the Tribunal a copy of every notice required by section 20
22: Single process for 2 or more payments in same period
If a notice required by section 20
a: be given as an addition to the previous notice; and
b: indicate that, under section 28(2)﻿(c)
i: the close of the day that is 6 months after the sending date of the previous notice; and
ii: the close of the day that is 2 months after the sending date of the notice.
23: Sending date: what it means
In sections 22 28 sending date section 20
a: the date that is 2 months after the date of the payment; or
b: the date on which the notice is first given in accordance with section 21
24: Secretary’s duties for purposes of section 21
1: The Secretary must, for the purposes of section 21
2: Those steps include requesting under section 33A
a: who may be or is a victim of the accused or the offender; and
b: who asked for notice of certain matters under that Act and gave his or her current address for that purpose.
3: To help to identify, and ascertain the contact details of, people who may be or are victims of the accused or the offender, the Secretary may, by making a request for the purpose to the appropriate Registrar or Judge Advocate General, and without paying a fee, access or search, inspect, and take or be issued with copies of or extracts from, court documents or records that—
a: relate to criminal proceedings, proceedings of a disciplinary officer under the Armed Forces Discipline Act 1971
b: are or may be relevant to that purpose.
4: Those court documents or records include the ones specified in section 35(2)﻿(a) to (d)
5: The Secretary is not required by this section to take steps to ascertain the contact details of a person if the Secretary believes on reasonable grounds that a limitation defence could be pleaded successfully in response to a victim’s claim made by that person. Section 24(3)﻿(a) substituted 1 July 2009 section 81 Armed Forces Discipline Amendment Act (No 2) 2007
25: Access to records of
the Court Martial
1: This section applies to a document or record specified in section 35(2)﻿(c) or (d) section 24(3)
2: The Secretary cannot access or search, inspect, and take or be issued with copies or extracts from, the document or record.
3: The Judge Advocate General may, if he or she thinks fit, perform the Secretary’s duties under sections 20 to 24
4: This section overrides sections 20 to 24 Section 25 heading amended 1 July 2009 section 87 Court Martial Act 2007
26: Procedure if no victims of accused or offender
1: The Secretary must apply to a Tribunal for an order that all money held in the account for the accused or the offender be paid to the accused or the offender promptly if the Secretary—
a: has, under section 24
b: is satisfied that there are no people who may be or are victims of the accused or the offender.
2: On an application under subsection (1), the Tribunal must,—
a: if satisfied that there are no people who may be or are victims of the accused or the offender, order that the Secretary is not required to give notice under sections 20 21
b: in every other case, order that the Secretary is required to give notice under sections 20 21
3: The Secretary must comply with the order of the Tribunal.
4: Subsection (3) applies subject to the prior implementation of any provision of an out-of-court final settlement of a specified claim requiring compensation to be withheld from the accused or the offender and used to satisfy outstanding fines of the accused or the offender.
27: Service of notices
1: A notice or other document required by this Act to be served on, or given to, a person is sufficiently served if it is—
a: delivered personally to the person; or
b: delivered to the person at the person’s usual or last known place of residence or business; or
c: sent by fax or email to the person’s fax number or email address; or
d: posted in a letter addressed to the person at the person’s usual or last known place of residence or business.
2: If the person is absent from New Zealand, the notice or other document may be served on or given to the person’s agent in New Zealand.
3: If the person is deceased, the notice or other document may be served on or given to the person’s personal representatives.
4: A notice or other document sent to a person by post must, unless the contrary is shown, be treated as having been served 5 working days after it was posted
5: Despite anything in subsections (1) to (4), a Tribunal may in any circumstances make an order directing the manner in which a notice or other document is to be served or given, or dispensing with the service or giving of the notice or document. Section 27(4) amended 14 November 2018 section 173 Tribunals Powers and Procedures Legislation Act 2018 Procedure for making and determination of victims’ claims
28: Filing of claims
1: A victim’s claim may be filed by or on behalf of a person if—
a: a notice is given under section 20
b: in the case where the money is required to be paid in trust for an accused, the accused is an offender (whether by reason of any earlier finding of guilt or entry of a plea of guilty in relation to an offence, or by reason of a finding of guilt or entry of a plea of guilty, after the giving of the notice under section 20
c: the person is a victim of the offender and has not obtained, and is not seeking, a judgment—
i: in respect of the conduct on which the claim is based; and
ii: in civil proceedings against the offender in the District Court
2: The claim must be—
a: in a form approved for the purpose by the chief executive of the Ministry of Justice after consulting the Chief District Court Judge; and
b: filed with the Secretary of the Tribunal; and
c: filed before the deadline specified in subsection (3).
