Victims' Rights Act 2002

If you need more information about this Act, please contact the administering agency: Ministry of Justice

Version as at 21 December 2022

Coat of Arms of New Zealand

Victims’ Rights Act 2002

Public Act
 
2002 No 39
Date of assent
 
17 October 2002
Commencement
 
see section 2
Note

The Parliamentary Counsel Office has made editorial and format changes to this version using the powers under subpart 2 of Part 3 of the Legislation Act 2019.

Note 4 at the end of this version provides a list of the amendments included in it.

This Act is administered by the Ministry of Justice.

Contents

1Title
Part 1
Preliminary provisions
2Commencement
3Purpose of Act
4Interpretation
5Directions about members of immediate family
5ATransitional, savings, and related provisions
6Act binds the Crown
Part 2
Provisions relating to treatment and rights of victims generally
Principles guiding treatment of victims
7Treatment
8Access to services
9Restorative justice meetings to resolve issues relating to offence
10Enforceability of principles
Information to be given to victims
11Information about programmes, remedies, and services
12Information about proceedings
13Limits on duties to give information under sections 11 and 12
14Information may be given to victim’s support person
Privacy of victims
15Victim’s rights under Privacy Act 2020
16Restriction on disclosing victim’s contact details in evidence or information provided to court
16ACriminal proceedings to which section 16 does not apply
Victim’s views on application for order prohibiting permanently publication of name of accused or offender
16BVictim’s views on application for order prohibiting permanently publication of name of accused or offender
Victim impact statements
[Repealed]
Part 2AA
Victim impact statements
Definitions and purpose
17AAVictim impact statement defined
17AABStatements by others disadvantaged by offence
17ABPurpose of victim impact statements
Information to be ascertained
17Information to be ascertained from victim
18Procedure before ascertaining information from victim
19Form and verification of information ascertained
Sentence indication
21AAVictim impact statement may be used for purpose of sentence indication
Use by judicial officer
21Victim impact statement to be submitted to judicial officer
21AVictim impact statement may be used for purpose of sentence indication [Repealed]
22Victim impact statement may be read to court
22AVictim impact statement may be presented to court in some other manner
22BWeight to be given to victim impact statement
22CJudicial officer not to take into account withheld part
Distribution or disclosure
23Offender not to be given statement to keep
24Return of statements at end of proceedings
25Judicial officer may withhold part of statement from offender to protect victim’s physical safety or security
26Judicial officer not to take into account withheld part [Repealed]
27Directions or conditions on other disclosure or other distribution of statements
Part 2A
Provisions relating to rights of victims who are sexual case complainants
28ASections 28B to 28D apply only to individual victims, or all victims, who are sexual case complainants
28BVictim’s preferences on ways of giving evidence
28BAVictim’s preferences on presenting victim impact statement
28CAvailability of appropriate facilities when attending court
28DCourt may be cleared when victim impact statement read or otherwise presented to court
Part 3
Provisions relating to rights of victims of certain offences
Sections 30 to 48 apply only to victims of specified offences
29Specified offence defined
29ACommissioner of Police to determine whether offence affecting victim is specified offence
Victim’s views about release on bail of accused or offender
30Victim’s views about release on bail of accused or offender
Notice for victims of persons or offenders subject to mental health or intellectual disability care
30AVictims of persons or offenders subject to mental health or intellectual disability care must be notified of person’s or offender’s designation
Duties in relation to informing victims about receiving notices under sections 34 to 39
31Police to give victims of specified offences information about right to ask for notice and to appoint representative
32Police to give Secretary information about victims of specified offences
32ASecretary 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
32BApplication of sections 34 to 38 and 47
Victim’s address to be forwarded in certain cases
33Address of victim or victim’s representative to be forwarded in certain cases
33ANotification of change of address of victim or representative
33BNotification of withdrawal of request to be given notice
33CSecretary 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
34Notice of release on bail of accused or offender
35Notice of release or escape from prison detention, or of death, of offender
35ANotice of cessation of, or absconding from, or death during, home detention of offender
35BNotice of offender on temporary release escaping from lawful custody
36Notice of convictions and sentences for breaching release or detention conditions
36ANotice of decisions on recall orders
37Notice of discharge, leave of absence, or escape or death of accused or offender who is compulsorily detained in hospital or facility
38Exception to section 37 once certain offenders no longer liable to detention for sentence imposed for offence
39Notice of proposal to cancel or suspend liability for deportation
Representatives for notice
40Representatives for notice
41Effect of appointment of representative
42Victim’s support person may be or appoint representative
43Method of appointment of representative
44Termination of appointment
45When notices take effect
Compliance with requirements to give notice
46Ways in which notice required may be given
Participation in process under Parole Act 2002
47Victim may participate in process for offender’s release from prison
Submissions on deportation of offender
48Victim 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
49Complaints
50Other ways in which rights may be enforced
50AInformation about complaints to be included in annual report
Return of property held as evidence
51Return of property held as evidence
Code for victims
51AInterpretation
51BSecretary to prepare code
51CCode to be approved by Minister
51DPublication of code
51EAmendment to code
Director-General of Health may delegate duties under Act
52Director-General of Health may delegate duties
Amendments
53Amendments
Repeal
54Victims of Offences Act 1987 repealed
Schedule 1AA
Transitional, savings, and related provisions
Schedule 1
Enactments amended
Notes