“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

“domestic violence has the meaning given in section 3 of the Domestic Violence Act 1995

“representative means a person appointed under section 40

“Secretary means the Secretary for Justice

“specified offence has the meaning given in section 29

“victim of a specified offence means a victim of an offence that the Commissioner of Police determines, under section 29A, is a specified offence”.

• “(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”.

• “(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):”.

• “(iii) a person who has experienced domestic violence; and

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

“9 Restorative justice meetings to resolve issues relating to offence

• “(1) This section applies if a victim requests to meet with the offender to resolve issues relating to the offence.

  “(2) A member of court staff, a Police employee, or, if appropriate, a probation officer must, if satisfied that the necessary resources are available, refer the request to a suitable person who is available to arrange and facilitate a restorative justice meeting.”

• “(2) In this section,—

  “agency means—

  • “(a) the Accident Compensation Corporation:

  • “(b) a DHB (as defined in section 6(1) of the New Zealand Public Health and Disability Act 2000):

  • “(c) the Department of Corrections:

  • “(d) the Ministry of Justice:

  • “(e) the Ministry of Social Development:

  • “(f) the New Zealand Police

  “services includes participation in restorative justice processes.”

• “(ca) the possibility (if any) of the court making an order prohibiting the publication of identifying information about the victim, and the steps that the victim may take in relation to the making of that order:”.

• “(e) the outcome of the prosecution of the offence (and of any proceedings on appeal), for example—

  • “(i) any plea of guilty or conviction entered, and sentence imposed or substituted; or

  • “(ii) any finding that an accused is unfit to stand trial; or

  • “(iii) any finding that the charge was not proved; or

  • “(iv) any acquittal or deemed acquittal; or

  • “(v) any grant of free pardon.”

• “(f) any hearing of a question of conviction or sentence referred by the Governor-General under section 406(a) of the Crimes Act 1961 and any hearing of an appeal against the determination of that question.”

• “(c) has, in writing, nominated that support person to receive it and given a current address for that support person.”

• “(1) This section applies to information (the information) that discloses, or that may lead to the disclosure of, a victim's contact details.”

• “(4) In this section, contact details means any 1 or more of the following:

  • “(a) residential address:

  • “(b) postal address:

  • “(c) email address:

  • “(d) home telephone number:

  • “(e) business telephone number:

  • “(f) mobile telephone number:

  • “(g) fax number.”

“17AA Victim impact statement defined

• “(1) In sections 17AB to 27, victim impact statement—

  • “(a) means information that—

    • “(i) is ascertained under section 17 from—

      • “(A) a victim; or

      • “(B) a person who, under section 20, is treated as a victim; and

    • “(ii) is to be, or has been, submitted—

      • “(A) under section 21AA, on request, to a judicial officer for the purpose of giving the accused a sentence indication:

      • “(B) under section 21 to the judicial officer sentencing the offender; and

  • “(b) includes any recording, summary, transcript, or other copy of that information.

  “(2) In this section, information may include any photographs, drawings, or other visual representations provided by the victim.

“17AB Purpose of victim impact statements

• The purpose of a victim impact statement is to—

  • “(a) enable the victim to provide information to the court about the effects of the offending; and

  • “(b) assist the court in understanding the victim's views about the offending; and

  • “(c) inform the offender about the impact of the offending from the victim's perspective.”

“17 Information to be ascertained from victim

• “(1) The prosecutor must make all reasonable efforts to ascertain from the victim information about the matters specified in subsection (1A) so that this information may be included in a victim impact statement.

  “(1) The prosecutor must make all reasonable efforts to ensure that information about the matters specified in subsection (1A) is ascertained from the victim.

  “(1A) The matters referred to in subsection (1) are—

  • “(a) any physical injury or emotional harm suffered by the victim through, or by means of, the offence; and

  • “(b) any loss of, or damage to, property suffered by the victim through, or by means of, the offence; and

  • “(c) any other effects of the offence on the victim; and

  • “(d) any other matter consistent with the purpose of victim impact statements set out in section 17AB.

