New Zealand Legislation: Acts

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) or in that other person being incapable.

  (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.