New Zealand Acts

VICTIMS' RIGHTS ACT 2002 - SECT 49

49 Complaints

1 This section applies if a victim or person considers—

a) that he or she is entitled to be accorded a right under any of sections 11 to 21, 28 to 48, and 51 (in this section and section 50 called the
"specified provisions" ); and

b) that he or she has not been accorded the right.

2 The victim or person may complain to—

a) the person who, under the relevant specified provisions, appears to be required to accord the victim or person the right:

b) an Ombudsman, in accordance with the Ombudsmen Act 1975 , if the person who, under the relevant specified provisions, appears to be required to accord the victim or person the right, may be the subject of a complaint under that Act:

c) the Independent Police Conduct Authority, in accordance with the Independent Police Conduct Authority Act 1988 , if the person who, under the relevant specified provisions, appears to be required to accord the victim or person the right, is a constable:

d) the Privacy Commissioner, in accordance with the Privacy Act 2020 , if the matter involves, or may involve, an action that is, or appears to be, an interference with the privacy of the victim or person.

3 Any person who receives a complaint under subsection (2)(a) must deal with the complaint promptly and fairly.

History: Section 49(2)(c): amended, on 1 October 2008, pursuant to section 116(a)(ii) of the Policing Act 2008 (2008 No 72).   Section 49(2)(c): amended, on 29 November 2007, by section 26 of the Independent Police Conduct Authority Amendment Act 2007 (2007 No 38).     Section 49(2)(d): amended, on 1 December 2020, by section 217 of the Privacy Act 2020 (2020 No 31).     Section 49(3): inserted, on 6 December 2014, by section 27 of the Victims’ Rights Amendment Act 2014 (2014 No 35).