This Act comes into force 2 months after the date on which it receives the Royal assent.

The purpose of this Act is to improve provisions for the treatment and rights of victims of offences.

In this Act, unless the context otherwise requires,—

(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.

This Act binds the Crown.

Any person who deals with a victim (for example, a judicial officer, lawyer, member of court staff, Police employee, or other official) should—

• (a) treat the victim with courtesy and compassion; and

• (b) respect the victim's dignity and privacy.

A victim or member of a victim's family who has welfare, health, counselling, medical, or legal needs arising from the offence should have access to services that are responsive to those needs.

(1) If a suitable person is available to arrange and facilitate a meeting between a victim and an offender to resolve issues relating to the offence, a judicial officer, lawyer for an offender, member of court staff, probation officer, or prosecutor should, if he or she is satisfied of the matters stated in subsection (2), encourage the holding of a meeting of that kind.

(2) The matters are—

• (a) that the victim and offender agree to the holding of a meeting of that kind; and

• (b) that the resources required for a meeting of that kind to be arranged, facilitated, and held, are available; and

• (c) that the holding of a meeting of that kind is otherwise practicable, and is in all the circumstances appropriate.

Sections 7 to 9, and the principles in them guiding the treatment of victims, do not confer on any person any legal right that is enforceable, for example, in a court of law.

(1) A victim must, as soon as practicable after the victim comes into contact with an agency, be given information by the personnel of the agency about programmes, remedies, or services available to the victim through the agency.

(2) In this section, agency means—

• (a) the Accident Compensation Corporation:

• (b) the Department of Child, Youth and Family Services:

• (c) the Ministry of Justice:

• (d) the Ministry of Social Development:

• (e) a DHB (as defined in section 6(1) of the New Zealand Public Health and Disability Act 2000):

• (f) the New Zealand Police.

(3) Nothing in this section prevents information of a kind that, under this section, must be given to a victim of an offence, from also being given to any other person (for example, to a person who was disadvantaged by the offence).

(1) A victim must, as soon as practicable, be given information by investigating authorities or, as the case requires, by members of court staff, or the prosecutor, about the following matters:

• (a) the progress of the investigation of the offence:

• (b) the charges laid or reasons for not laying charges, and all changes to the charges laid:

• (c) the victim's role as a witness in the prosecution of the offence:

• (d) the date and place of each event listed in subsection (2):

• (e) every final disposition of all proceedings (at first instance or on appeal (if any)) relating to the offence, for example—

  • (i) any convictions or pleas of guilty entered, and sentences imposed, in relation to the offence; or

  • (ii) any acquittal or deemed acquittal or finding that the charge was not proved; but not

  • (iii) whether the accused or offender is granted bail.

(2) The events referred to in subsection (1)(d) are—

• (a) the first appearance in court, in connection with the offence, of the person accused of the offence:

• (b) any preliminary hearing relating to the offence:

• (c) any defended hearing, or trial, relating to the offence:

• (d) any hearings set down for sentencing for the offence:

• (e) any hearings of appeals (if any) against conviction of the offence, or against the sentence imposed, or to be imposed, for the offence, or both.

(3) Nothing in this section prevents information of a kind that, under this section, must be given to a victim of an offence, from also being given to any other person (for example, to a person who was disadvantaged by the offence).

(4) In this section, investigating authorities means persons or bodies investigating the offence in the performance or exercise of their official functions, powers, or duties; but does not include a person exercising or performing functions, powers, or duties of a probation officer under the Criminal Justice Act 1985 or any other enactment.

(1) Nothing in section 11 or section 12 requires any person to give information if good reason for withholding the information would exist under any of sections 6, 7, and 9 of the Official Information Act 1982, if a request for that information were made under that Act.

(2) An example of a case where good reason of that kind for withholding information would exist is where the giving of the information would be likely to prejudice the maintenance of the law, including the prevention, investigation, and detection of offences, and the right to a fair trial.

(3) Nothing in section 11 or section 12 affects any enactment, rule of law, or order or direction of a court that prohibits or restricts the making available of information of a kind referred to in section 11 or section 12 (for example, one forbidding the publication, in a report or account of proceedings in respect of an offence, of the name of, or of any particulars likely to identify, a participant in the proceedings).

