New Zealand Acts

VICTIMS' RIGHTS ACT 2002

- As at 13 December 2022
- Act 39 of 2002

TABLE OF PROVISIONS

   1.      Title

   PART 1 - Preliminary provisions

   2.      Commencement
   3.      Purpose of Act
   4.      Interpretation
   5.      Directions about members of immediate family
   5A.     Transitional, savings, and related provisions
   6.      Act binds the Crown

   PART 2 - Provisions relating to treatment and rights of victims generally

   7.      Treatment
   8.      Access to services
   9.      Restorative justice meetings to resolve issues relating to offence
   10.     Enforceability of principles
   11.     Information about programmes, remedies, and services
   12.     Information about proceedings
   13.     Limits on duties to give information under sections 11 and 12
   14.     Information may be given to victim's support person
   15.     Victim's rights under Privacy Act 2020
   16.     Restriction on disclosing victim's contact details in evidence or information provided to court
   16A.    Criminal proceedings to which section 16 does not apply
           Note
   16B.    Victim's views on application for order prohibiting permanently publication of name of accused or offender
           Note

   PART 2AA - Victim impact statements
   Note
   Note

   17AA.   Victim impact statement defined
   17AAB.  Statements by others disadvantaged by offence
   17AB.   Purpose of victim impact statements
           Note
   17.     Information to be ascertained from victim
   18.     Procedure before ascertaining information from victim
   19.     Form and verification of information ascertained
           Note
   21AA.   Victim impact statement may be used for purpose of sentence indication
           Note
   21.     Victim impact statement to be submitted to judicial officer
   21A.    Victim impact statement may be used for purpose of sentence indication
   22.     Victim impact statement may be read to court
   22A.    Victim impact statement may be presented to court in some other manner
   22B.    Weight to be given to victim impact statement
   22C.    Judicial officer not to take into account withheld part
           Note
   23.     Offender not to be given statement to keep
   24.     Return of statements at end of proceedings
   25.     Judicial officer may withhold part of statement from offender to protect victim's physical safety or security
   26.     Judicial officer not to take into account withheld part
   27.     Directions or conditions on other disclosure or other distribution of statements

   PART 2A - Provisions relating to rights of victims who are sexual case complainants
   Note

   28A.    Sections 28BA and 28D apply only to individual victims who are sexual case complainants
   28BA.   Victim’s preferences on presenting victim impact statement
   28D.    Court may be cleared when victim impact statement read or otherwise presented to court

   PART 3 - Provisions relating to rights of victims of certain offences
   Note

   29.     Specified offence defined
   29A.    Commissioner of Police to determine whether offence affecting victim is specified offence
           Note
   30.     Victim's views about release on bail of accused or offender
           Note
   30A.    Victims of persons or offenders subject to mental health or intellectual disability care must be notified of person’s or offender’s designation
           Note
   31.     Police to give victims of specified offences information about right to ask for notice and to appoint representative
   32.     Police to give Secretary information about victims of specified offences
   32A.    Secretary to give victim information about right to appoint representative and to request notices
           Note
   32B.    Application of sections 34 to 38 and 47
   33.     Address of victim or victim's representative to be forwarded in certain cases
   33A.    Notification of change of address of victim or representative
   33B.    Notification of withdrawal of request to be given notice
   33C.    Secretary must request victim's address for notice under Prisoners' and Victims' Claims Act 2005
   34.     Notice of release on bail of accused or offender
   35.     Notice of release or escape from prison detention, or of death, of offender
   35A.    Notice of cessation of, or absconding from, or death during, home detention of offender
   35B.    Notice of offender on temporary release escaping from lawful custody
   36.     Notice of convictions and sentences for breaching release or detention conditions
   36A.    Notice of decisions on recall orders
   37.     Notice of discharge, leave of absence, or escape or death of accused or offender who is compulsorily detained in hospital or facility
   38.     Exception to section 37 once certain offenders no longer liable to detention for sentence imposed for offence
   39.     Notice of proposal to cancel or suspend liability for deportation
   40.     Representatives for notice
   41.     Effect of appointment of representative
   42.     Victim's support person may be or appoint representative
   43.     Method of appointment of representative
   44.     Termination of appointment
   45.     When notices take effect
   46.     Ways in which notice required may be given
   47.     Victim may participate in process for offender's release from prison
   48.     Victim may make submission on consideration of cancellation or suspension of liability for deportation, or offender’s appeal against deportation

   PART 4 - Miscellaneous provisions

   49.     Complaints
   50.     Other ways in which rights may be enforced
   50A.    Information about complaints to be included in annual report
   51.     Return of property held as evidence
           Note
   51A.    Interpretation
   51B.    Secretary to prepare code
   51C.    Code to be approved by Minister
   51D.    Publication of code
   51E.    Amendment to code
   52.     Director-General of Health may delegate duties
   53.     Amendments
   54.     Victims of Offences Act 1987 repealed
           SCHEDULE 1AA
           SCHEDULE 1