  “(2) If a person is a victim in terms of paragraph (a)(iii) of the definition of victim in section 4, then a reference in subsection (1A)(a) to (c) of this section to the victim includes a reference to the child or young person concerned.

  “(3) If a person is a victim in terms of paragraph (a)(iv) of the definition of victim in section 4 because a member of that person's immediate family is incapable, then a reference in subsection (1A)(a) to (c) of this section to the victim includes a reference to the incapable person concerned.”

• “(i) that the information is being ascertained for a victim impact statement; and”.

• “(a) that the victim gave the information knowing that it was to be included in a victim impact statement, and knowing that he or she was required to ensure that any information that he or she gave is true; and”.

• “(a) advised the victim that the information was to be included in a victim impact statement; and”.

“21AA Victim impact statement may be used for purpose of sentence indication

• “(1) If requested by a court giving a sentence indication under section 61 of the Criminal Procedure Act 2011, the prosecutor must submit to a judicial officer any victim impact statement that has been prepared in relation to the offence.

  “(2) A victim impact statement must be submitted under subsection (1) in the form in which it was recorded under section 19 unless the judicial officer directs otherwise.

  “(3) For the purposes of subsection (1), it does not matter that the victim impact statement was prepared before this section came into force.

“21 Victim impact statement to be submitted to judicial officer

• “(1) A If a victim impact statement has been prepared, the victim impact statement must be submitted by the prosecutor—

  • “(a) to the judicial officer sentencing the offender; and

  • “(b) in the form in which it was recorded under section 19 unless the judicial officer directs otherwise.

  “(2) Despite subsection (1), a victim impact statement containing information ascertained from a person treated as a victim under section 20 may only be submitted with the leave of the judicial officer.

“22 Victim impact statement may be read to court

• “(1) A victim may make a request to the judicial officer sentencing the offender to have all or any part of a victim impact statement submitted under section 21 read to the court by—

  • “(a) the victim; or

  • “(b) the prosecutor; or

  • “(c) a person nominated by the victim, not being an accused or offender in relation to—

    • “(i) the offence; or

    • “(ii) another offence arising from the same incident or series of incidents as the offence.

  “(2) A judicial officer—

  • “(a) must agree to a request made under subsection (1) by a victim of a specified offence unless the judicial officer considers it inappropriate to do so because of—

    • “(i) the number of requests made under subsection (1):

    • “(ii) the age and maturity of the offender:

    • “(iii) the content of the victim impact statement being inconsistent with the purpose of victim impact statements set out in section 17AB:

    • “(iv) concern about the risk of serious disruption to the proceedings or a risk to the safety of any person:

  • “(b) may agree to a request made under subsection (1) by a victim of an offence of any other kind.

  “(3) The reading of all or any part of a victim impact statement to the court may be subject to any time limit that the judicial officer considers appropriate.

“22A Victim impact statement may be presented to court in some other manner

• The judicial officer sentencing the offender may, at the request of the prosecutor, agree that all or any part of a victim impact statement submitted under section 21 be presented to the court in any manner other than by reading it (for example, if the information ascertained from a victim is recorded on an audiotape, by playing that audiotape).

“22B Weight to be given to victim impact statement

• In determining the weight to give to a victim impact statement, the judicial officer to whom the statement has been submitted must have regard to the following matters:

  • “(a) whether the statement is verified in the way stated in section 19(3) or (4); and

  • “(b) if the statement is verified, the date of the verification; and

  • “(c) any other matters that the judicial officer considers may properly be taken into account.”

