VICTIMS

Question 1

Victims’ Rights Act 2002

Immediate family, in relation to a victim, means … ?

Answer 1

Member of the victim’s family, whanau, culturally recognised family group, who is in a close relationship with the victim at the time of the offence; AND

To avoid doubt, includes person who is:

• Victim’s spouse, civil union partner, or de facto; OR
• Child or step-child; OR
• Brother, sister or step-brother/sister; OR
• Parent or step-parent; OR
• Grandparent

Question 2

Victims’ Rights Act 2002

Incapable, in relation to a person, means … ?

Answer 2

Person lacks, wholly or partly, capacity to understand nature and foresee consequences of decisions relating to personal care and welfare; OR
- has capacity to understand nature and foresee the consequences etc … but wholly lacks the capacity to communicate decisions in respect of matters of that kind; AND

• includes being in state of continuing unconsciousness

Question 3

Victims’ Rights Act 2002
Section 11 - When a victim comes into contact with an agency, how soon must he be given information by the agency about programmes, remedies, or services available to them ?

Answer 3

As soon as practicable

Question 4

Victims’ Rights Act 2002

In Section 11, an Agency means … what ?

Answer 4

Means;

• ACC
• DHB
• Corrections:
• MOJ
• MSD
• Police.

Question 5

Victims’ Rights Act 2002

In Section 11, does “Services” also refer to restorative justice processes ?

Answer 5

YES

Question 6

Victims’ Rights Act 2002

The purpose of a victim impact statement is to … ?

Answer 6

• Enable victim to provide information to Court about effects of offending; AND
• Assist Court understanding victim’s views about offending; AND
• Inform offender about impact of offending (victim’s perspective)

Question 7

Victims’ Rights Act 2002

Can a Victim Impact Statement include photographs, diagrams and/or be electronically recorded ?

Answer 7

YES

Question 8

Victims’ Rights Act 2002

Section 29 - Specified Offence … what is this ?

Answer 8

• Sexual
• Serious Assault
• Serious Injury, Death, Person incapable
• Offence the kind led victim having ongoing fears on RG for;
• his safety or security; OR
• safety or security of immediate family.

Question 9

Victims’ Rights Act 2002

Can a victim appoint a representative to receive information ?

Answer 9

YES

Question 10

Under s49 VRA - Complaints. Who can a victim complain to if they believe a breach of their victims rights has occurred?

Answer 10

Ombudsman. IPCA. Privacy commissioner if privacy breach has occurred.

Question 11

When should a Victim Impact statement be done?

Answer 11

Good practice to do before first court appearance.

Mandatory before the second appearance.

Updates added to the original not replaced