3: The deadline referred to in subsections (2), (4), and (5) is,—
a: if the notice is, under section 22
i: the close of the day that is 6 months after the sending date of the previous notice; and
ii: the close of the day that is 2 months after the sending date of the notice; and
b: in every other case, the close of the day that is 6 months after the sending date of the notice.
4: The Tribunal may permit a victim’s claim to be filed within a further period it specifies if it is satisfied that the victim was prevented by factors beyond his or her control from filing the claim before the deadline.
5: The Tribunal’s power under subsection (4) is exercisable on a written application for the purpose filed with the Secretary of the Tribunal before the deadline. Section 28(1)﻿(c)﻿(ii) amended 1 March 2017 section 261 District Court Act 2016 Section 28(2)﻿(a) replaced 30 November 2022 section 92 Statutes Amendment Act 2022
29: No filing fees payable
No fee is payable to the Secretary of the Tribunal for filing a document relating to, or for the Tribunal hearing or determining, a victim’s claim filed under this subpart.
30: Secretary of Tribunal to refer claims filed to Tribunal
1: The Secretary of the Tribunal must, as soon as practicable after a claim or application is filed under section 28
2: The appropriate Tribunal
a: a notice required by section 20 notice
b: a notice that, under section 22
3: The Chief District Court Judge may designate a Tribunal for 1 or more specified groups of claims, or 1 or more specified classes of groups of claims, filed under section 28
4: The Chief District Court Judge may designate another Tribunal to deal with some or all of a claim or application if the Tribunal to which it has been referred under this section is, because of exceptional circumstances, unable to deal with all or that part of the claim or application.
5: However, the Chief District Court Judge must consult with the Judge Advocate General before designating a Tribunal under this section if a claim to which the designation relates involves an offender convicted by the Court Martial, or found guilty by a disciplinary officer, under the Armed Forces Discipline Act 1971 Section 30(5) substituted 1 July 2009 section 87 Court Martial Act 2007
31: Offender to be given copy of claim and reasonable opportunity to make written submission on it
1: Before determining a victim’s claim, the Tribunal must—
a: serve a copy of the claim on the offender; and
b: give him or her a reasonable opportunity to make written submissions on the claim.
2: A copy of the claim must be served on the offender as soon as practicable after it is filed under section 28
3: Information that identifies, or that may lead to the identification of, the address of the place where the victim lives must be removed from the copy of the claim served on the offender unless, in the Tribunal’s opinion, that information is necessary to ensure that the offender is fully and fairly informed of the nature of the claim.
4: The Tribunal gives the offender the reasonable opportunity required by subsection (1) by requiring his or her written submissions to be filed with the Secretary of the Tribunal—
a: within 60 days after the expiry of the periods specified in section 33(a)
b: within a further period the Tribunal is satisfied, on an application for the purpose before the expiry of that 60-day period, is justified by exceptional circumstances.
5: In determining under subsection (4)﻿(b) whether it is satisfied a further period is justified by exceptional circumstances, the Tribunal must have regard to the number and complexity of the victims’ claims filed against the offender.
6: The Tribunal must, as soon as practicable, serve on a victim a copy of all submissions filed by the offender and relating to that victim.
32: Procedure if no claims filed
1: If, at the expiry of the periods specified in section 33(a) section 28
a: the Secretary of the Tribunal must advise the Secretary of that fact; and
b: the Secretary must pay to the accused or the offender promptly all amounts of money held in the account for the accused or the offender.
2: Subsection (1)﻿(b) applies subject to the prior implementation of any provision of an out-of-court final settlement of a specified claim requiring compensation to be withheld from the accused or the offender and used to satisfy the accused’s or the offender’s outstanding fines.
33: Period to allow all claims, offender’s submissions, etc
The Tribunal cannot determine a victim’s claim filed under section 28
a: the 6-month period in section 28(3)
b: the offender has been given the reasonable opportunity to make written submissions referred to in section 31
c: any oral submissions the Tribunal has agreed to hear under section 38
34: Claims determined on papers
1: Unless the Tribunal determines under section 38
a: neither the parties nor their representatives may appear before the Tribunal; and
b: the claim must be determined by the Tribunal on the basis of the written material before it.
2: Consideration of written material before the Tribunal may be undertaken in whatever manner it thinks fit.
35: Access to relevant court documents or records
1: To help to determine a claim filed under section 28
a: relate to criminal proceedings, proceedings of a disciplinary officer under the Armed Forces Discipline Act 1971
b: are or may be relevant to the determination of the claim.
