Victim Rights Act 2002 Flashcards
Definitions - Immediate family
immediate family, in relation to a victim,—
(a) means a member of the victim’s family, whanau, or other culturally recognised family group, who is in a close relationship with the victim at the time of the offence; and
(b)
to avoid doubt, includes a person who is—
(i)
the victim’s spouse, civil union partner, or de facto partner; or
(ii)
the victim’s child or step-child; or
(iii)
the victim’s brother or sister or step-brother or step-sister; or
(iv)
a parent or step-parent of the victim; or
(v)
a grandparent of the victim
Definitions - Incapable
incapable, in relation to a person,—
(a)
means that the person—
(i)
lacks, wholly or partly, the capacity to understand the nature, and to foresee the consequences, of decisions in respect of matters relating to his or her personal care and welfare; or
(ii)
has the capacity to understand the nature, and to foresee the consequences, of decisions in respect of matters relating to his or her personal care and welfare, but wholly lacks the capacity to communicate decisions in respect of matters of that kind; and
(b)
includes the person being in a state of continuing unconsciousness
Definations - Victim
means—
(i) a person against whom an offence is committed by another person; and
(ii)
a person who, through, or by means of, an offence committed by another person, suffers physical injury, or loss of, or damage to, property; and
(iii)
a parent or legal guardian of a child, or of a young person, who falls within subparagraph (i) or subparagraph (ii), unless that parent or guardian is charged with the commission of, or convicted or found guilty of, or pleads guilty to, the offence concerned; and
(iv)
a member of the immediate family of a person who, as a result of an offence committed by another person, dies or is incapable, unless that member is charged with the commission of, or convicted or found guilty of, or pleads guilty to, the offence concerned; and
(b) for the purposes only of sections 7 and 8, includes—
(i)
a person who, through, or by means of, an offence committed by another person, suffers any form of emotional harm; and
(ii)
a parent or legal guardian of a child, or of a young person, who falls within subparagraph (i), unless that parent or guardian is charged with the commission of, or convicted or found guilty of, or pleads guilty to, the offence concerned; and
(iii)
a person who has experienced family violence; and
(iv)
a child or young person residing with a person who falls within subparagraph (iii); and
(c)despite paragraphs (a) and (b), if an offence is committed by a person, does not include another person charged (whether as a principal or party or accessory after the fact or otherwise) with the commission of, or convicted or found guilty of, or who pleads guilty to,—
(i)
that offence; or
(ii)
an offence relating to the same incident or series of incidents as that crime or offence
Section 7 - Treatment of victims
Any person who deals with a victim for example a judicial officer, player or member of court staff, police, probations or member of the NZ Parole board should.
a) Treat the victim with courtesy and compassion and
b) respect the victims dignity and privacy.
Section 8 - Access to services
Access to services
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.
Section 11 - Information to be given to victims about programmes remedies and services
(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)
Health New Zealand (as defined in section 4 of the Pae Ora (Healthy Futures) Act 2022):
(c)
the Department of Corrections:
(d)
the Ministry of Justice:
(e)
the Ministry of Social Development:
(f)
the New Zealand Police
services includes participation in restorative justice processes.
(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).
Section 12 - Information about proceedings
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:
(ca) the possibility (if any) of the court making an order prohibiting the publication of identifying information about the victim, and the steps that the victim may take in relation to the making of that order:
(d) the date and place of each event listed in subsection (2):
(e) the outcome of the prosecution of the offence (and of any proceedings on appeal), for example—
(i)
any plea of guilty or conviction entered, and sentence imposed or substituted; or
(ii)
any finding that an accused is unfit to stand trial; or
(iii)
any finding that the charge was not proved; or
(iv)
any acquittal or deemed acquittal; or
(v)
any grant of free pardon.
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 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:
(f) any referral of the conviction or sentence by the Criminal Cases Review Commission under section 17 of the Criminal Cases Review Commission Act 2019.
