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,—

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.

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.

On an application for the purpose by a prosecutor, and in the circumstances stated in subsection (4), a judicial officer may—

The circumstances are that the judicial officer is satisfied—

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.

The transitional, savings, and related provisions set out in Schedule 1AA have effect according to their terms.

This Act binds the Crown.

Any person who deals with a victim (for example, a judicial officer, lawyer, member of court staff, Police employee, probation officer, or member of the New Zealand Parole Board) should—

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.

This section applies if a victim requests to meet with the offender to resolve issues relating to the offence.

A member of court staff, a Police employee, or, if appropriate, a probation officer must, if satisfied that the necessary resources are available, refer the request to a suitable person who is available to arrange and facilitate a restorative justice meeting.

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.

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.

In this section,—

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).

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:

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

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).

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 any enactment.

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.

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.

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—

No person may interfere with the privacy of a victim contrary to the Privacy Act 2020.

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 2020.

This section applies to information (the information) that discloses, or that may lead to the disclosure of, a victim’s contact details.

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

The judicial officer must not grant leave unless satisfied—

In this section, contact details means any 1 or more of the following:

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.

In sections 17AB to 27, victim impact statement—

In this section, information may include any photographs, drawings, or other visual representations provided by the victim.

The purpose of a victim impact statement is to—

The prosecutor must make all reasonable efforts to ensure that information about the matters specified in subsection (2) is ascertained from the victim.

The matters referred to in subsection (1) are—

If a person is a victim in terms of paragraph (a)(iii) of the definition of victim in section 4, then a reference in subsection (2)(a) to (c) of this section to the victim includes a reference to the child or young person concerned.

If a person is a victim in terms of paragraph (a)(iv) of the definition of victim in section 4 because a member of that person’s immediate family is incapable, then a reference in subsection (2)(a) to (c) of this section to the victim includes a reference to the incapable person concerned.

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

Information ascertained from a victim under section 17 must be put into writing or recorded in another way (for example, as an audio record or video record), unless the victim objects to it being included in the victim impact statement.

Information recorded under subsection (1) may be verified—

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—

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—

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—

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.

If requested by a court giving a sentence indication under section 61 of the Criminal Procedure Act 2011, the prosecutor must submit to a judicial officer any victim impact statement that has been prepared in relation to the offence.

A victim impact statement must be submitted under subsection (1) in the form in which it was recorded under section 19 unless the judicial officer directs otherwise.

For the purposes of subsection (1), it does not matter that the victim impact statement was prepared before this section came into force.

If a victim impact statement has been prepared, the victim impact statement must be submitted by the prosecutor—

Despite subsection (1), a victim impact statement containing information ascertained from a person treated as a victim under section 20 may only be submitted with the leave of the judicial officer.

A victim may make a request to the judicial officer sentencing the offender to have all or any part of a victim impact statement submitted under section 21 read to the court by—

A judicial officer—

The reading of all or any part of a victim impact statement to the court may be subject to any time limit that the judicial officer considers appropriate.

The judicial officer sentencing the offender may, at the request of the prosecutor, agree that all or any part of a victim impact statement submitted under section 21 be presented to the court in any manner other than by reading it in accordance with section 22.

For example, the manner in which all or any part of the statement may be presented to the court under this section may be any of the following:

In determining the weight to give to a victim impact statement, the judicial officer to whom the statement has been submitted must have regard to the following matters:

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—

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.

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.

Despite anything in the Privacy Act 2020, no offender may have access to a victim impact statement relating to the offender under that Act.

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.

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

Subsection (1) does not apply to—

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.

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—

Under subsection (1), the judicial officer may—

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.

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 200 of the Criminal Procedure Act 2011 for an order or further order—

If this section applies to a victim, the prosecutor—

Sections 28BA and 28D apply only to an individual victim who is a sexual case complainant (the victim).