2: Those court documents or records include—
a: criminal records kept under section 184
i: a reserved decision entered in those records; and
ii: a minute or memorandum of criminal proceedings in the District Court in its
b: documents referred to in the Criminal Proceedings (Search of Court Records) Rules 1974
i: the register of persons to be tried or sentenced
ii: a file, or part of a file, or document relating to a criminal proceeding; and
c: records of Court Martial section 75
d: any documents or records (for example, a charge report) created in connection with, and retained after, the summary trial or disposal of a charge by a disciplinary officer under the Armed Forces Discipline Act 1971 Section 35(1)﻿(a) substituted 1 July 2009 section 87 Court Martial Act 2007 Section 35(2)﻿(a) amended 1 July 2013 section 413 Criminal Procedure Act 2011 Section 35(2)﻿(a)﻿(ii) amended 1 March 2017 section 261 District Court Act 2016 Section 35(2)﻿(b)﻿(i) amended 1 July 2013 section 413 Criminal Procedure Act 2011 Section 35(2)﻿(c) amended 1 July 2009 section 87 Court Martial Act 2007 Section 35(2)﻿(d) substituted 1 July 2009 section 81 Armed Forces Discipline Amendment Act (No 2) 2007
36: Access to records of
Court Martial
1: This section applies to a document or record specified in section 35(2)﻿(c) or (d)
2: The Tribunal must not access or search, inspect, and take or be issued with copies or extracts from, the document or record, and must not use it for the purpose in section 35(1)
3: The Tribunal must comply with, and take all reasonably practicable steps to ensure others comply with, conditions specified by the Judge Advocate General.
4: This section overrides section 35 Section 36 heading amended 1 July 2009 section 87 Court Martial Act 2007
37: Relevant findings in criminal proceedings or proceedings of
Court Martial
1: A finding of fact is conclusive evidence of the matters to which it relates for the purposes of the determination of a victim’s claim filed under section 28
a: is recorded in a court document or record referred to in, and accessed under, section 35(1)
b: is, in the Tribunal’s opinion, relevant to the determination of the claim.
2: In this section, a finding of fact
a: a fact agreed on by the prosecutor and the offender; or
b: a fact, express or implied, that was essential to a plea of guilty or a finding of guilt; or
c: a fact disclosed by evidence at the hearing or trial, accepted as proved, and recorded in a decision.
3: This section does not affect rights of appeal under section 51 Section 37 heading amended 1 July 2009 section 87 Court Martial Act 2007
38: Tribunal may also hear submissions in exceptional cases
1: The Tribunal may also hear oral submissions from the parties to a victim’s claim (or from their representatives) if satisfied that exceptional circumstances make that necessary in the interests of justice.
2: In determining whether to hear oral submissions, the Tribunal must consider—
a: the nature of the victim’s claim; and
b: the complexity of the issues concerned; and
c: the amount claimed; and
d: any other matters it considers relevant.
3: If it agrees to hear oral submissions, the Tribunal must as soon as practicable—
a: fix a time and place for the hearing; and
b: give all parties notice of the time and place fixed.
4: The Tribunal may alter the time and place fixed for the hearing, or adjourn it from time to time and from place to place.
39: Power to require information, documents, or answers
1: If it considers it necessary or desirable for the determination of a victim’s claim filed under section 28
a: to give the Tribunal any information or class of information, or to answer any questions, specified in the notice; or
b: to produce to the Tribunal, or to a person specified in the notice acting on the Tribunal’s behalf in accordance with the notice, any document or class of documents specified in the notice; or
c: to appear before the Tribunal, or before a person specified in the notice acting on the Tribunal’s behalf in accordance with the notice, at a time and place specified in the notice, and answer questions related to matters specified in the notice.
2: Information required by a notice under subsection (1)﻿(a) must be given in writing and,—
a: if given by a natural person, must be signed by the person; and
b: if given by a body corporate, must be signed by an officer authorised to sign on behalf of the body corporate.
3: A person on whom a written notice under subsection (1) is served, or who, in accordance with a notice of that kind, appears before the Tribunal or a person acting on its behalf to answer questions, has the same privileges and immunities as witnesses and counsel in courts of law.
4: This section does not limit or affect an enactment, rule of law, or order or direction of a court or tribunal that prohibits or restricts—
a: the making available of information or documents sought by, or sought by questions asked under, a notice under subsection (1); or
b: the manner in which information or documents of that kind may be made available.