“Sections 30 to 48 apply only to victims of specified offences

“29 Specified offence defined

• In this Act, a specified offence is—

  • “(a) an offence of a sexual nature specified in—

    • “(i) Part 7 of the Crimes Act 1961, excluding the offences in sections 143 and 144; or

    • “(ii) sections 216H to 216J of the Crimes Act 1961; or

  • “(b) an offence of serious assault that does not come within paragraph (a); or

  • “(c) an offence that has resulted in serious injury to a person, in the death of a person, or in a person becoming incapable; or

  • “(d) an offence of another kind, and that has led to the victim having ongoing fears, on reasonable grounds,—

    • “(i) for his or her physical safety or security; or

    • “(ii) for the physical safety or security of 1 or more members of his or her immediate family.

“29A Commissioner of Police to determine whether offence affecting victim is specified offence

• As soon as practicable after a victim comes into contact with the New Zealand Police, the Commissioner of Police must determine whether the offence that affected the victim is a specified offence.

“Victim's views about release on bail of accused or offender

“30 Victim's views about release on bail of accused or offender

• “(1) This section applies if—

  • “(a) the victim is the victim of a specified offence; and

  • “(b) the person accused of the offence or, as the case requires, the offender, applies to a court for release on bail.

  “(2) If this section applies, the prosecutor must—

  • “(a) make all reasonable efforts to ascertain any views the victim has about the accused, or, as the case requires, the offender, being released on bail; and

  • “(b) inform the court of any views ascertained under paragraph (a).

“Duties in relation to informing victims about receiving notices under sections 34 to 39

“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 the victim may appoint a representative under section 40 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).

“32 Police to give Secretary information about victims of specified offences

• As soon as practicable after determining that the offence that affected the victim is a specified offence, the Commissioner of Police must give to the Secretary the following information:

  • “(a) the name of—

    • “(i) the victim; and

    • “(ii) the victim's representative (if any); and

  • “(b) the address of—

    • “(i) the victim; or

    • “(ii) the victim's representative.

“32A Secretary to give victim information about right to appoint representative and to request notices

• As soon as practicable after receiving a notice under section 32 in respect of a victim, the Secretary must inform the victim that—

  • “(a) the victim may appoint a representative under section 40; and

  • “(b) the victim, or his or her representative, has the right to request to be given any notice under sections 34 to 38; and

  • “(c) the victim, or his or her representative, at the same time as exercising the right in paragraph (b), must give to the New Zealand Police an address under section 32B(1)(c)(i) or (ii).

“Sections 34 to 38 and 47 apply only to certain victims who request notice and give address

“32B Application of sections 34 to 38 and 47

• “(1) Sections 34 to 38 and 47 apply to a victim only if—

  • “(a) the victim is a victim of a specified offence; and

  • “(b) the victim, or the victim's representative, has requested the New Zealand Police to ensure that the victim—

    • “(i) is given notice under sections 34 to 38; and

    • “(ii) is given or supplied with notice or advice of matters or decisions or directions, and copies of orders and conditions, to be given or supplied to victims under sections 41, 43, 45, 50, and 58 (and any other relevant provisions) of the Parole Act 2002; and

  • “(c) at the same time as the victim, or the victim's representative, makes a request under paragraph (b), the New Zealand Police is given—

    • “(i) the victim's address; or

    • “(ii) the name and address of the victim's representative.

  “(2) Section 34 also applies to a victim (to whom subsection (1)(a) applies but not subsection (1)(b) and (c)), if—

  • “(a) the victim's views have been ascertained under section 30 about the release on bail of the person accused of the offence or the offender; and

  • “(b) the victim, or the victim's representative, has—

    • “(i) requested the New Zealand Police to ensure that the victim is given notice under section 34; and

    • “(ii) given to the New Zealand Police, at the same time as making a request under subparagraph (i),—

      • “(A) the victim's address; or

      • “(B) the name and address of the victim's representative.”

“33 Address of victim or victim's representative to be forwarded in certain cases

• “(1) If a victim or the victim's representative has made a request under section 32B(1)(b) and complied with section 32B(1)(c), the Commissioner of Police must forward to the persons specified in subsection (2) the following information:

  • “(a) the victim's name and address; or

  • “(b) the victim's name and the name and address of the victim's representative.

