Victims' Rights Act 2002

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Reprint as at 6 December 2014

Victims' Rights Act 2002

Public Act2002 No 39
Date of assent17 October 2002
Commencementsee section 2

Note

Changes authorised by subpart 2 of Part 2 of the Legislation Act 2012 have been made in this official reprint.

Note 4 at the end of this reprint provides a list of the amendments incorporated.

This Act is administered by the Ministry of Justice.


Contents

1 Title

Part 1
Preliminary provisions

2 Commencement

3 Purpose of Act

4 Interpretation

5 Directions about members of immediate family

6 Act binds the Crown

Part 2
Provisions relating to treatment and rights of victims generally

Principles guiding treatment of victims

7 Treatment

8 Access to services

9 Restorative justice meetings to resolve issues relating to offence

10 Enforceability of principles

Information to be given to victims

11 Information about programmes, remedies, and services

12 Information about proceedings

13 Limits on duties to give information under sections 11 and 12

14 Information may be given to victim's support person

Privacy of victims

15 Victim's rights under Privacy Act 1993

16 Restriction on disclosing victim's contact details in evidence or information provided to court

16A Criminal proceedings to which section 16 does not apply

Victim impact statements

17AA Victim impact statement defined

17AB Purpose of victim impact statements

17 Information to be ascertained from victim

18 Procedure before ascertaining information from victim

19 Form and verification of information ascertained

20 Statements by others disadvantaged by offence

21AA Victim impact statement may be used for purpose of sentence indication

21 Victim impact statement to be submitted to judicial officer

21A Victim impact statement may be used for purpose of sentence indication [Repealed]

22 Victim impact statement may be read to court

22A Victim impact statement may be presented to court in some other manner

22B Weight to be given to victim impact statement

23 Offender not to be given statement to keep

24 Return of statements at end of proceedings

25 Judicial officer may withhold part of statement from offender to protect victim's physical safety or security

26 Judicial officer not to take into account withheld part

27 Directions or conditions on other disclosure or other distribution of statements

Victim's views on application for order prohibiting permanently publication of name of accused or offender

28 Victim's views on application for order prohibiting permanently publication of name of accused or offender

Part 3
Provisions relating to rights of victims of certain offences

Sections 30 to 48 apply only to victims of specified offences

29 Specified offence defined

29A Commissioner of Police to determine whether offence affecting victim is specified offence

Victim's views about release on bail of accused or offender

30 Victim's views about release on bail of accused or offender

Duties in relation to informing victims about receiving notices under sections 34 to 39

31 Police to give victims of specified offences information about right to ask for notice and to appoint representative

32 Police to give Secretary information about victims of specified offences

32A Secretary to give victim information about right to appoint representative and to request notices

Sections 34 to 38 and 47 apply only to certain victims who request notice and give address

32B Application of sections 34 to 38 and 47

Victim's address to be forwarded in certain cases

33 Address of victim or victim's representative to be forwarded in certain cases

33A Notification of change of address of victim or representative

33B Notification of withdrawal of request to be given notice

33C Secretary must request victim's address for notice under Prisoners' and Victims' Claims Act 2005

Notice of certain matters to be given to victims of certain offences

34 Notice of release on bail of accused or offender

35 Notice of release or escape from prison detention, or of death, of offender

35A Notice of cessation of, or absconding from, or death during, home detention of offender

36 Notice of convictions and sentences for breaching release or detention conditions

36A Notice of decisions on recall orders

37 Notice of discharge, leave of absence, or escape or death of accused or offender who is compulsorily detained in hospital or facility

38 Exception to section 37 once certain offenders no longer liable to detention for sentence imposed for offence

39 Notice of proposal to cancel or suspend liability for deportation

Representatives for notice

40 Representatives for notice

41 Effect of appointment of representative

42 Victim's support person may be or appoint representative

43 Method of appointment of representative

44 Termination of appointment

45 When notices take effect

Compliance with requirements to give notice

46 Ways in which notice required may be given

Participation in process under Parole Act 2002

47 Victim may participate in process for offender's release from prison

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

Part 4
Miscellaneous provisions

Complaints and other ways in which rights may be enforced

49 Complaints

50 Other ways in which rights may be enforced

50A Information about complaints to be included in annual report

Return of property held as evidence

51 Return of property held as evidence

Code for victims

51A Interpretation

51B Secretary to prepare code

51C Code to be approved by Minister

51D Publication of code

51E Amendment to code

Director-General of Health may delegate duties under Act

52 Director-General of Health may delegate duties

Amendments

53 Amendments

Repeal

54 Victims of Offences Act 1987 repealed

Schedule
Enactments amended

Reprint notes