5: Every person commits an offence against this section, and is liable on Section 39(5) amended 1 July 2013 section 413 Criminal Procedure Act 2011
40: Power to maintain order at hearings, etc
For the purposes of dealing with the matters before it, a Tribunal has the powers of the District Court Section 40 amended 1 March 2017 section 261 District Court Act 2016
41: Power to restrict publication of proceedings, etc
1: If a victim’s claim is filed under section 28
a: an order forbidding publication of a report or account of the whole or a part of—
i: the evidence adduced:
ii: the submissions made:
iii: a document, or information, filed with the Secretary of the Tribunal, or received by or on behalf of the Tribunal in connection with the claim:
b: an order forbidding the publication of—
i: the name of a person, or a name or particulars likely to lead to the identification of that person:
ii: the affairs of a person:
c: a direction forbidding inspection without the Tribunal’s leave of a document filed with the Secretary of the Tribunal, or received by or on behalf of the Tribunal in connection with the claim:
d: an order excluding all or any persons other than the parties to the proceedings, a lawyer engaged in the proceedings, and an officer of the Tribunal, from the whole or a part of the proceedings.
2: In exercising a power under subsection (1), the Tribunal must have regard to—
a: the interests of every person affected (including, without limitation, the privacy of a victim); and
b: the public interest.
3: The Tribunal may make or give an order or direction under this section on its own initiative or on the application of a party to the proceedings.
4: Every application to the Tribunal for an order or direction under this section may be heard in public or in chambers.
5: An order or direction under subsection (1)﻿(a) or (b) or (c)—
a: may be made or given for a limited period or permanently; and
b: if it is made or given for a limited period, may be renewed for a further period or periods by the Tribunal under section 42
c: if it is made or given permanently, may be reviewed by the Tribunal at any time under section 42 1997 No 92 s 39
42: Application for renewal or review of order or direction under section 41
1: If an order or direction is made or given under section 41(1)﻿(a) or (b) or (c)
a: for a renewal of the order or direction, if the order or direction was made or given for a limited time; or
b: for a review of the order or direction, if the order or direction was made or given permanently.
2: An application may be made under subsection (1) by a person who was a party to the proceedings in which the order or direction was made or given or by any other person.
3: After considering an application under this section, the Tribunal may renew, revoke, vary, or continue the order or direction as the Tribunal thinks fit. 1997 No 92 s 40
43: Contravention of orders or directions under section 41
1: Every person commits an offence who breaches an order or direction made or given under section 41(1)﻿(a) or (b) or (c) or (d)
2: Every person who commits an offence against subsection (1) is liable on
a: in the case of an individual, to a fine not exceeding $3,000
b: in the case of a body corporate, to a fine not exceeding $5,000. 1997 No 92 s 41 Section 43(2) amended 1 July 2013 section 413 Criminal Procedure Act 2011 Section 43(2)﻿(a) amended 14 November 2018 section 174 Tribunals Powers and Procedures Legislation Act 2018
44: Availability of documents filed in connection with claims
1: The availability of documents filed with the Secretary of the Tribunal, filed in the Tribunal, or accessed under section 35 the District Court
2: For the purposes of this section, a direction given by the Tribunal forbidding inspection of a document without the Tribunal’s leave must be treated as if it were given by, and required the leave of, a District Court Judge.
3: Nothing in this section applies to a document or record to which section 31(3) section 36 Section 44(1) amended 1 March 2017 section 261 District Court Act 2016
45: Other aspects of procedure
Subject to sections 28 to 44 46 59 60 and any practice notes issued under section 60A Section 45 amended 14 November 2018 section 175 Tribunals Powers and Procedures Legislation Act 2018
46: Tribunal to determine group of claims received
1: The Tribunal must determine together as a group victims’ claims (including related questions as to interest and costs) filed under section 28
a: a notice required by section 20 notice
b: a notice that, under section 22
2: The Tribunal must not accept a victim’s claim unless satisfied, on the balance of probabilities, that—
a: the claimant is a victim of the offender; and
b: the victim has, through or by means of the offence, suffered injury, loss, or damage for which the victim has not received, and is not to receive, effective redress; and
c: the claim discloses a cause of action that is, under the general law, one for which damages are, in the particular case, payable.
3: If the Tribunal accepts a victim’s claim it may, after having had regard to all other related claims accepted by it, order that an amount of money must be paid to the victim concerned.
4: The Tribunal may also order that an amount of money must be paid to the victims concerned if the payment proposed is—
a: agreed to by all victims and the offender concerned; and
b: one that the Tribunal considers is reasonable by way of final settlement of the victims’ claims concerned.
