General policy statement

The Prisoners’ and Victims’ Claims Act 2005 (the Act)—

• restricts and guides awards of compensation sought by specified human rights claims made by a person (in this statement called a prisoner) under the State's control or supervision; and

• provides a simplified process (in this statement called the victims' claims process) for the making and determination of claims that a victim of a prisoner may make against compensation required to be paid in respect of specified human rights or tort claims made by the prisoner.

The restrictions on the awarding of compensation expire on, and the victims' claims process applies only to compensation in respect of claims made before, 1 July 2012. This Bill defers that expiry, and extends that application, for 1 year, so that—

• the restrictions on awarding of compensation expire with the close of 30 June 2013; and

• the victims’ claims process also applies to compensation awarded, or to be paid pursuant to an out-of-court final settlement, in respect of a prisoner's claim made on or after 1 July 2012 but before 1 July 2013.

This Bill is to bridge the gap between the expiry of the current regime on 30 June 2012 and progressing the implementation of the Government's policy to make the existing victims' claims process permanent, and redirect any prisoners' compensation remaining after that process to fund services and programmes for victims of crime.

Regulatory impact statement

The Ministry of Justice produced a regulatory impact statement on 28 March 2012 to help inform the policy decisions taken by the Government relating to the contents of this Bill. A copy of this regulatory impact statement can be found at—

• http://www.justice.govt.nz/policy/regulatory-impact-statements

• http://www.treasury.govt.nz/publications/informationreleases/ris

Clause by clause analysis

Clause 1 is the Title clause.

Clause 2 relates to commencement. The Bill is to come into force on the day after Royal assent.

Clause 3 identifies the principal Act amended: the Prisoners' and Victims' Claims Act 2005. A reference in this analysis to a provision is, unless the context requires otherwise, a reference to a provision of that Act.