Oranga Tamariki Act 1989
Children’s and Young People’s Well-being Act 1989

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2B Meaning of victim

(1)

In this Act, victim means—

(a)

a person against whom an offence is committed by a child or young person:

(b)

a person who, through, or by means of, an offence committed by a child or young person, suffers physical injury or loss of, or damage to, property:

(c)

a parent or guardian of a child or young person who is a victim within the meaning of paragraph (a) or (b), unless that parent or guardian is—

(i)

the child or young person charged with the commission of the offence concerned:

(ii)

the child or young person against whom a charge in respect of the offence has been proved before the Youth Court:

(d)

a member of the immediate family of a person who, as a result of an offence committed by a child or young person, dies or is incapable, unless that member is—

(i)

the child or young person charged with the commission of the offence concerned:

(ii)

the child or young person against whom a charge in respect of the offence has been proved before the Youth Court.

(2)

If an offence is committed by a child or young person then, despite subsection (1), victim does not include—

(a)

any other person against whom (whether as a principal or party or accessory after the fact or otherwise)—

(i)

that offence is proved before the Youth Court; or

(ii)

an offence relating to the same incident or series of incidents as that offence is proved before the Youth Court; or

(b)

any other person who (whether as principal or party or accessory after the fact or otherwise)—

(i)

is charged with the commission of, or convicted or found guilty of, that offence; or

(ii)

is charged with the commission of, or convicted or found guilty of, an offence relating to the same incident or series of incidents as that offence.

(3)

For the purposes of the definition of victim in subsection (1),—

immediate family and incapable have the meanings given in section 4 of the Victims’ Rights Act 2002

offence includes an alleged offence.

Section 2B: inserted, on 6 December 2014, by section 5 of the Children, Young Persons, and Their Families Amendment Act 2014 (2014 No 36).

Section 2B(1)(c)(ii): amended, on 1 March 2017, by section 261 of the District Court Act 2016 (2016 No 49).

Section 2B(1)(d)(ii): amended, on 1 March 2017, by section 261 of the District Court Act 2016 (2016 No 49).

Section 2B(2)(a)(i): amended, on 1 March 2017, by section 261 of the District Court Act 2016 (2016 No 49).

Section 2B(2)(a)(ii): amended, on 1 March 2017, by section 261 of the District Court Act 2016 (2016 No 49).