5: The Tribunal’s determination of a group of claims filed under section 28
47: Further provisions on determination of claims received
1: The Tribunal must determine any amounts to be paid to victims without taking account in any way of the amount of money actually held in the account for the offender.
2: In determining whether to order under section 46(3) or (4)
3: The Tribunal may, if it thinks fit, include in the amount ordered to be paid to a victim under section 46(3) or (4) Schedule 2
4:
5:
6: Without limiting the Tribunal’s powers, the Tribunal may dismiss a victim’s claim if satisfied that it is frivolous, vexatious, or made solely for the purpose of delay. Section 47(3) replaced 1 January 2018 section 29 Interest on Money Claims Act 2016 Section 47(4) repealed 1 January 2018 section 29 Interest on Money Claims Act 2016 Section 47(5) repealed 1 January 2018 section 29 Interest on Money Claims Act 2016
48: Implementation of order
1: The Secretary must implement promptly an order under section 46
a: if, at the expiry of the 20-working-day period in section 51(3)﻿(b) period appeals applications
b: if every application filed within the period has been withdrawn, or has been finally determined and declined; or
c: if, at the expiry of all further time allowed under section 51(3)﻿(b)
d: once all appeals filed within the period, or filed within further time allowed under section 51(3)﻿(b)
2: However, if an application has been filed after the expiry of the period, the Secretary may defer implementing the order until any resulting appeal is withdrawn or finally determined.
3: If the amounts to be paid under the order are, in total, equal to or less than the amount of money held in the account for the offender, the Secretary must implement the order fully by paying from the money held in the account for the offender the amounts to be paid under the order to the victims concerned.
4: If the amounts to be paid under the order are, in total, more than the amount of money held in the account for the offender, the Secretary must implement the order in part by paying the money held in the account for the offender to the victims concerned on a proportional basis by reference to the amounts to be paid under the order to each of those victims.
5: Implementation of an order in part, under subsection (4), does not prevent any or all of the victims concerned from enforcing their entitlements under the order against the offender, and the partially implemented order may be enforced—
a: by way of a deduction, under section 18(1)﻿(c) section 17
b: under subsection (6), as if it were a judgment of the District Court.
6: A copy of a partially implemented order under section 46 section 50(3)﻿(b) the District Court Section 48(6) amended 1 March 2017 section 261 District Court Act 2016
49: Procedure if victim or others entitled cannot be found
1: The Secretary must pay the money to the offender promptly if the Secretary is, 1 year after first being required by section 48(3) or (4)
2: Subsection (1) applies subject to the prior implementation of any provision of an out-of-court final settlement of a specified claim requiring compensation to be withheld from an offender and used to satisfy the offender’s outstanding fines.
3: This section overrides section 48
50: Order under section 46 must be varied in certain circumstances
1: This section applies if, after an order is made under section 46
a: without an order for retrial; or
b: with a retrial being ordered but the retrial—
i: is not proceeded with; or
ii: does not result in a conviction; or
iii: is ended by a stay of proceedings.
2: If this section applies, the person whose conviction was set aside may file with the Tribunal any court record or other official document that records any or all of the matters referred to in subsection (1).
3: If the Tribunal is satisfied, on receiving any record or other official document under subsection (2), that this section applies, the Tribunal must—
a: vary the relevant order made under section 46
b: if any money has been paid to a victim under that order, order that that money be repaid to the person whose conviction was set aside, together with interest on that sum at the prescribed rate.
51: Appeal to High Court
1: A party to a claim determined under section 46
2: However, no party may appeal against an order made by the Tribunal with the agreement of all parties under section 46(4)
3: An appeal must be—
a: brought by way of notice of appeal in accordance with rules of court; and
b: filed within 20 working days after notice of the decision or order is communicated to the appellant, or within any further time a High Court Judge allows on application made before or after the period expires.
4: On any appeal under this section, the High Court may—
a: make any determination or determinations it thinks should have been made:
b: direct the Tribunal to—
i: consider or determine (whether for the first time or again) any matters the High Court directs; or
ii: rehear the proceeding:
c: make any order or further order it thinks fit.
5: The relevant order under section 46
52: Release of surplus money to offender
1: The Secretary must pay to the offender promptly any amount of money that continues to be held in the account for the offender after an order under section 46 section 48(3)
2: Subsection (1) applies subject to the prior implementation of any provision of an out-of-court final settlement of a specified claim requiring compensation to be withheld from an offender and used to satisfy the offender’s outstanding fines.
