New Zealand Acts

VICTIMS' RIGHTS ACT 2002 - SECT 31

31 Police to give victims of specified offences information about right to ask for notice and to appoint 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).

History: Section 31: replaced, on 6 December 2014, by section 16 of the Victims’ Rights Amendment Act 2014 (2014 No 35).