• “(1) The purpose of subpart 1 of Part 2 is to restrict and guide the awarding of compensation sought by specified claims in order to—

  • “(a) ensure that this Act's restricting effective redress by redirecting compensation away from the plaintiff does not make any person, or result in any person being, liable to pay to, or for the benefit of, the plaintiff compensation in respect of those claims; and

  • “(b) help to ensure that the remedy of compensation is reserved for exceptional cases and used only if, and only to the extent that, it is necessary to provide compensation that, if this Act did not redirect it away from the plaintiff, would (by itself, or in combination with all other remedies, if any, awarded) be effective redress.”

• “(c) redirect away from the plaintiff all money to be paid as compensation in respect of a specified claim made on or after 1 July 2012 by ensuring that, if it is not paid out of the victims' claims trust bank account under this Act before, during, or at the end of, that victims' claims procedure, it is forwarded to the victims' services bank account.”

• “(2A) Subpart 2 of Part 2 must be read with the following related enactments:

  • “(a) the Legal Services Act 2011, which facilitates the granting of legal aid in respect of victims’ claims proceedings under subpart 2 of Part 2 of this Act; and

  • “(b) the Privacy Act 1993, which enables the Ministry of Justice to have access to Police records on offender identity and victim identity for the purpose of providing assistance to victims in accordance with this Act; and

  • “(c) the Victims’ Rights Act 2002, which requires the Secretary for Justice to request, for the purposes of a notice under section 20 of this Act, the current address (including the full name) of a victim who has asked for notice of certain matters under that Act.”

• “(4) The purpose of subpart 4 of Part 2 is to ensure that after 30 June 2012 the following provisions apply or continue to apply to specified claims made before 1 July 2012, money to be paid as compensation in respect of claims of that kind, and victims' claims against money of that kind:

  • “(a) the provisions of this Act as in force immediately before 1 July 2012; and

  • “(b) this subsection and subpart 4 of Part 2 as inserted or substituted, but nothing else in this Act after it is amended, on 1 July 2012 by the Prisoners' and Victims' Claims (Redirecting Prisoner Compensation) Amendment Act 2011.”

“prescribed rate means the prescribed rate as defined in section 62B(4) of the District Courts Act 1947

“victims' services bank account means the bank account established under section 105G, and operated in accordance with sections 105H to 105J, of the Sentencing Act 2002”.

• “(aa) ensures that this Act's restricting effective redress by redirecting compensation away from the plaintiff does not make any person, or result in any person being, liable to pay to, or for the benefit of, the plaintiff compensation in respect of the claim; and”.

• “(e) requires the court or tribunal to determine whether and, if so, to what extent, to award compensation in respect of the claim as if this Act did not redirect away from the plaintiff all money required to be paid as compensation in respect of the claim.”

• “(1) This subpart applies only to proceedings—

  • “(a) in or before a court or tribunal; and

  • “(b) in which 1 or more specified claims are made; and

  • “(c) commenced on or after 1 July 2012.”

“12A Prohibition on awarding compensation because, or as result, of Act's restricting effective redress by redirecting compensation away from plaintiff

• No person is, or may be held, liable to pay compensation to or for the benefit of the plaintiff because, or as a result, of this Act's restricting effective redress by redirecting away from the plaintiff compensation awarded or to be awarded in respect of a specified claim.”

• “(c) the compensation (by itself, or in combination with all other remedies, if any, awarded) would, if this Act did not redirect it away from the plaintiff, be effective redress.”

“14A Compensation to be determined as if Act did not redirect it away from plaintiff

• “(1) This section applies to a court or tribunal determining, in proceedings to which this subpart applies, whether and, if so, to what extent compensation is required to provide redress that, if this Act did not redirect compensation away from the plaintiff, would be effective redress in respect of a specified claim.

  “(2) The court or tribunal must make those determinations as if this Act did not redirect away from the plaintiff all money required to be paid as compensation in respect of the claim.”

“52A Repayment of money if specified claim relates to control or supervision that arose solely from event or series of events that results in no plea or finding of guilt, or in conviction being set aside without accused being retried

• “(1) This section applies if money related to a specified claim and held in the account for the accused or the offender is forwarded to the victims' services bank account under section 26, 32(1)(b), 49(1), or 52(1), and—

  • “(a) the specified claim is based on an act or omission affecting the accused or the offender as a person under control or supervision; and

  • “(b) that control or supervision arose solely from an event or a series of events; and

  • “(c) that event or series of events results in 1 of the following outcomes:

    • “(i) the accused or the offender does not before or during a trial for an offence plead guilty to an offence, and is not found guilty of an offence as a result of a trial for an offence (for example, because any such trial is not proceeded with, or is ended by a stay of proceedings, without an order for retrial):

    • “(ii) a conviction for an offence is entered against the accused or the offender but is set aside in a way specified in subsection (2).

  “(2) A conviction of a person is set aside in a way to which subsection (1)(c)(ii) applies only if it is set aside without an order for retrial, or it is set aside with a retrial being ordered but that retrial—

  • “(a) is not proceeded with; or

  • “(b) does not result in a conviction; or

  • “(c) is ended by a stay of proceedings.

  “(3) If this section applies, the person who has not pleaded guilty to, or been found guilty of, an offence, or whose conviction was set aside, may file with the Secretary any court record or other official document that records any or all of the matters referred to in subsection (1).

  “(4) If satisfied, on receiving any record or other official document under subsection (3), that this section applies, the Secretary must repay to the person who has not pleaded guilty to, or been found guilty of, an offence, or whose conviction was set aside, a sum equal to the money from the specified claim that was forwarded, together with interest on that sum at the prescribed rate.”

“64A Limitation periods to which section 64B applies

• Section 64B applies to every applicable limitation period for an action based on a claim—

  • “(a) made by or on behalf of a victim after the commencement, on 1 July 2012, of section 64B; and

  • “(b) made against an offender and against money received under section 17 that is compensation in respect of a specified claim of the offender made after 30 June 2012; and

  • “(c) based on acts done or omitted to be done (whether before or after the commencement, on 1 July 2012, of section 64B) by the offender in committing the offence.

“64B Limitation periods suspended until standard deadline for filing of victims' claims under this Act

• The limitation periods to which this section applies cease to run for the action against the offender and the money received under section 17 until the standard deadline (specified in section 28(3)) for the filing of a victim's claim in the victims' claims process under subpart 2.”

“Subpart 4—Specified claims made before 1 July 2012, related compensation, and related victims' claims

“64C Pre-1 July 2012 Act generally continues to apply

• After 30 June 2012, the following provisions apply or continue to apply to specified claims made before 1 July 2012, money to be paid as compensation in respect of claims of that kind, and victims' claims against money of that kind:

  • “(a) the provisions of this Act as in force immediately before 1 July 2012; and

  • “(b) section 3(4) and this subpart as inserted or substituted, but nothing else in this Act after it is amended, on 1 July 2012 by the Prisoners' and Victims' Claims (Redirecting Prisoner Compensation) Amendment Act 2011.”