Reprint as at 14 July 2017

Coat of Arms of New Zealand

Prisoners’ and Victims’ Claims Act 2005

Public Act
 
2005 No 74
Date of assent
 
3 June 2005
Commencement
 
see 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

1Title
2Commencement
3Purpose of this Act
4Interpretation
5Offender
6Specified claim
7Specified internal and external complaints mechanisms
8Victim
9Victim’s claim
10Act binds the Crown
11Overview of this subpart
12Application
13Restriction on awarding of compensation
14Guiding considerations for awarding of compensation
15Subpart does not prevent complaints or access to assistance
16Expiry of subpart [Repealed]
17Compensation of prisoners, etc, must be paid to Secretary
18Secretary deducts money for legal aid, reparation, and earlier orders, then pays surplus into account
19Status of money paid to Secretary or into account
20Secretary to give notice of payments into account, etc
21How and to whom notice, etc, given
22Single process for 2 or more payments in same period
23Sending date: what it means
24Secretary’s duties for purposes of section 21
25Access to records of the Court Martial proceedings, etc, to identify, and ascertain contact details of, victims
26Procedure if no victims of accused or offender
27Service of notices
28Filing of claims
29No filing fees payable
30Secretary of Tribunal to refer claims filed to Tribunal
31Offender to be given copy of claim and reasonable opportunity to make written submission on it
32Procedure if no claims filed
33Period to allow all claims, offender’s submissions, etc
34Claims determined on papers
35Access to relevant court documents or records
36Access to records of Court Martial proceedings, etc, to help to determine victims’ claims
37Relevant findings in criminal proceedings or proceedings of Court Martial or officer to be evidence
38Tribunal may also hear submissions in exceptional cases
39Power to require information, documents, or answers
40Power to maintain order at hearings, etc
41Power to restrict publication of proceedings, etc
42Application for renewal or review of order or direction under section 41
43Contravention of orders or directions under section 41
44Availability of documents filed in connection with claims
45Other aspects of procedure
46Tribunal to determine group of claims received
47Further provisions on determination of claims received
48Implementation of order
49Procedure if victim or others entitled cannot be found
50Order under section 46 must be varied in certain circumstances
51Appeal to High Court
52Release of surplus money to offender
53End of process to be notified publicly in certain cases
54Secretary must establish account
55Payments from, and other operation of, account
56Procedure if offender or others entitled cannot be found
57Regulations on operation and auditing of account
58Tribunals
59Evidence
60Decisions to be given in writing
61Proceedings of Tribunal not invalid for want of form
62Services for Tribunal
63Limitation periods to which section 64 applies
64Limitation periods suspended while offender serving sentence of imprisonment
64ALimitation periods to which section 64B applies
64BLimitation periods suspended until standard deadline for filing of victims’ claims under this Act
64CPre-1 July 2013 Act generally continues to apply
[Repealed]
[Repealed]
65Damages [Repealed]
[Repealed]
66Interpretation [Repealed]
67Proceedings for which legal aid may be granted: civil matters [Repealed]
68When legal aid may be granted: civil matters [Repealed]
69Conditions on grant of legal aid [Repealed]
70Maximum grant [Repealed]
71Application for amendment to grant of legal aid [Repealed]
72Regulations [Repealed]
[Repealed]
73Limitation of actions of contract and tort, and certain other actions [Repealed]
[Repealed]
74Damages [Repealed]
75Schedule 5 amended [Repealed]
[Repealed]
76Police to give information about right to ask for notice and appointment of representative [Repealed]
77New section 33A inserted [Repealed]
Reprint notes