Information required to be given under section 11 or section 12 may be given to a support person of a victim if the victim—

• (a) cannot receive it; or

• (b) is not, or may not be, capable alone of understanding it.

(1) No person may interfere with the privacy of a victim contrary to the Privacy Act 1993.

(2) This section is not limited by section 7, and does not limit or affect, or give any person any rights separate from, or additional to, the Privacy Act 1993.

(1) This section applies to information (the information) that identifies, or that may lead to the identification of, the address of the place where the victim lives (for example, his or her postal address, email address, fax number, or phone number).

(2) The information may be given in evidence or in information provided to a court only with the leave of the judicial officer.

(3) The judicial officer must not grant leave unless satisfied—

• (a) that the information is directly relevant to the facts in issue in the proceedings; and

• (b) that the evidential value of the information (if any) outweighs any prejudice to the victim's interests, or any harm to the victim, that is likely to be caused by the giving of the information.

Nothing in section 16 applies to a criminal proceeding if it is necessary to disclose the information in the charge in order to ensure that the defendant is fully and fairly informed of the nature of the charge.

(1) The prosecutor must make all reasonable efforts to ensure that information is ascertained from the victim, for submission under section 21 to the judicial officer sentencing the offender, about the following matters:

• (a) any physical injury or emotional harm suffered by the victim through, or by means of, the offence; and

• (b) any loss of, or damage to, property suffered by the victim through, or by means of, the offence; and

• (c) any other effects of the offence on the victim.

(2) When a person is a victim because of paragraph (a)(iii) of the definition of that term in section 4, then a reference in subsection (1)(a) to (c) of this section to “the victim” includes a reference to the child or young person concerned.

The prosecutor must make all reasonable efforts to ensure, before information is ascertained from a victim under section 17,—

• (a) that the victim is informed—

  • (i) that the information is being ascertained for submission to the judicial officer sentencing the offender; and

  • (ii) that the victim must ensure that any information that he or she gives is true; and

  • (iii) that the information must be recorded, and may be verified in the way stated in section 19(3) or (4); and

• (b) that the victim is informed about who may properly see or make or keep copies of the information ascertained, and about the orders, directions, and conditions, relating to disclosure and distribution of it, that may be made under sections 24(3)(b), 25, and 27; and

• (c) that any views the victim has on whether the prosecutor should apply for orders, directions, or conditions of that kind, are ascertained.

(1) Information ascertained from a victim under section 17 must be put into writing or recorded in another way (for example, on audiotape or videotape), unless the victim objects to it being submitted to the judicial officer sentencing the offender.

(2) Information recorded under subsection (1) may be verified—

• (a) in the way stated in subsection (3), if practicable; or

• (b) if it is not practicable to verify it in the way stated in subsection (3), in the way stated in subsection (4).

(3) The information may be verified by being submitted to the victim for signature or other approval, and signed or otherwise approved by the victim, after the prosecutor, or some other person on behalf of the prosecutor, has added to it statements—

• (a) that the victim gave the information knowing that it was for submission to the judicial officer sentencing the offender, and knowing that he or she was required to ensure that any information that he or she gave is true; and

• (b) that the information is true to the best of the victim's knowledge and belief.

(4) The information may also be verified by being signed or otherwise approved by the prosecutor, or some other person on behalf of the prosecutor, after the prosecutor or other person has added to it statements that he or she—

• (a) advised the victim that it was for submission to the judicial officer sentencing the offender, and that the victim was required to ensure that any information that he or she gave is true; and

• (b) read it or replayed it or submitted it in another way to the victim, and is satisfied that the victim approves of it.

(1) The prosecutor may, if he or she considers it appropriate to do so, decide to treat as a victim, for the purposes of sections 17 to 19 and sections 21 to 27, a person—

• (a) who was disadvantaged by an offence; and

• (b) from whom information on the effects of the offence has been, or could be, ascertained by or on behalf of the prosecutor; and

• (c) who is not a victim of the offence, a person accused of the offence, or the offender.