  “(2) The persons referred to in subsection (1) are—

  • “(a) the chief executive of the Department of Corrections, if—the person accused of the offence or, as the case requires, the offender is or becomes liable to be detained in a prison in connection with the offence and the Commissioner has not already forwarded a copy of the address under paragraph (b):

    • “(i) the person accused of the offence or, as the case requires, the offender is or becomes liable to be detained in a prison in connection with the offence and the Commissioner has not already forwarded a copy of the address under paragraph (b); or

    • “(ii) the offender has been sentenced to home detention:

  • “(b) the Director-General of Health, if the person accused of the offence or, as the case requires, the offender, is or becomes liable to be detained in a hospital or facility in connection with the offence, his or her liability to detention is of a kind referred to in section 37(1)(a) or (b), and the Commissioner has not already forwarded a copy of the address under paragraph (a).

  “(3) The chief executive of the Department of Corrections must forward to the Director-General of Health the information that the chief executive of the Department of Corrections has received under subsection (1) if the offender, having been liable to be detained in a prison in connection with the offence, becomes liable to be detained—

  • “(a) in a hospital following an application under section 45(2) of the Mental Health (Compulsory Assessment and Treatment) Act 1992, or under an arrangement under section 46 of that Act; or

  • “(b) in a facility following an application under section 29(1) of the Intellectual Disability (Compulsory Care and Rehabilitation) Act 2003.

  “(4) The Director-General of Health must forward to the chief executive of the Department of Corrections the information that the Director-General of Health has received under subsection (1) if the person accused of the offence or, as the case requires, the offender, having been liable to be detained in a hospital or facility in connection with the offence, is removed to a prison under section 47(1) of the Mental Health (Compulsory Assessment and Treatment) Act 1992 or section 71 of the Intellectual Disability (Compulsory Care and Rehabilitation) Act 2003.

  “(5) An address required to be forwarded under this section must be forwarded as soon as practicable after the requirement arises.

“33A Notification of change of address of victim or representative

• “(1) A victim may change his or her address given under section 32B(1)(c)(i) or (2)(b)(ii)(A) by notifying in writing the persons specified in subsection (3) of that change.

  “(2) A victim or the victim's representative may change the representative's address given under section 32B(1)(c)(ii) or (2)(b)(ii)(B) by notifying in writing the persons specified in subsection (3) of that change.

  “(3) The persons referred to in subsections (1) and (2) are any of the following persons who would be likely to give the victim or the victim's representative a notice under any of sections 34 to 38:

  • “(a) the Commissioner of Police:

  • “(b) the chief executive of the Department of Corrections:

  • “(c) the Director-General of Health.

  “(4) On receipt of a notification under subsection (1), a person (Person A) must—

  • “(a) forward the notification to any other person (Person B) to whom Person A has, under section 33, forwarded the victim's name and address; and

  • “(b) inform the victim that the victim's name and change of address have been forwarded to Person B.

  “(5) On receipt of a notification under subsection (2), a person (Person A) must—

  • “(a) forward the notification to any other person (Person B) to whom Person A has, under section 33, forwarded the name and address of the victim's representative; and

  • “(b) inform the victim or the victim's representative from whom the notification was received that the name and change of address of the victim's representative have been forwarded to Person B.

  “(4) On receipt of a notification under subsection (1), a person (Person A) must—

  • “(a) confirm receipt of the notification to the victim; and

  • “(b) forward the notification to any other person (Person B) to whom Person A has, under section 33, forwarded the victim's name and address; and

  • “(c) if the notification has been forwarded under paragraph (b), inform the victim—

    • “(i) that this has been done; and

    • “(ii) of the name of Person B.