53: End of process to be notified publicly in certain cases
1: The Secretary must, by notice in the Gazette
a: paid the money into the account under section 18(1)﻿(d)
b: gave the notice of the payment of the money required by section 20 section 21(4)
c: has, under a section specified in subsection (2), paid out all or the last of the money.
2: The sections referred to in subsection (1)﻿(c) are—
a: section 32
b: section 48(3) or (4)
c: section 49(2)
d: section 52
e: section 56
3: The notice in the Gazette
4: A copy of every notice required by subsection (1) must be sent by the Secretary to the chief executive of each government department that the Secretary believes may have an interest in the matter. Victims’ claims trust bank account
54: Secretary must establish account
1: The Secretary must, for the purposes of this subpart, establish at a bank a victims’ claims trust bank account.
2: The bank must be a registered bank as defined in section 2(1) Banking (Prudential Supervision) Act 1989
3: The bank at which the account is established—
a: must pay, for any month, interest on the sums held in the account at the same rate as that bank pays on money deposited for that month, at call, in an interest-bearing deposit account with that bank; and
b: may, with the Secretary’s agreement, retain for its own use, instead of all banking charges and fees otherwise payable to it in respect of the account, some or all of the interest payable by it on the account; and
c: must pay into the account, for the benefit of the relevant accused or offender, any interest payable by it on the account and that is not retained under paragraph (b).
4: The arrangement in subsection (3)﻿(a) is the only permitted and required investment of the money in the account.
5: The account must be audited by a qualified auditor (within the meaning of section 35 section 57 Section 54(2) amended 1 July 2022 section 300(1) Reserve Bank of New Zealand Act 2021 Section 54(5) amended 1 July 2015 section 17 Financial Reporting Amendment Act 2014
55: Payments from, and other operation of, account
The Secretary must ensure that money is paid out of the account, and that the account is otherwise operated, only as permitted or required by this subpart or by regulations made under section 57
56: Procedure if offender or others entitled cannot be found
1: This subsection applies to money if, 1 year (or a longer period the Minister of Finance directs) after first being required by this subpart to pay the money to an accused or an offender, the Secretary is unable, despite having taken reasonable steps for the purpose, to locate the accused or the offender or to identify and locate another person legally entitled to the money.
2: Money to which subsection (1) applies—
a: must, along with interest (if any) added to it under section 54(3)
b: must be transferred to the Crown Bank Account.
3: Money must be paid to a person out of the Crown Bank Account without further appropriation than this section if—
a: the money is required by this section to be treated as public money; and
b: the person claims the money and establishes that claim to the satisfaction of the Treasury. 1989 No 44 s 70
57: Regulations on operation and auditing of account
1: The Governor-General may, by Order in Council, make regulations for all or any of the following purposes:
a: providing for the circumstances and manner in which money may or must be paid out of the account:
b: providing for the manner in which, and the conditions subject to which, the Secretary may or must otherwise operate the account:
c: providing for the manner and timing of the auditing of the account.
2: Regulations under this section are secondary legislation ( see Part 3 The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication PCO must publish it on the legislation website and notify it in the Gazette LA19 s 69(1)﻿(c) Presentation The Minister must present it to the House of Representatives LA19 s 114 cl 32(1)﻿(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 57(2) inserted 28 October 2021 section 3 Secondary Legislation Act 2021 Victims’ Special Claims Tribunals
58: Tribunals
1: Every Victims’ Special Claims Tribunal consists of a District Court Judge designated for the purpose of this subpart by the Chief District Court Judge.
2: The Judge must be designated from a panel of District Court Judges maintained by the Chief District Court Judge.
3: The Chief District Court Judge may at any time add or remove a Judge from the panel.
4: The function of a Tribunal is to determine, in accordance with this subpart, victims’ claims filed under this subpart.
58A: Orderly and efficient operation
A Tribunal is responsible for making any arrangements that are practicable to ensure that he or she performs his or her functions—
a: in an orderly and efficient manner; and
b: in a way that achieves the purposes of this Act. Section 58A inserted 14 November 2018 section 176 Tribunals Powers and Procedures Legislation Act 2018
59: Evidence
A Tribunal may receive as evidence any statement, document, information, or matter that, in the Tribunal’s opinion, may help the Tribunal to determine a victim’s claim, whether or not it would be admissible in a court of law.
60: Decisions to be given in writing
1: Every decision of a Tribunal, and the reasons for the decision, must be recorded in writing, and a copy (together with a copy of any related order or direction) must, if practicable, be given promptly to—
a: the victims concerned; and
b: the accused or the offender; and
c: the Secretary.