(2) If the prosecutor decides under subsection (1) to treat a person as a victim of an offence, the person must be treated for the purposes of sections 17 to 19 and sections 21 to 27 as if he or she were a victim of the offence.

(1) Information recorded under section 19(1) must be submitted to the judicial officer sentencing the offender. However, if the information was ascertained from a person treated as a victim, under section 20, it may be submitted only with the leave of the judicial officer.

(2) The information must be submitted by the prosecutor and in the form in which it was recorded under section 19(1), unless—

• (a) the judicial officer, on a request made by the prosecutor for the purpose, permits all or part of it to be submitted instead by the prosecutor reading it, replaying it, or submitting it in another way:

• (b) a request is made by, or on behalf of, the victim, that all or part of it be submitted instead by the victim, or by 1 person named by the victim, reading all or part of it, and the judicial officer does not direct otherwise.

(3) In determining the weight (if any) to give to the information, the judicial officer must have regard to whether or not it was verified in the way stated in section 19(3) or (4).

In sections 23 to 27, victim impact statement—

• (a) means information prepared for submission to, or submitted to, a judicial officer, under sections 17 to 21; and

• (b) includes any recording, summary, transcript, or other copy of information of that kind.

(1) A prosecutor, or lawyer for an offender, who has a copy of a victim impact statement relating to an offender, must show the statement to the offender if asked to do so by the offender, unless the prosecutor or lawyer—

• (a) intends to apply for an order under section 25 in respect of part of the statement; or

• (b) knows that an application of that kind is to be made, or has been made but has not yet been determined.

(2) However, no person (other than the victim concerned, or a person acting under the authority of the victim concerned) may give an offender a victim impact statement to keep.

(3) Nothing in this section permits a person to show part of a victim impact statement to an offender or a lawyer representing an offender contrary to an order made under section 25.

(4) Despite anything in the Privacy Act 1993, no offender may have access to a victim impact statement relating to the offender under that Act.

(1) Every person who receives or makes a copy or copies of a victim impact statement during proceedings must return the copy or copies to a member of court staff as soon as practicable after the end of the proceedings.

(2) In subsection (1), end of the proceedings, in relation to an offence,—

• (a) means the date of disposal of all appeals (if any) against conviction of the offence, or a sentence imposed for the offence, or both, lodged by the date when the time for lodging those appeals expires; and

• (b) if there are no rights of appeal of that kind, the date on which proceedings relating to the offence are otherwise finally determined.

(3) Subsection (1) does not apply to—

• (a) the victim concerned, a member of court staff, Police employee, probation officer, or prosecutor; and

• (b) any other person (other than the offender) if the judicial officer, in his or her discretion and on an application for the purpose, orders that the other person need not return the copy or copies of the statement.

A judicial officer may, on his or her own initiative or on an application for the purpose, order that an offender and every lawyer (if any) representing the offender not be given or shown any part of a victim impact statement if, in the judicial officer's opinion, withholding the part is necessary to protect the physical safety or security of the victim concerned.

A judicial officer must not take into account in sentencing the offender a part of a victim impact statement withheld under an order made under section 25.

(1) The judicial officer may, on his or her own initiative or on an application for the purpose by the prosecutor, give directions, or impose conditions, that—

• (a) relate to the disclosure and distribution of a victim impact statement; and

• (b) may be necessary to protect the victim's physical safety or security, emotional welfare, and privacy; and

• (c) are not inconsistent with section 23(1) or (2) or with any order made under section 24(3)(b) or section 25.

(2) Under subsection (1), the judicial officer may—

• (a) give directions or impose conditions about the copying of the statement, including the number of copies that may be made:

• (b) give directions to, or impose conditions on, the people to whom the statement may be disclosed or distributed:

• (c) direct that all or any part of the statement not be disclosed or distributed, either generally or to a specified person:

• (d) impose conditions on the disclosure or distribution of all or any part of the statement:

• (e) direct that all or any part of the statement not be published, either generally or by a specified person:

• (f) impose conditions on the publication of all or any part of the statement:

• (g) give directions, and impose conditions, about any other matters to do with the disclosure and distribution of the statement that the judicial officer considers necessary or appropriate in the circumstances.