If a victim impact statement of the victim as a sexual case complainant is to be, or has been, submitted under section 21(1), the prosecutor must make all reasonable efforts to ensure that—

A court may, on an application made for the purpose by the prosecutor under section 199AA of the Criminal Procedure Act 2011, make an order under that section that the courtroom be cleared while the victim’s victim impact statement is read or otherwise presented to the court.

In this Act, a specified offence is—

As soon as practicable after a victim comes into contact with the New Zealand Police, the Commissioner of Police must determine whether the offence that affected the victim is a specified offence.

This section applies if—

If this section applies, the prosecutor must—

This section applies in respect of a victim of a specified offence.

The Commissioner of Police must, as soon as practicable,—

The Commissioner of Police must inform the victim that the victim has the right to ask to be given any notice under sections 34 to 38 and that, if he or she asks to be given such notices, then the victim must at the same time give to the New Zealand Police his or her address in accordance with section 32B(1)(c)(i).

The Commissioner of Police must inform the victim that if the victim asks to be given any notice under sections 34 to 38 and gives the New Zealand Police his or her address, then the victim may also be given notice under the following provisions:

The Commissioner of Police must inform the victim that—

If the Commissioner of Police knows, or ought reasonably to know, that the victim is not, or may not be, capable alone of doing any of the following, the Commissioner must inform a support person of the victim that a representative of the victim may be appointed under section 42:

Subsection (6) does not limit subsections (3) to (5).

As soon as practicable after determining that the offence that affected the victim is a specified offence, the Commissioner of Police must give to the Secretary the following information:

As soon as practicable after receiving a notice under section 32 in respect of a victim, the Secretary must inform the victim that—

Sections 34 to 38 and 47 apply to a victim only if—

Section 34 also applies to a victim (to whom subsection (1)(a) applies but not subsection (1)(b) and (c)) if—

If a victim or the victim’s representative has made a request under section 32B(1)(b) and complied with section 32B(1)(c), the Commissioner of Police must forward to the persons specified in subsection (2) the following information:

The persons referred to in subsection (1) are—

The chief executive of the Department of Corrections must forward to the Director-General of Health the information that the chief executive of the Department of Corrections has received under subsection (1) if the offender, having been liable to be detained in a prison in connection with the offence, becomes liable to be detained—

The Director-General of Health must forward to the chief executive of the Department of Corrections the information that the Director-General of Health has received under subsection (1) if 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.

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

A victim may change his or her address given under section 32B(1)(c)(i) or (2)(b)(ii)(A) by notifying in writing the persons specified in subsection (3) of that change.

A victim or the victim’s representative may change the representative’s address given under section 32B(1)(c)(ii) or (2)(b)(ii)(B) by notifying in writing the persons specified in subsection (3) of that change.

The persons referred to in subsections (1) and (2) are any of the following persons who would be likely to give the victim or the victim’s representative a notice under any of sections 34 to 38:

On receipt of a notification under subsection (1), a person (Person A) must—

On receipt of a notification under subsection (2), a person (Person A) must—

Person B who has been forwarded a notification under subsection (4)(a) or (5)(a) must confirm to the victim or the victim’s representative, as the case may be,—

A victim may withdraw his or her request to be given notice under any of sections 34 to 38 by notifying in writing each of the following persons from whom the victim or the victim’s representative would be likely to receive notice under those sections:

On receipt of a notification under subsection (1), a person (Person A) must—

A person who receives a written notification under subsection (1) or (2) is, on and after the date of receipt of that notification, no longer required to give to that victim, or the victim’s representative, any notice under sections 34 to 38.

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, the Secretary must—

As soon as practicable after receiving a request under subsection (1)(b), a person must—

In the case of a victim to whom this section applies by section 32B(1), the victim or his or her representative must, as soon as practicable, be given notice of the matters specified in subsection (1B) by the Commissioner of Police.

