know your rights

Every single victim of crime in this country has rights under law and our role is to be an effective and consistent voice for these rights.

The following section describes the personalised or general support available on the rights and needs of victims. It includes authorities, decision-makers, professionals and the general public – those who can ensure victims are recognised and have access to support and resources. This includes rights under the Victim Rights Act 2002, Sentencing Act 2002 and Parole Act 2002

Your Rights Under The 2002 Victims’ Rights Act

The Victims Rights Act 2002 makes sure that if you are a victim, your rights will be taken seriously. The Victim Rights Act turns many of the vague principles contained in the 1987 Victim of Offences Act into mandatory obligations. This ensures that the Government Department responsible for delivering your rights will do so or be held accountable.

Victims’ Rights Act: general principles

If you have suffered any sort of harm (whether physical, emotional or financial) as a result of an offence you should be treated with courtesy and compassion and have your dignity and privacy respected. You should also receive help with meeting any welfare, health, counselling, medial or legal needs you have that have resulted from your victimisation.

Victims’ Rights Act: your right to information

If you have had an offence committed against you, and you have suffered physical injury, loss of or damage to your property, or you are the parent or legal guardian of a child or young person who is a victim, you are entitled to receive prompt information about:

• The services and remedies that are available to you, this can include information about:
  • Medical treatment available to you
  • Financial or other assistance provided by the agency concerned
  • Any legal protection that may be available to you, for example under the 1995 Domestic Violence Act or the 1997 Harassment Act.
  • Referral to other support agencies.
    
    
• The progress of any investigation, including:
  • Any charges laid, or reasons for not laying charges
  • How the accused/offender will be dealt with.
    
    
• Any Court proceedings, such as:
  • The date and place of all court appearances, hearings and any appeals
  • Any bail conditions that have been set
  • Your role as a witness
  • The result of any court proceedings.

If you would prefer, you can nominate a support person to receive this information on your behalf.

Victims’ Rights Act: other rights

In addition to your rights to receive information you are also entitled to the prompt return of any property that has been used as evidence. Also your home address will not be disclosed to the court unless the Judicial Officer rules that it is relevant to the case and its evidential value outweighs any harm it may cause you.

Victims’ Rights Act: your views will be sought

If the accused/offender applies for name suppression, the prosecutor must seek your views about whether this should be granted and will make your views known to the judge. You will also be asked how the offence has affected you, in order that a Victim Impact Statement (Link to: Our Services/Victim Impact Statement) can be prepared.

You do not have to provide this information, but if you do, the judge will consider it during sentencing. If you wish you can read this statement during the court hearing or have someone else read it on your behalf.

To protect your safety, the accused/offender is not allowed to keep a copy of your statement, and all or part of it can be withheld. You can also give your views to the NZ Parole Board on whether an offender should be granted parole or home detention and about any conditions you think should be put in place if this is granted.

Victims’ Rights Act: additional rights for victims of serious offences

Victims of serious offences have additional rights under the Victims Rights Act. These rights apply if:

• You are a victim of sexual violation or serious assault
• You were seriously injured
• The offence resulted in the death or incapacitation of someone in your immediate family
• You have ongoing and reasonable fears for your safety or the safety of anyone in your immediate family.

Release on bail

If the court is considering granting bail to the accused, your views will be taken into account by the judge, and you will be informed of what the judge decides.

Victim Notification System

If you are eligible, the NZ Police will inform you about the Victim Notification System and provide you with the necessary forms to complete. If you are part of the Victim Notification System you will receive more detailed information about your case and the progress the offender has made through the criminal justice system. You can request that someone else receive this information on your behalf, however that person must agree to this in writing. If you do choose to enrol in this system, you must provide the police with your current address and update this if you move.

Being enrolled in the system entitles you to:

• Appear and make oral submissions to the NZ Parole Board
• Be accompanied by one or more support persons. With the Board’s permission your support person may speak in your support, or with your permission they may speak on your behalf.

The type of information you will automatically receive if enrolled in the system will include:

• The time and place of the offenders next parole hearing, and/or hearing to consider the offender’s release to home detention, or final release.
• When the offender is due for final release from prison or home detention.
• The outcome of any of these hearings, including any terms or conditions the NZ Parole Board may set on release that relate to you or your family’s safety or to issues that you raised in your submission.
• Prior notice of any release or escape of the offender.
• Notice of any conviction of the offender for a breach of the release conditions and any decisions to recall the offender.
• When the offender is to be detained in, or transferred to, or discharged from a psychiatric hospital.
• Whether deportation of the offender is being considered.

You can also:

• Request access to documents that may assist you in preparing any submissions you choose to make to the NZ Parole Board. This can include information about any programmes the offender has attended during the sentence and whether he or she completed the programme.

Redress

The Victims Rights Act does not guarantee victims the right to compensation or restitution for the losses and harm they have incurred as a result of the offence. However, there is a degree of compensation available through ACC and a number of ways in which redress can occur through either the Courts or through Family Group and Restorative Justice Conferences.

Restorative Justice

Both the 2002 Sentencing Act and the 2002 Victims Rights Act encourage meetings to occur between victims and offenders to help resolve issues related to the offence. The offender, or someone acting on the offender’s behalf may offer to make amends to you for the harm or losses you have suffered as a result of the crime. This could involve an offer of money or another form of compensation such as work or service. (It is not compulsory for you to accept this or to participate in these meetings).

However the Sentencing Act requires the Judge to take into account when sentencing the offender any offer or agreement to make amends. In doing this, the Judge is also required to take into account your views about whether or not you accept the offer as making amends for the harm done.

Family Group Conferences

If a child or person under the age of 17 commits a crime, a Family Group Conference may be held to decide what to do about the offender. You will be invited to attend and can if you wish take people along with you for support. Again it is not compulsory for you to attend.

Reparation

Since the 2002 Sentencing Act was introduced much more emphasis has been put on sentencing the offender to pay reparation to the victim. In fact, in most cases whenever an offender is convicted of an offence that resulted in a victim suffering, loss or damage to property or emotional harm or any consequential damage resulting from the above, the Court is required to impose a sentence of reparation or give reasons for not doing so.

Complaints Procedures

If you feel that any of your rights have not been upheld you should first tall to the agency concerned, if you would like Victim Support can help you do this. If you are not satisfied with the response given to you by the agency concerned you can make a complaint to:

The Office of the Ombudsmen
PO Box 10 152
Wellington
Tel 0800 802 602

Police Complaints Authority
PO Box 5025
Wellington
Tel 0800 503 728

The Privacy Commissioner
PO Box 466
Auckland
Tel 0800 803 909

Tell Us Your Story

We are always keen to hear from victims about your personal experiences - please contact us.