(3) No direction given, or condition imposed, under subsection (1) may be in the same terms or have the same effect as an order made under section 24(3)(b) or section 25.

(1) This section applies to a victim if the person accused of the offence or, as the case requires, the offender applies to a court under section 140 of the Criminal Justice Act 1985 for an order or further order—

• (a) prohibiting the publication of his or her name, address, or occupation, or of any particulars likely to lead to his or her identification; and

• (b) having effect permanently.

(2) If this section applies to a victim, the prosecutor—

• (a) must make all reasonable efforts to ensure that any views the victim has on the application are ascertained; and

• (b) must inform the court of any views ascertained under paragraph (a).

Sections 30 to 48 apply to a victim only if the offence is—

• (a) one of sexual violation or other serious assault; or

• (b) one that resulted in serious injury to a person, in the death of a person, or in a person being incapable; or

• (c) one of another kind, and that has led to the victim having ongoing fears on reasonable grounds—

  • (i) for his or her physical safety or security; or

  • (ii) for the physical safety or security of 1 or more members of his or her immediate family.

If a person accused of the offence or, as the case requires, the offender, applies to a court for release on bail, the prosecutor must determine whether or not this section applies to a victim in accordance with section 29 and, if it does,—

• (a) must make all reasonable efforts to ensure that any views the victim has about the release on bail of the person accused of the offence or, as the case requires, the offender, are ascertained; and

• (b) must inform the court of any views ascertained under paragraph (a).

Sections 32 to 38 and 47 apply to a victim to whom this section applies only if the victim has—

• (a) asked the New Zealand Police to ensure that he or she—

  • (i) is given notice under sections 34 to 38; and

  • (ii) is given or supplied with notice or advice of matters or decisions or directions, and copies of orders and conditions, to be given or supplied to victims under sections 41, 43, 45, 50, and 58 (and any other relevant provisions) of the Parole Act 2002; and

• (b) given his or her current address (for example, a postal address, email address, fax number, or telephone number) to the New Zealand Police, at the same time as requesting the notice or advice and copies under paragraph (a); and

• (c) advised the people who would give or supply the notice or advice and copies of any changes to that address, before the time at which the notice or advice is, or the copies are, to be given or supplied.

(1) As soon as practicable after a victim comes into contact with the New Zealand Police, the Commissioner of Police must determine whether or not this section applies to the victim in accordance with section 29 and, if it does,—

• (a) must make all reasonable efforts to inform the victim that he or she has the right to ask to be given notice under sections 34 to 38 and that, if he or she asks to be given notice of that kind and gives the New Zealand Police his or her current address, then he or she may also be given notice under section 39 of this Act, or under section 20 of the Prisoners' and Victims' Claims Act 2005; and

• (b) must, in the circumstances stated in subsection (2), make all reasonable efforts to inform a support person of the victim that a representative of the victim may be appointed under section 42.

(2) The circumstances referred to in subsection (1)(b) are that the Commissioner knows, or ought reasonably to know, that the victim is not, or may not be, capable alone of—

• (a) asking for, receiving, or understanding, notice under any of sections 34 to 39; and

• (b) appointing a representative under section 40.

(3) Subsection (1)(b) does not limit subsection (1)(a).

(1) If a victim to whom this section applies has asked for notice or advice and copies under section 31(a), and has given the New Zealand Police his or her current address under section 31(b) and (c), the Commissioner of Police must forward a copy of that address—

• (a) to the chief executive of the Department of Corrections, if the person accused of the offence or, as the case requires, the offender is or becomes liable to be detained in a prison in connection with the offence, and the Commissioner has not already forwarded a copy of the address under paragraph (b); and

• (b) to the Director-General of Health, if the person accused of the offence or, as the case requires, the offender is or becomes liable to be detained in a hospital or facility in connection with the offence, his or her liability to detention is of a kind referred to in section 37(1)(a) or (b), and the Commissioner has not already forwarded a copy of the address under paragraph (a).

