New Zealand Acts

VICTIMS' RIGHTS ACT 2002 - SECT 4

4 Interpretation

In this Act, unless the context otherwise requires,—  
"accused" or
"person accused of the offence" , in relation to a victim, means a person charged (whether as a principal or party or accessory after the fact or otherwise) with the commission of the offence that affected the victim    
"act proven but not criminally responsible on account of insanity" has the same meaning as in section 4(1) of the Criminal Procedure (Mentally Impaired Persons) Act 2003     
"address" , in relation to a victim or representative, means the address to which notices may be sent by post or electronic means (including by fax or email) and received by the victim or representative    
"audio record" means a recording on any medium from which a sound track may be produced by any means    
"child" means a person under the age of 14 years    
"facility" has the same meaning as in section 9 of the Intellectual Disability (Compulsory Care and Rehabilitation) Act 2003 ; and includes a secure facility within the meaning of that section    
"family violence" has the meaning given in section 9 of the Family Violence Act 2018     
"hospital" has the same meaning as in section 2(1) of the Mental Health (Compulsory Assessment and Treatment) Act 1992     
"immediate family" , in relation to a victim,—  

a) means a member of the victim's family, whanau, or other culturally recognised family group, who is in a close relationship with the victim at the time of the offence; and

b) to avoid doubt, includes a person who is—

i) the victim's spouse, civil union partner, or de facto partner; or

ii) the victim's child or step-child; or

iii) the victim's brother or sister or step-brother or step-sister; or

iv) a parent or step-parent of the victim; or

v) a grandparent of the victim

"incapable" , in relation to a person,—

a) means that the person—

i) lacks, wholly or partly, the capacity to understand the nature, and to foresee the consequences, of decisions in respect of matters relating to his or her personal care and welfare; or

ii) has the capacity to understand the nature, and to foresee the consequences, of decisions in respect of matters relating to his or her personal care and welfare, but wholly lacks the capacity to communicate decisions in respect of matters of that kind; and

b) includes the person being in a state of continuing unconsciousness

"judicial officer" means a Judge, or other person who holds a judicial office (for example, a Justice of the Peace or Community Magistrate), exercising jurisdiction in criminal cases and, in relation to proceedings in court, means the judicial officer presiding over the proceedings  
"lawyer" has the meaning given to it by section 6 of the Lawyers and Conveyancers Act 2006     
"offence" , in relation to a victim,—  

a) means an offence against an enactment—

i) committed against the victim (or committed against a child or young person of whom the victim is a parent or legal guardian); or

ii) through which, or by means of which, the victim (or a child or young person of whom the victim is a parent or legal guardian) suffered physical injury or emotional harm, or loss of, or damage to, property; or

iii) that resulted in the death of a member of the victim's immediate family, or in a member of the victim's immediate family being incapable; and

b) includes an alleged offence (whether or not a person is convicted of the offence) committed against the victim (or committed against a child or young person of whom the victim is a parent or legal guardian), or that has affected the victim (or a child or young person of whom the victim is a parent or legal guardian) in any of the ways referred to in paragraph (a)(ii) or (iii); and

c) includes an offence—

i) committed against the victim; and

ii) in respect of which the court recorded a finding of act proven but not criminally responsible on account of insanity under section 20 of the Criminal Procedure (Mentally Impaired Persons) Act 2003

"offender" , in relation to a victim,—

a) means a person—

i) convicted of the crime or offence that affected the victim; or

ii) charged with the crime or offence that affected the victim, and in respect of which the court recorded a finding of act proven but not criminally responsible on account of insanity under section 20 of the Criminal Procedure (Mentally Impaired Persons) Act 2003 ; and

b) in section 9 (which relates to meetings requested by victims) and sections 17AA to 27 (which relate to victim impact statements), includes a person found guilty of, or who pleads guilty to, that crime or offence

"representative" means a person appointed under section 40   
"Secretary" means the Secretary for Justice    
"sexual case" means a criminal proceeding in which a person is charged with, or is waiting to be sentenced or otherwise dealt with for,—  

a) an offence against any of the provisions of sections 128 to 142A or section 144A of the Crimes Act 1961 ; or

b) any other offence against the person of a sexual nature

"sexual case complainant" means a complainant who is to give or is giving evidence in a sexual case  
"specified offence" has the meaning given in section 29     
"support person" , in relation to a victim, means—  

a) a spouse, civil union partner, or de facto partner of the victim:

b) a parent or another close relative or a legal guardian of the victim:

ba) a person whom the victim nominates by notice in writing as his or her support person (not being a person accused of the offence, or the offender):

c) a Social Worker (as defined in section 2(1) of the Oranga Tamariki Act 1989 ) if—

i) the victim is a child or young person who is in the custody or under the guardianship or in the care of the chief executive or another person under that Act; or

ii) the victim is a child who is not married or in a civil union and who is placed under the guardianship of the court by an order under section 31(1)(a) of the Care of Children Act 2004 , and the Social Worker is appointed the agent of the court by an order under section 31(1)(b) or section 33(1)(c)(ii) of that Act :

d) a welfare guardian of the victim, or manager of the property of the victim, appointed under the Protection of Personal and Property Rights Act 1988 :

e) an attorney appointed by the victim under a power of attorney described in section 95 of the Protection of Personal and Property Rights Act 1988 if—

i) the matter is one relating to the personal care and welfare of the victim in relation to which the attorney is authorised to act under the power of attorney; and

ii) the occasion for the attorney to act has arisen under section 98(3) of that Act

