New Zealand Legislation: Acts
Acts are laws made by Parliament
In this Act, unless the context otherwise requires,—
accused or person accused of the offence, in relation to a victim, means a person charged (whether as a principal or party or accessory after the fact or otherwise) with the commission of the offence that affected the victim
child means a boy or girl under the age of 14 years
facility has the same meaning as in section 9 of the Intellectual Disability (Compulsory Care and Rehabilitation) Act 2003; and includes a secure facility within the meaning of that section
hospital has the same meaning as in section 2(1) of the Mental Health (Compulsory Assessment and Treatment) Act 1992
immediate family, in relation to a victim,—
(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, in relation to a person,—
(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 means a Judge, or other person who holds a judicial office (for example, a Justice of the Peace or Community Magistrate), exercising jurisdiction in criminal cases and, in relation to proceedings in court, means the judicial officer presiding over the proceedings
lawyer has the meaning given to it by section 6 of the Lawyers and Conveyancers Act 2006
offence, in relation to a victim,—
(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)
offender, in relation to a victim,—
(a) means a person convicted of the crime or offence that affected the victim; and
(b) in sections 17 to 27 (which relate to victim impact statements), includes a person found guilty of, or who pleads guilty to, that crime or offence
support person, in relation to a victim, means—
(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:
(c) a Social Worker (as defined in section 2(1) of the Children, Young Persons, and Their Families Act 1989) if—
(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 placed under the guardianship of the court by an order under section 31(1)(a) of the Care of Children Act 2004, and the Social Worker is appointed the agent of the court by an order under section 31(1)(b) or section 33(1)(c)(ii) of that Act:
(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 of the Protection of Personal and Property Rights Act 1988 if—
(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) of that Act
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 and 8, includes—
(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
(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
young person means a boy or girl of or over the age of 14 years but under 17 years; but does not include a person who is or has been married or in a civil union.
Compare: 1987 No 173 s 2
Section 4 facility: inserted, on 1 September 2004, by section 51 of the Criminal Procedure (Mentally Impaired Persons) Act 2003 (2003 No 115).
Section 4 immediate family paragraph (b): substituted, on 26 April 2005, by section 7 of the Relationships (Statutory References) Act 2005 (2005 No 3).
Section 4 lawyer: substituted, on 1 August 2008, by section 348 of the Lawyers and Conveyancers Act 2006 (2006 No 1).
Section 4 support person paragraph (a): substituted, on 26 April 2005, by section 7 of the Relationships (Statutory References) Act 2005 (2005 No 3).
Section 4 support person paragraph (c)(ii): amended, on 1 July 2005, by section 151 of the Care of Children Act 2004 (2004 No 90).
Section 4 support person paragraph (c)(ii): amended, on 26 April 2005, by section 7 of the Relationships (Statutory References) Act 2005 (2005 No 3).
Section 4 young person: amended, on 26 April 2005, by section 7 of the Relationships (Statutory References) Act 2005 (2005 No 3).