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).
Section 17AA - Victim impact statement definition
In sections 17AB to 27, victim impact statement—
(a)
means information that—
(i)
is ascertained under section 17 from—
(A)
a victim; or
(B)
a person who, under section 17AAB, is treated as a victim; and
(ii)
is to be, or has been, submitted—
(A)
under section 21AA, on request, to a judicial officer for the purpose of giving the accused a sentence indication:
(B)
under section 21 to the judicial officer sentencing the offender or making an order under section 24(1) or 25(1) of the Criminal Procedure (Mentally Impaired Persons) Act 2003 in relation to a defendant who is acquitted on account of insanity; and
(b)
includes any recording, summary, transcript, or other copy of that information.
(2) In this section, information may include any photographs, drawings, or other visual representations provided by the victim.
Section 17AB - Purpose of a VIS
The purpose of a victim impact statement is to—
(a)
enable the victim to provide information to the court about the effects of the offending; and
(b)
assist the court in understanding the victim’s views about the offending; and
(c)
inform the offender about the impact of the offending from the victim’s perspective.
Section 17 - Information to be ascertained from victim
Information to be ascertained from victim
(1) The prosecutor must make all reasonable efforts to ensure that information about the matters specified in subsection (2) is ascertained from the victim.
(2) The matters referred to in subsection (1) are—
(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; and
(d)
any other matter consistent with the purpose of victim impact statements set out in section 17AB.
(3) 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.
(4) 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.
Section 18 - Procedure before ascertaining information from a victim
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 a victim impact statement; 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 victim impact statement, 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.
Section 29 - Specified offences defined
In this Act, a specified offence is—
(a)
an offence of a sexual nature specified in—
(i)
Part 7 of the Crimes Act 1961, (covers most sexual assault including rape, incest, indecent assault, meeting a poung person following sexual grooming etc) excluding the offences in sections 143 and 144; or (bestiality type offences)
(ii)
sections 216H to 216J (intimate visual recording) of the Crimes Act 1961; or
(b)
an offence of serious assault that does not come within paragraph (a); or
(c)
an offence that has resulted in serious injury to a person, in the death of a person, or in a person becoming incapable; or
(d)
an offence 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.
Section 29A - Commissioner of police to determine whether an offence affecting the victim is a specific offence
Commissioner of Police to determine whether offence affecting victim is specified offence
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. (under section 29)
Section 30 - Victims views about realease on bail of accused or offender.
Victim’s views about release on bail of accused or offender
(1) This section applies if—
(a) the victim is the victim of a specified offence; and
(b) the person accused of the offence or, as the case requires, the offender, applies to a court for release on bail.
(2) If this section applies, the prosecutor must—
(a) make all reasonable efforts to ascertain any views the victim has about the accused, or, as the case requires, the offender, being released on bail; and
(b) inform the court of any views ascertained under paragraph (a).
Section 31 - Police to give victims of specified offences information about right to ask for notice and to appoint a representative.
(1) This section applies in respect of a victim of a specified offence.
(2) The Commissioner of Police must, as soon as practicable,—
(a) inform the victim of the matters required by subsections (3) to (5); and
(b) inform a support person of the victim of the matters required by subsection (6).
(3) 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).
(4) 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:
(a) section 39:
(b) section 20 of the Prisoners’ and Victims’ Claims Act 2005.
(5) The Commissioner of Police must inform the victim that—
(a) the victim may appoint a representative under section 40 to request and receive on his or her behalf any notice given under sections 34 to 39; and
(b) if the victim appoints a representative, the victim or his or her representative must give to the New Zealand Police the name and address of the representative in accordance with section 32B(1)(c)(ii).
(6) 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:
(a) asking for, receiving, or understanding a notice under any of sections 34 to 39; and
(b) appointing a representative under section 40.
(7) Subsection (6) does not limit subsections (3) to (5).