"victim" —

a) means—

i) a person against whom an offence is committed by another person; and

ii) a person who, through, or by means of, an offence committed by another person, suffers physical injury, or loss of, or damage to, property; and

iii) a parent or legal guardian of a child, or of a young person, who falls within subparagraph (i) or subparagraph (ii), unless that parent or guardian is charged with the commission of, or convicted or found guilty of, or pleads guilty to, the offence concerned; and

iv) a member of the immediate family of a person who, as a result of an offence committed by another person, dies or is incapable, unless that member is charged with the commission of, or convicted or found guilty of, or pleads guilty to, the offence concerned; and

b) for the purposes only of sections 7 and 8 , includes—

i) a person who, through, or by means of, an offence committed by another person, suffers any form of emotional harm; and

ii) a parent or legal guardian of a child, or of a young person, who falls within subparagraph (i), unless that parent or guardian is charged with the commission of, or convicted or found guilty of, or pleads guilty to, the offence concerned; and

iii) a person who has experienced family violence; and

iv) a child or young person residing with a person who falls within subparagraph (iii); and

c) despite paragraphs (a) and (b), if an offence is committed by a person, does not include another person charged (whether as a principal or party or accessory after the fact or otherwise) with the commission of, or convicted or found guilty of, or who pleads guilty to,—

i) that offence; or

ii) an offence relating to the same incident or series of incidents as that crime or offence

"victim of a specified offence" means a victim of an offence that the Commissioner of Police determines, under section 29A , is a specified offence  
"video record" means a recording on any medium from which a moving image may be produced by any means; and includes an accompanying sound track    
"young person" means a person of or over the age of 14 years but under 18 years.  

Note: 1987 No 173 s 2

History: Section 4 act proven but not criminally responsible on account of insanity: inserted, on 13 December 2022, by section 28(3) of the Rights for Victims of Insane Offenders Act 2021 (2021 No 55).   Section 4 address: inserted, on 6 December 2014, by section 4(1) of the Victims’ Rights Amendment Act 2014 (2014 No 35).     Section 4 audio record: inserted, on 21 December 2021, by section 26 of the Sexual Violence Legislation Act 2021 (2021 No 60).     Section 4 child: amended, on 1 July 2019, by section 60(1) of the Oranga Tamariki Legislation Act 2019 (2019 No 30).     Section 4 domestic violence: repealed, on 1 July 2019, by section 259(1) of the Family Violence Act 2018 (2018 No 46).     Section 4 facility: inserted, on 1 September 2004, by section 51 of the Criminal Procedure (Mentally Impaired Persons) Act 2003 (2003 No 115).     Section 4 family violence: inserted, on 1 July 2019, by section 259(1) of the Family Violence Act 2018 (2018 No 46).     Section 4 immediate family paragraph (b): substituted, on 26 April 2005, by section 7 of the Relationships (Statutory References) Act 2005 (2005 No 3).     Section 4 lawyer: substituted, on 1 August 2008, by section 348 of the Lawyers and Conveyancers Act 2006 (2006 No 1).     Section 4 offence paragraph (c): inserted, on 13 December 2022, by section 28(1) of the Rights for Victims of Insane Offenders Act 2021 (2021 No 55).     Section 4 offender: replaced, on 13 December 2022, by section 28(2) of the Rights for Victims of Insane Offenders Act 2021 (2021 No 55).     Section 4 representative: inserted, on 6 December 2014, by section 4(1) of the Victims’ Rights Amendment Act 2014 (2014 No 35).     Section 4 Secretary: inserted, on 6 December 2014, by section 4(1) of the Victims’ Rights Amendment Act 2014 (2014 No 35).     Section 4 sexual case: inserted, on 21 December 2021, by section 26 of the Sexual Violence Legislation Act 2021 (2021 No 60).     Section 4 sexual case complainant: inserted, on 21 December 2021, by section 26 of the Sexual Violence Legislation Act 2021 (2021 No 60).     Section 4 specified offence: inserted, on 6 December 2014, by section 4(1) of the Victims’ Rights Amendment Act 2014 (2014 No 35).     Section 4 support person paragraph (a): substituted, on 26 April 2005, by section 7 of the Relationships (Statutory References) Act 2005 (2005 No 3).     Section 4 support person paragraph (ba): inserted, on 6 December 2014, by section 4(3) of the Victims’ Rights Amendment Act 2014 (2014 No 35).     Section 4 support person paragraph (c): amended, on 14 July 2017, by section 149 of the Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 (2017 No 31).     Section 4 support person paragraph (c)(ii): amended, on 1 July 2005, by section 151 of the Care of Children Act 2004 (2004 No 90).     Section 4 support person paragraph (c)(ii): amended, on 26 April 2005, by section 7 of the Relationships (Statutory References) Act 2005 (2005 No 3).     Section 4 victim paragraph (b)(iii): inserted, on 6 December 2014, by section 4(4) of the Victims’ Rights Amendment Act 2014 (2014 No 35).     Section 4 victim paragraph (b)(iii): amended, on 1 July 2019, by section 259(1) of the Family Violence Act 2018 (2018 No 46).     Section 4 victim paragraph (b)(iv): inserted, on 6 December 2014, by section 4(4) of the Victims’ Rights Amendment Act 2014 (2014 No 35).     Section 4 victim of a specified offence: inserted, on 6 December 2014, by section 4(1) of the Victims’ Rights Amendment Act 2014 (2014 No 35).     Section 4 video record: inserted, on 21 December 2021, by section 26 of the Sexual Violence Legislation Act 2021 (2021 No 60).     Section 4 young person: replaced, on 1 July 2019, by section 60(2) of the Oranga Tamariki Legislation Act 2019 (2019 No 30).