(2) The chief executive of the Department of Corrections must forward the current address of a victim to whom this section applies to the Director-General of Health if—

• (a) that address has been given or forwarded to the chief executive under section 31(c) or subsection (1)(a) or subsection (3); and

• (b) the offender, having been liable to be detained in a prison in connection with the offence, becomes liable to be detained—

  • (i) in a hospital following an application under section 45(2) of the Mental Health (Compulsory Assessment and Treatment) Act 1992, or under an arrangement under section 46 of that Act; or

  • (ii) in a facility following an application under section 29(1) of the Intellectual Disability (Compulsory Care and Rehabilitation) Act 2003.

(3) The Director-General of Health must forward the current address of a victim to whom this section applies to the chief executive of the Department of Corrections if—

• (a) that address has been given or forwarded to the Director-General under section 31(c) or subsection (1)(b) or subsection (2); and

• (b) the person accused of the offence or, as the case requires, the offender, having been liable to be detained in a hospital or facility in connection with the offence, is removed to a prison under section 47(1) of the Mental Health (Compulsory Assessment and Treatment) Act 1992 or section 71 of the Intellectual Disability (Compulsory Care and Rehabilitation) Act 2003.

(4) An address required to be forwarded under this section must be forwarded as soon as practicable after the requirement arises.

(1) If the Secretary is required by section 20 of the Prisoners' and Victims' Claims Act 2005 to give a written notice notifying the payment of money into the victims' claims trust bank account to be held in trust for an accused or an offender,—

• (a) the Secretary must advise each specified person (as defined in subsection (2)) of that fact, and must ask each specified person to give the current address (including the full name) of a person who is or may be a victim of the accused or the offender to the Secretary if that address—

  • (i) has been given or forwarded to the specified person under section 31 or section 33; and

  • (ii) has not been forwarded by the specified person under section 33; and

• (b) each specified person must, as soon as practicable after receiving a request under paragraph (a), consider, respond to, and if possible comply with, that request.

(2) For the purposes of subsection (1), each of the following persons is a specified person:

• (a) the Commissioner of Police:

• (b) the chief executive of the Department of Corrections:

• (c) the Director-General of Health.

(1) The Commissioner of Police must give a victim to whom this section applies notice, as soon as practicable, of—

• (a) every release on bail (if any) of the person accused of the offence or, as the case requires, the offender; and

• (b) any terms or conditions of a release of that kind—

  • (i) that relate to the safety and security of the victim, or of 1 or more members of his or her immediate family, or of both; or

  • (ii) that require the accused or offender not to associate with, or not to contact, the victim, or 1 or more members of his or her immediate family, or both.

(2) In this section, release on bail includes a release on bail—

• (a) until the hearing of proceedings:

• (b) during an adjournment of proceedings:

• (c) until sentencing:

• (d) until determination of an appeal against conviction or sentence.

(3) However, nothing in this section requires or permits the Commissioner to give notice of a matter contrary to an order made under section 19 of the Bail Act 2000 prohibiting publication of matters relating to a bail hearing.

(1) The chief executive of the Department of Corrections must give a victim to whom this section applies—

• (a) reasonable prior notice of the offender's impending—

  • (i) temporary release from the legal custody of the chief executive of the Department of Corrections, under section 62 of the Corrections Act 2004 (other than a release of that kind throughout which the offender is to be accompanied by a constable or constables); or

  • (ii) part-time release from custody of that kind, to engage in employment, under section 62 of that Act; and

• (b) reasonable prior notice of the offender's impending release from prison detention or home detention if the offender does not have a parole eligibility date under section 20 of the Parole Act 2002; and

• (c) notice, as soon as practicable, of—

  • (i) every escape from prison detention by the person accused of the offence or the offender; and

  • (ii) every instance of the offender, being on home detention in a residence, leaving that residence other than in accordance with his or her detention conditions; and

• (d) notice, as soon as practicable, of the death in prison detention or home detention of the person accused of the offence or the offender.

(2) However, notice under subsection (1)(c)(i) or (ii) need not be given if, before it has been practicable to give the notice, the accused or offender returns or is returned to the place of prison detention or to the residence in which he or she is on home detention.

