New Zealand Acts

VICTIMS' RIGHTS ACT 2002 - SECT 30A

30A Victims of persons or offenders subject to mental health or intellectual disability care must be notified of person’s or offender’s designation

1 Without limiting sections 29 and 32B , this section applies to a victim if the person accused of the offence or, as the case requires, the offender—

a) is liable to be detained in a hospital or facility in connection with the offence; and

b) when their liability of that kind began, they were liable to be detained in a hospital or facility—

i) as a special patient as defined in section 2(1) of the Mental Health (Compulsory Assessment and Treatment) Act 1992 or as a special care recipient as defined in section 6(2) of the Intellectual Disability (Compulsory Care and Rehabilitation) Act 2003 ; or

ii) under an order made under section 25(1)(a) or (b) or 34(1)(b) of the Criminal Procedure (Mentally Impaired Persons) Act 2003 .

2 The Director-General of Health must give a victim to whom this section applies—

a) notice of whether the person or offender has been designated as—

i) a special patient as defined in section 2(1) of the Mental Health (Compulsory Assessment and Treatment) Act 1992 ; or

ii) a special care recipient as defined in section 6(2) of the Intellectual Disability (Compulsory Care and Rehabilitation) Act 2003 ; or

iii) a patient under the Mental Health (Compulsory Assessment and Treatment) Act 1992 , under an order made under section 25(1)(a) or 34(1)(b) of the Criminal Procedure (Mentally Impaired Persons) Act 2003 ; or

iv) a care recipient under the Intellectual Disability (Compulsory Care and Rehabilitation) Act 2003 , under an order made under section 25(1)(b) or 34(1)(b) of the Criminal Procedure (Mentally Impaired Persons) Act 2003 ; and

b) an explanation of the meaning and consequences of the person or offender’s designation; and

c) a list of the future notifications that the victim is eligible to receive.

3 The Director-General of Health must give notice under subsection (2) to the victim as soon as practicable after the person or offender has been designated as one of the classes of people described in subsection (2)(a).

History: Section 30A: inserted, on 13 December 2022, by section 43 of the Rights for Victims of Insane Offenders Act 2021 (2021 No 55).