2: This section does not limit a Tribunal’s duty under section 46 section 28
60A: Practice notes
1: The Chief District Court Judge may issue practice notes as he or she thinks fit.
2: The practice notes must not be inconsistent with this Act or any regulations made under it and are for the guidance of the Tribunals, officers of Tribunals, and parties before Tribunals. Section 60A inserted 14 November 2018 section 177 Tribunals Powers and Procedures Legislation Act 2018
60B: Online publication of information about procedures, time frames, and progress of decisions
The following information must be published on an Internet site maintained by or on behalf of the chief executive of the Ministry of Justice:
a: information about the purpose of the Tribunals and how to commence a claim:
b: any requirements that must be met for a claim:
c: guidelines on how and when parties may obtain information on the progress of their case and when a decision may be expected. Section 60B inserted 29 October 2019 section 178 Tribunals Powers and Procedures Legislation Act 2018
61: Proceedings of Tribunal not invalid for want of form
Proceedings before a Tribunal must not be held invalid for want of form.
62: Services for Tribunal
The Ministry of Justice must provide any secretarial, recording, and clerical services necessary to enable a Tribunal to discharge its function.
3: Suspension of limitation periods for certain claims by victims
63: Limitation periods to which section 64 applies
1: Section 64
a: made by or on behalf of a victim; and
b: made against an offender; and
c: based on acts done or omitted to be done (whether before or after the commencement , on 4 June 2005,
2: Section 64
a: commenced before the commencement , on 4 June 2005,
b: one in respect of which a limitation defence (under the Limitation Act 2010 , on 4 June 2005,
3: However, nothing in section 64
a: an action or arbitration determined before the commencement , on 4 June 2005,
b: the title to any property which is the subject of an action or arbitration of that kind. Section 63 heading replaced 1 July 2013 section 11(1) Prisoners' and Victims' Claims (Continuation and Reform) Amendment Act 2013 Section 63(1) amended 1 July 2013 section 11(2) Prisoners' and Victims' Claims (Continuation and Reform) Amendment Act 2013 Section 63(1)﻿(c) amended 1 July 2013 section 11(3) Prisoners' and Victims' Claims (Continuation and Reform) Amendment Act 2013 Section 63(2) amended 1 July 2013 section 11(4) Prisoners' and Victims' Claims (Continuation and Reform) Amendment Act 2013 Section 63(2)﻿(a) amended 1 July 2013 section 11(5) Prisoners' and Victims' Claims (Continuation and Reform) Amendment Act 2013 Section 63(2)﻿(b) amended 1 July 2013 section 11(6) Prisoners' and Victims' Claims (Continuation and Reform) Amendment Act 2013 Section 63(2)﻿(b) amended 1 January 2011 section 58 Limitation Act 2010 Section 63(3) amended 1 July 2013 section 11(7) Prisoners' and Victims' Claims (Continuation and Reform) Amendment Act 2013 Section 63(3)﻿(a) amended 1 July 2013 section 11(8) Prisoners' and Victims' Claims (Continuation and Reform) Amendment Act 2013
64: Limitation periods suspended
while offender serving sentence of imprisonment
1: The limitation periods to which this section
2: In this section, serving a sentence of imprisonment in a penal institution, prison, or service prison
a: means serving in a penal institution, prison, or service prison—
i: the sentence of imprisonment for the offence (as defined in section 5(1)﻿(a)﻿(ii)
ii: any earlier sentence of imprisonment on which the sentence of imprisonment for the offence is directed to be served cumulatively; and
iii: any later sentence that is directed to be served cumulatively on the sentence of imprisonment for the offence; and
b: includes spending time in a penal institution or a prison following a related recall application (as defined in section 59 section 4(1) Section 64 heading amended 1 July 2013 section 12(1) Prisoners' and Victims' Claims (Continuation and Reform) Amendment Act 2013 Section 64(1) amended 1 July 2013 section 12(2) Prisoners' and Victims' Claims (Continuation and Reform) Amendment Act 2013
64A: Limitation periods to which section 64B applies
Section 64B
a: made by or on behalf of a victim after the commencement, on 1 July 2013, of section 64B
b: made against an offender and against money received under section 17