In the case of a victim to whom this section applies by section 32B(2), the victim or his or her representative must, as soon as practicable, be given notice of the matters specified in subsection (1B) by—

The matters referred to in subsections (1) and (1A) are—

In this section, release on bail includes a release on bail—

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.

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

In this section, prison detention—

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

If the accused or offender is temporarily released from custody under section 62(1)(a) of the Corrections Act 2004, the chief executive of the Department of Corrections must give a victim to whom this section applies notice, as soon as practicable, of every instance the accused or offender is deemed to be unlawfully at large under section 63(3) of that Act.

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

Subsection (1) does not prevent the chief executive of the Department of Corrections giving a victim to whom this section applies notice of any other matters relating to the offender’s compliance with release or detention conditions.

The New Zealand Parole Board must give a victim to whom this section applies notice, as soon as practicable, of—

The chief executive of the Department of Corrections must give a victim to whom this section applies notice, as soon as practicable, of 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 New Zealand Parole Board after a referral back to it on an appeal of that kind).

Without limiting sections 29 and 32B, 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—

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

To avoid doubt, in subsection (2)(b),—

In this section, leave provision means any of the following provisions:

This section applies if an offender referred to in section 37—

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.

The chief executive of the department of State that is, with the authority of the Prime Minister, for the time being responsible for the administration of the Immigration Act 2009 must perform the actions in subsection (2) if—

If subsection (1) applies, the chief executive must—

A specified person must, as soon as practicable after receiving a request under subsection (2)(b), comply with that request if—

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

If the victim’s address is given to the chief executive under subsection (2),—

Failure to comply with subsection (2) or (5) does not invalidate any decision of the kind referred to in subsection (5)(a) or a decision on an appeal of the kind referred to in subsection (5)(b).

A victim to whom this section applies may, for any reason he or she thinks fit, appoint any other person 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,—

However, despite subsection (1)(b), if the information to which the appointment relates is a notice to be given to the victim under section 35(1)(b)(i), 35A(b)(i), 35B, or 37(2)(c), that notice may be given to the victim directly in any case where the person giving the notice reasonably believes—

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—

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

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

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

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:

If, as required by section 41(1)(b), information is to be given to the representative of a victim, it is sufficient compliance with that requirement to give the information by any of the means set out in subsection (1)(a) to (d) and all references in those paragraphs to the victim are to be read as references to the representative.

Nothing in subsection (1) or (2) prevents notice from being given by any other means.

A victim to whom this section applies may participate in the process for making decisions about the offender’s release from prison under sections 43(3), 43(5), 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 Immigration and Protection Tribunal, in accordance with sections 173 and 208 of the Immigration Act 2009.

This section applies if a victim or person considers—

The victim or person may complain to—

Any person who receives a complaint under subsection (2)(a) must deal with the complaint promptly and fairly.

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.

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.

An example of the operation of subsection (2) is that the Human Rights Review Tribunal (as defined in section 7(1) of the Privacy Act 2020) 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.

Without limiting section 43 of the Public Finance Act 1989, each agency specified in subsection (2) must include in its annual report for each financial year that commences after the commencement of this section—

The agencies referred to in subsection (1) are—

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.

Subsection (1) does not apply to a law enforcement agency if the person advises that agency that he or she does not want the property returned.

In sections 51B to 51E,—

As soon as practicable after the commencement of this section, the Secretary must prepare a code.

The purpose of the code is to make available to victims information that is consistent with this Act and any other Act about—

In preparing the code, the Secretary—

A code prepared under section 51B does not have any effect for the purposes of this Act until—

As soon as practicable after the code has been approved by the Minister, the Secretary must notify the approval of the code in the Gazette.

The Secretary must—

The Secretary may at any time amend the code in the manner provided in sections 51B to 51D, except that consultation need not be undertaken on matters involving minor corrections or updating, or otherwise of a minor or technical nature.

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—

The delegation—

A delegate—

The Acts specified in Schedule 1 are amended in the manner indicated in that schedule.

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