Victims Rights

Question 1

Section 4 of the Victims Right Act 2002

Who does immediate family cover?

Answer 1

Member of the family, whanau

also includes:
spouse, civil union partner, de facto
child or step-child
brother, sister or step brother/sister
parent or step-parent
grandparent

Question 2

Section 4 of the Victims Right Act 2002

What does incapable mean?

Answer 2

lacks wholly or partly the capacity to understand/forsee the consequences of decisions/actions

** includes the person being in a station of continuing unconsciousness

Question 3

Section 4 of the Victims Right Act 2002

Who is a victim?

Answer 3

Person whom an offence is committed against

parent or legal guardian of a child victim

member of the immediate family of a person who has died

Person who has experienced FV

Question 4

Section 7 of the Victims Right Act 2002

How should victims be treated?

Answer 4

With courtesy and compassion

respect the victims dignity and privacy

Question 5

Section 8 of the Victims Right Act 2002

Is a member of a victims family entitled to counselling, medical or legal access?

Answer 5

Yes

Question 6

Section 11 of the Victims Right Act 2002

What information/services can be given to victims?

Answer 6

ACC
Health NZ
Department of Corrections
Ministry of Justice
Ministry of Social Development
NZ Police

** ASAP
These public agencies are obligated to provide information and support as soon as practicable

Question 7

Should a victim support referral be added into NIA?

Answer 7

Yes as a victim contact and notes added

Question 8

Section 12 of the Victims Right Act 2002

What information should victims be given regarding proceedings?

Answer 8

Progress
Charges
Role in the prosecution
Name suppression for Offender
Date & Place of each event
Outcomes of prosecution

** As soon as practical

Question 9

Are Police legally obligated to inform victims of file/charges progress?

Answer 9

Yes. We have a statutory responsibility to meet these obligations

Question 10

Section 17AA of the Victims Right Act 2002

What can be included in a Victim Impact Statement?

Answer 10

Recordings
Summary
Transcript
Photos
Drawings
Other visual representation by the victim

Question 11

What is the purpose of a Victim Impact Statement?

Answer 11

Enable the victim to tell the court about the effects of the offending

Assisting the court in understanding their views about the offending

Inform the offender about the impact of the offending from the victims perspective

Question 12

Which files should the Victim Contact Node be used?

Answer 12

All files, not just arrest files.

Question 13

If the child victim is at the event, does the Victim Impact Statement process change from that of an adult?

Answer 13

No, they should be dealt with in the same way as the primary victim

Question 14

Can Police sign a victim impact statement on behalf of a victim?

Answer 14

No

Question 15

When must a Victim Impact Statement be ready?

Answer 15

For the second appearance

Question 16

If the victim wants to add some further information, how should this be done?

Answer 16

Added to the bottom of the original VIS

Question 17

Can a Victim Impact Statement be provided electronically?

Answer 17

Yes

Question 18

What are “specified Offences” in regards to Section 29 Victims Rights Act?

Answer 18

Victims of….
Sexual Offending
Serious Assaults
An offense that ended in serious injury
An offence where the victim has ongoing fears for their safety / security to them or their family

Question 19

Can all Victims go on the Victim Notification Register?

Answer 19

No.
Only victims of “specified offences”

Sexual Offending
Serious Assaults
An offense that ended in serious injury
An offence where the victim has ongoing fears for their safety / security to them or their family

Question 20

What information is the victim informed about if on the Victim Notification Register?

Answer 20

Temp release or escape
Absconding from HD
Impending release from Prison
Convictions of breaching conditions of release
Recalls
Pending parole hearings
Notification of the Parole Board Hearings
Deportation Hearings
Claims under the Prisoner & Victims Claims Act 2005

Question 21

Who determines whether an offence affecting a victim is a “specified offence”?

Answer 21

The Commissioner of Police
* in this instance the duty of the Commissioner is delegated to all Police Staff

Question 22

Are the views of victims taken into account when a Judge is sentencing or applying for court release on bail?

Answer 22

Yes

Question 23

If a victim of a “specified offence” appoints a Representative, does the victim, the representative or both, receive updates?

Answer 23

The Representative

Question 24

Who may a Victim complain to?

Answer 24

An Ombudsman
Independent Police Conduct Authority
The Privacy Commissioner

Question 25

If there is a breach under the Victims Rights Act, is the victim entitled to a financial liability?

Answer 25

No
Although if the breach occurs in combination with other rights (Privacy Act etc) then there may be some financial liability

Question 26

When should evidentiary property of a Victim be returned?

Answer 26

As soon as practicable after it is no longer needed.