  “(5) On receipt of a notification under subsection (2), a person (Person A) must—

  • “(a) confirm receipt of the notification to the victim or the victim's representative, as the case may be; and

  • “(b) forward the notification to any other person (Person B) to whom Person A has, under section 33, forwarded the victim's name and address; and

  • “(c) if the notification has been forwarded under paragraph (b), inform the victim or the victim's representative from whom the notification was received—

    • “(i) that this has been done; and

    • “(ii) of the name of Person B.

  “(6) Person B who has been forwarded a notification under subsection (4)(a) or (5)(a) must confirm to the victim or the victim's representative, as the case may be,—

  • “(a) receipt of the notification from Person A; and

  • “(b) that any future change of address should be notified under subsection (1) or (2) to Person B.

“33B Notification of withdrawal of request to be given notice

• “(1) A victim may withdraw his or her request to be given notice under any of sections 34 to 38 by notifying in writing each of the following persons from whom the victim or the victim's representative would be likely to receive notice under those sections:

  • “(a) the Commissioner of Police:

  • “(b) the chief executive of the Department of Corrections:

  • “(c) the Director-General of Health.

  “(1A) On receipt of a notification under subsection (1), a person (Person A) must forward that notification to any other person to whom Person A has, under section 33, forwarded—

  • “(a) the victim's name and address; or

  • “(b) the name and address of the victim's representative.

  “(1A) On receipt of a notification under subsection (1), a person (Person A) must—

  • “(a) confirm receipt of the notification to the victim; and

  • “(b) forward the notification to any other person (Person B) to whom Person A has, under section 33, forwarded—

    • “(i) the victim's name and address; or

    • “(ii) the name and address of the victim's representative; and

  • “(c) if the notification has been forwarded under paragraph (b), inform the victim—

    • “(i) that this has been done; and

    • “(ii) of the name of Person B.

  “(2) A person who receives a written notification under subsection (1) or (1A) is, on and after the date of receipt of that notification, no longer required to give to that victim, or the victim's representative, any notice under sections 34 to 38.

“33C Secretary must request victim's address for notice under Prisoners' and Victims' Claims Act 2005

• “(1) If the Secretary is required by section 20 of the Prisoners' and Victims' Claims Act 2005 to give a written notice notifying the payment of money into the victims' claims trust bank account to be held in trust for an accused or an offender, the Secretary must—

  • “(a) advise each of the following persons of that fact:

    • “(i) the Commissioner of Police:

    • “(ii) the chief executive of the Department of Corrections:

    • “(iii) the Director-General of Health; and

  • “(b) request each of those persons to supply the full name and address of any victim of the offence, or the victim's representative, in respect of whom the person has received an address under any of sections 32B to 33A.

  “(2) As soon as practicable after receiving a request under subsection (1)(b), a person must—

  • “(a) respond to that request; and

  • “(b) if possible, supply that information.”

• “(1) In the case of a victim to whom this section applies by section 32B(1), the victim or his or her representative must, as soon as practicable, be given notice of the matters specified in subsection (1B) by the Commissioner of Police.

• “(1A) In the case of a victim to whom this section applies by section 32B(2), the victim or his or her representative must, as soon as practicable, be given notice of the matters specified in subsection (1B) by—

  • “(a) the Commissioner of Police, if the application for release on bail was opposed by the prosecutor; or

  • “(b) the Secretary, if—

    • “(i) the application for release on bail was not opposed by the prosecutor; and

    • “(ii) in respect of the victim or his or her representative, the Secretary has received an address under section 32(b).

• “(1B) The matters referred to in subsections (1) and (1A) are—

  • “(a) whether the person accused of the offence or, as the case requires, the offender, offender has been released on bail; and

  • “(b) if the person accused of the offence or, as the case requires, the offender, has been released on bail, any terms or conditions of release offender has been released on bail, any terms or conditions of release imposed at any time that—

    • “(i) relate to the safety and security of the victim, or of 1 or more members of the victim's immediate family, or of both; or

    • “(ii) require the accused or offender not to associate with, or not to contact, the victim, or 1 or more members of the victim's immediate family, or both; and

  • “(c) if an application for release on bail has been made and the hearing of that application has been adjourned, the date to which the hearing has been adjourned.