c: based on acts done or omitted to be done (whether before or after the commencement, on 1 July 2013, of section 64B Section 64A inserted 1 July 2013 section 13 Prisoners' and Victims' Claims (Continuation and Reform) Amendment Act 2013
64B: Limitation periods suspended until standard deadline for filing of victims' claims under this Act
The limitation periods to which this section applies cease to run for the action against the offender and the money received under section 17 section 28(3) subpart 2 Section 64B inserted 1 July 2013 section 13 Prisoners' and Victims' Claims (Continuation and Reform) Amendment Act 2013
4: Specified claims made before 1 July 2013, related compensation, and related victims' claims
Subpart 4 inserted 1 July 2013 section 15 Prisoners' and Victims' Claims (Continuation and Reform) Amendment Act 2013
64C: Pre-1 July 2013 Act generally continues to apply
1: After 30 June 2013, the following provisions apply or continue to apply to specified claims made before 1 July 2013, money to be paid as compensation in respect of claims of that kind, and victims' claims against money of that kind:
a: the provisions of this Act as in force immediately before 1 July 2013; and
b: section 3(4) Prisoners' and Victims' Claims (Continuation and Reform) Amendment Act 2013
2: Despite subsection (1), the amendments made by sections 6 7 Prisoners' and Victims' Claims (Continuation and Reform) Amendment Act 2013
3: The amendments made by sections 6 7 Prisoners' and Victims' Claims (Continuation and Reform) Amendment Act 2013 3 December 2012
a: made clear by those amendments; and
b: not challenged expressly in those proceedings before that date. Section 64C inserted 1 July 2013 section 15 Prisoners' and Victims' Claims (Continuation and Reform) Amendment Act 2013
3: Amendments to other Acts
Part 3 repealed 1 July 2013 section 16 Prisoners' and Victims' Claims (Continuation and Reform) Amendment Act 2013 Amendment to Human Rights Act 1993 Heading repealed 1 July 2013 section 16 Prisoners' and Victims' Claims (Continuation and Reform) Amendment Act 2013
65: Damages
Section 65 repealed 1 July 2013 section 16 Prisoners' and Victims' Claims (Continuation and Reform) Amendment Act 2013 Amendments to Legal Services Act 2000 Heading repealed 1 July 2013 section 16 Prisoners' and Victims' Claims (Continuation and Reform) Amendment Act 2013
66: Interpretation
Section 66 repealed 1 July 2013 section 16 Prisoners' and Victims' Claims (Continuation and Reform) Amendment Act 2013
67: Proceedings for which legal aid may be granted: civil matters
Section 67 repealed 1 July 2013 section 16 Prisoners' and Victims' Claims (Continuation and Reform) Amendment Act 2013
68: When legal aid may be granted: civil matters
Section 68 repealed 1 July 2013 section 16 Prisoners' and Victims' Claims (Continuation and Reform) Amendment Act 2013
69: Conditions on grant of legal aid
Section 69 repealed 1 July 2013 section 16 Prisoners' and Victims' Claims (Continuation and Reform) Amendment Act 2013
70: Maximum grant
Section 70 repealed 1 July 2013 section 16 Prisoners' and Victims' Claims (Continuation and Reform) Amendment Act 2013
71: Application for amendment to grant of legal aid
Section 71 repealed 1 July 2013 section 16 Prisoners' and Victims' Claims (Continuation and Reform) Amendment Act 2013
72: Regulations
Section 72 repealed 1 July 2013 section 16 Prisoners' and Victims' Claims (Continuation and Reform) Amendment Act 2013 Amendment to Limitation Act 1950 Heading repealed 1 January 2011 section 58 Limitation Act 2010
73: Limitation of actions of contract and tort, and certain other actions
Section 73 repealed 1 January 2011 section 58 Limitation Act 2010 Amendments to Privacy Act 1993 Heading repealed 1 July 2013 section 16 Prisoners' and Victims' Claims (Continuation and Reform) Amendment Act 2013
74: Damages
Section 74 repealed 1 July 2013 section 16 Prisoners' and Victims' Claims (Continuation and Reform) Amendment Act 2013
75: Schedule 5 amended
Section 75 repealed 1 July 2013 section 16 Prisoners' and Victims' Claims (Continuation and Reform) Amendment Act 2013 Amendments to Victims’ Rights Act 2002 Heading repealed 1 July 2013 section 16 Prisoners' and Victims' Claims (Continuation and Reform) Amendment Act 2013
76: Police to give information about right to ask for notice and appointment of representative
Section 76 repealed 1 July 2013 section 16 Prisoners' and Victims' Claims (Continuation and Reform) Amendment Act 2013
77: New section 33A inserted
Section 77 repealed 1 July 2013 section 16 Prisoners' and Victims' Claims (Continuation and Reform) Amendment Act 2013