(3) In this section, prison detention—

• (a) means detention in a prison (or in a Police station or other place of confinement in accordance with section 35 of the Corrections Act 2004); and

• (b) includes, if a child or young person is serving a sentence of imprisonment, detention of the child or young person under that sentence in a residence of the kind referred to in section 142A(1) of the Criminal Justice Act 1985; but

• (c) does not include detention of a child or young person in Police custody, or in the custody of the chief executive, an Iwi Social Service, or a Cultural Social Service, and pending hearing, under section 238(1)(d) or (e) of the Children, Young Persons, and Their Families Act 1989; and

• (d) does not include detention of a kind referred to in section 37(1)(a) or (b) of this Act.

(1) The chief executive of the Department of Corrections must give a victim to whom this section applies notice, as soon as practicable, of—

• (a) every conviction of the offender for an offence against section 71(1) of the Parole Act 2002 of breaching, without reasonable excuse, any release conditions or detention conditions imposed on the offender by the New Zealand Parole Board; and

• (b) every decision to make an interim recall order, under section 62 of the Parole Act 2002, resulting in the offender being detained in a prison pending the determination of an application for recall made under that Act in respect of the offender; and

• (c) every decision to make or to refuse to make a final recall order, under section 66 of the Parole Act 2002, recalling the offender to continue serving his or her sentence in a prison; and

• (d) every decision to quash an interim recall order or a final recall order, being a decision made on a review under section 67 of the Parole Act 2002 (or made by the Board after a referral back to it on a review of that kind); and

• (e) every decision to quash a final recall order, being a decision made on an appeal under section 68 of the Parole Act 2002 (or made by the Board after a referral back to it on an appeal of that kind).

(2) Nothing in subsection (1) prevents notice being given of other matters relating to the offender's compliance with release or detention conditions imposed on the offender.

(1) Without limiting sections 29 and 31, this section applies to a victim only if the person accused of the offence or, as the case requires, the offender, is liable to be detained in a hospital or facility in connection with the offence and, when his or her liability of that kind began, he or she was liable to be detained in a hospital or facility—

• (a) as a special patient as defined in section 2(1) of the Mental Health (Compulsory Assessment and Treatment) Act 1992 or as a special care recipient as defined in section 6(2) of the Intellectual Disability (Compulsory Care and Rehabilitation) Act 2003; or

• (b) under an order made under section 25(1)(a) or (b) or section 34(1)(b) of the Criminal Procedure (Mentally Impaired Persons) Act 2003.

(2) The Director-General of Health must give a victim to whom this section applies—

• (a) reasonable prior notice of an impending discharge of the person or offender; and

• (b) reasonable prior notice of the first unescorted leave of absence granted to the person or offender—

  • (i) under section 31 or section 50 or section 52 of the Mental Health (Compulsory Assessment and Treatment) Act 1992; or

  • (ii) under any of sections 65 to 67 of the Intellectual Disability (Compulsory Care and Rehabilitation) Act 2003; and

  • (iii) [Repealed]

• (c) notice, as soon as practicable, of every escape by the person or offender; and

• (d) notice, as soon as practicable, of the death (whether within or outside a hospital or facility) of the person or offender.

(1) This section applies if an offender referred to in section 37—

• (a) was, when his or her liability to detention in a hospital or facility began, liable to be detained—

  • (i) following an application under section 45(2) of the Mental Health (Compulsory Assessment and Treatment) Act 1992, or under an arrangement under section 46 of that Act; or

  • (ii) following an application under section 29(1) of the Intellectual Disability (Compulsory Care and Rehabilitation) Act 2003; or

  • (iii) under an order under section 34(1)(a) of the Criminal Procedure (Mentally Impaired Persons) Act 2003; and

• (b) ceases, under section 48 of the Mental Health (Compulsory Assessment and Treatment) Act 1992, to be a special patient within the meaning of that Act or ceases, under section 69 of the Intellectual Disability (Compulsory Care and Rehabilitation) Act 2003, to be a special care recipient within the meaning of that Act.

(2) If this section applies, the Director-General of Health must, instead of complying with section 37(2), give the victim notice, as soon as practicable, that the offender is no longer liable to detention for the sentence imposed for the offence.

(1) If the Minister of Immigration proposes to consider making a deportation order under section 91 or section 92 of the Immigration Act 1987 in respect of an offender whose liability to deportation arises out of a conviction for a particular offence,—

• (a) the chief executive of the Department of Labour must advise each specified person (as defined in subsection (2)) that the Minister proposes to consider making an order of that kind; and

• (b) that chief executive must ask each specified person to give the current address of a victim of the offence to that chief executive if that address—

  • (i) has been given or forwarded to the specified person under section 31 or section 33; and

  • (ii) has not been forwarded by the specified person under section 33; and

• (c) each specified person must, as soon as practicable after receiving a request under paragraph (b), consider, respond to, and if possible comply with, that request.

(2) For the purposes of subsection (1), each of the following persons is a specified person:

• (a) the Commissioner of Police:

• (b) the chief executive of the Department of Corrections:

• (c) the Director-General of Health.

(3) If a victim's address is given to the chief executive of the Department of Labour under subsection (1),—

• (a) that chief executive must, if practicable, give the victim notice that the Minister proposes to consider making a deportation order in respect of the offender under section 91 or section 92 of the Immigration Act 1987; and

• (b) if an order of that kind is made and the offender concerned appeals against the order under section 104 of that Act, that chief executive must give the victim's address to the Deportation Review Tribunal referred to in section 103 of that Act, and that Tribunal must give the victim prior notice of the hearing of the appeal.

(4) Failure to comply with subsection (1) or subsection (3) does not invalidate an order of the kind referred to in subsection (3)(a) or a decision on an appeal of the kind referred to in subsection (3)(b).

A victim to whom this section applies may, for any reason he or she thinks fit, appoint any other person (in sections 41 to 45 called the representative) to receive on the victim's behalf, and ensure that the victim is given and understands, any notice to be given to the victim under any of sections 34 to 39 (in sections 41 to 45 called the information).

If a representative of a victim is appointed, then, unless the appointment is terminated under section 44,—

• (a) the references to the victim's current address in sections 31(b) and (c), 33, 39, and 46 must be read as references to the representative's current address; and

• (b) the information to which the appointment relates must be given to the representative, rather than to the victim; and

• (c) the representative must make all reasonable efforts to receive on the victim's behalf, and ensure that the victim is given and understands, the information to which the appointment relates.

A victim's support person (person A) may appoint himself or herself, or another support person of the victim, as representative of the victim, on behalf of the victim, if—

• (a) the victim is not, or may not be, capable alone of appointing a representative; and

• (b) no representative of the victim has been appointed (whether in reliance on this section or not); and

• (c) person A has discussed the appointment proposed with the victim and with each other support person of the victim who person A knows, or ought reasonably to know, is another support person of the victim.

The appointment of a representative must be by a written notice that—

• (a) identifies the information to which the appointment relates; and

• (b) if the representative is appointed for a limited period only, states that period and when it starts; and

• (c) includes the representative's consent to the appointment; and

• (d) is given to the representative, and to the people who are to give the victim, through the representative, the information to which the appointment relates.

The appointment of a representative may be terminated by notice in writing given—

• (a) by the victim to both the representative and the people who were to give the victim, through the representative, the information to which the appointment relates; or

• (b) by the representative to the victim, and to the people who were to give the victim, through the representative, the information to which the appointment relates.

A notice appointing, or terminating the appointment of, a representative, takes effect—

• (a) as soon as it has been given to everyone to whom it is required to be given under section 43(d) or section 44(a) or (b); or

• (b) if it has been given to each of those people, on any later date stated in it as the date on which it takes effect.

(1) It is sufficient compliance with a requirement to give notice to a victim under any of sections 34 to 39 if the notice is given within the time required by the relevant section and by any 1 or more of the following means:

• (a) by telephoning the victim at a telephone number he or she gave as part of his or her current address; or

• (b) by posting it, or delivering it by courier or otherwise, to the victim at a postal address (for example, one of a house or office, letterbox, rural delivery box, document exchange box, or private box at a postal outlet) he or she gave as part of his or her current address; or

• (c) by sending it by fax machine to a fax number given by the victim as part of his or her current address; or

• (d) by sending it by email to the victim at the email address he or she gave as part of his or her current address.

(2) Nothing in subsection (1) prevents notice from being given by a means not stated in that subsection.

A victim to whom this section applies may participate in the process for making decisions about the offender's release from prison or release to or from home detention, under sections 43(5), 46(1), 48A, 48B, and 49(4) (and any other relevant provisions) of the Parole Act 2002.

A victim to whom this section applies may make submissions to the Minister of Immigration and to the Deportation Review Tribunal, in accordance with sections 93A and 105A of the Immigration Act 1987.

(1) This section applies if a victim or person considers—

• (a) that he or she is entitled to be accorded a right under any of sections 11 to 21, 28 to 48, and 51 (in this section and section 50 called the specified provisions); and

• (b) that he or she has not been accorded the right.

(2) The victim or person may complain to—

• (a) the person who, under the relevant specified provisions, appears to be required to accord the victim or person the right:

• (b) an Ombudsman, in accordance with the Ombudsmen Act 1975, if the person who, under the relevant specified provisions, appears to be required to accord the victim or person the right, may be the subject of a complaint under that Act:

• (c) the Independent Police Conduct Authority, in accordance with the Independent Police Conduct Authority Act 1988, if the person who, under the relevant specified provisions, appears to be required to accord the victim or person the right, is a constable:

• (d) the Privacy Commissioner, in accordance with the Privacy Act 1993, if the matter involves, or may involve, an action that is, or appears to be, an interference with the privacy of the victim or person.

(1) Except as provided in subsection (2), neither section 49 nor this section limits the ways in which rights conferred by the specified provisions (as defined in section 49(1)(a)) may be enforced.

(2) No person (for example, the Crown in right of New Zealand) may be required (for example, by any court, tribunal, or other body) to pay any money (whether by way of damages, compensation, or otherwise) to any other person just because of a breach of any of the specified provisions.

(3) An example of the operation of subsection (2) is that the Human Rights Review Tribunal (as defined in section 2(1) of the Privacy Act 1993) may require the payment of money in respect of conduct that is, or may be, a breach of any of the specified provisions, if that conduct also constitutes an interference with the privacy of an individual.

Law enforcement agencies that hold property of a person (other than an offender) for evidentiary purposes must, to the extent that it is possible to do so, return it to the person as soon as practicable after they no longer need to hold it for those purposes.

(1) The Director-General of Health may delegate any of his or her duties under sections 33(3), and 37 to 39 to any person who—

• (a) holds the office of Director or Deputy Director of Mental Health, pursuant to section 91 of the Mental Health (Compulsory Assessment and Treatment) Act 1992; or

• (b) is a Director of Area Mental Health Services appointed under section 92 of that Act; or

• (c) is a compulsory care co-ordinator appointed under section 140 of the Intellectual Disability (Compulsory Care and Rehabilitation) Act 2003.

(2) The delegation—

• (a) must be in writing and signed by the Director-General:

• (b) must specify the duties delegated, and the person or persons to whom they are delegated (the delegates):

• (c) does not prevent the Director-General from performing the duties delegated, or affect his or her responsibility for actions of the delegates:

• (d) is revocable at will by written notice to the delegates:

• (e) may be made subject to any terms and conditions stated in it the Director-General thinks fit:

• (f) may permit some or all of the delegates to delegate further the duties delegated, subject to any terms and conditions stated in it the Director-General thinks fit.

(3) A delegate—

• (a) may perform the duties delegated in the same manner and with the same effect as if they had been conferred or imposed on the delegate directly by this Act; but

• (b) must perform them (and may further delegate them to the extent that the delegation permits) only in accordance with any terms and conditions stated in the delegation.

The Acts specified in the Schedule are amended in the manner indicated in that schedule.

The Victims of Offences Act 1987 (1987 No 173) is repealed.