  • “(c) if any term or condition of release referred to in paragraph (b)(i) or (ii) is by order of the court or Registrar varied, revoked, or substituted with any other term or condition, the detail of that order; and

  • “(d) if an application for release on bail has been made and the hearing of that application has been adjourned, the date to which the hearing has been adjourned.”

“35 Notice of release or escape from, or death in, prison detention of accused or offenderNotice of release or escape from prison detention, or of death, of offender

• “(1) The chief executive of the Department of Corrections must give a victim to whom this section applies—

  • “(a) reasonable prior notice of the offender's—

    • “(i) the offender's impending temporary release from custody under section 62 of the Corrections Act 2004 (other than where the offender is to be accompanied throughout by 1 or more constables as a condition of the release):

    • “(ii) the offender's sentence of imprisonment being cancelled and substituted with a sentence of home detention under section 80K of the Sentencing Act 2002:

    • “(iii) the offender's impending release from prison detention if the offender does not have a parole eligibility date under section 20 of the Parole Act 2002 (because the offender has cumulative sentences of imprisonment of not more than 24 months):

  • “(b) notice, as soon as practicable, of the accused or offender's—

    • “(i) escape from prison detention, unless the accused or offender sooner returns, or is returned to, the place of prison detention:

    • “(ii) death in prison:

  • “(ba) notice, as soon as practicable, of the offender's death if the offender dies while subject to any release conditions imposed by—

    • “(i) the court under section 93 of the Sentencing Act 2002:

    • “(ii) the New Zealand Parole Board under section 18(2) or 29(1) of the Parole Act 2002:

  • “(c) notice, shortly beforehand, of the offender's sentence end date for the offence, being the date that is the later of the following applicable dates:

    • “(i) the date on which the offender has served the full term of the sentence imposed in respect of the offence:

    • “(ii) the expiry date of any release conditions imposed by the court under section 93 of the Sentencing Act 2002 when sentencing the offender for the offence:

    • “(iii) the expiry date of any release conditions imposed on the offender by the New Zealand Parole Board under section 18(2) of the Parole Act 2002 that apply after the offender has served the full term of the sentence imposed in respect of the offence.

  “(2) In this section, prison detention—

  • “(a) means detention in a prison (or in a Police station or other place of confinement, in accordance with section 35 of the Corrections Act 2004); and

  • “(b) includes, if a child or young person is serving a sentence of imprisonment, detention of the child or young person under that sentence in a residence of the kind referred to in section 142A(1) of the Criminal Justice Act 1985 section 34A of the Corrections Act 2004; but

  • “(c) does not include—

    • “(i) detention of a child or young person in Police custody, or in the custody of the chief executive, an Iwi Social Service, or a Cultural Social Service, and pending hearing, under section 238(1)(d) or (e) of the Children, Young Persons, and Their Families Act 1989; and

    • “(ii) detention of a kind referred to in section 37(1)(a) or (b) of this Act.

“35A Notice of cessation of, or absconding from, or death during, home detention of offender

• The chief executive of the Department of Corrections must give a victim to whom this section applies—

  • “(a) reasonable prior notice of the offender ceasing to be subject to a sentence of home detention (including where the sentence of home detention is cancelled and substituted with another sentence under section 80F(4) of the Sentencing Act 2002); and

  • “(b) notice, as soon as practicable, of—

    • “(i) every instance of the offender, being on home detention, leaving the home detention residence (other than in accordance with his or her detention conditions) unless the offender sooner returns, or is returned to, the home detention residence:

    • “(ii) the death, during home detention, of the offender.

    • “(ii) the offender's death during home detention or while subject to any post-detention conditions imposed under section 80N or 80R of the Sentencing Act 2002; and

  • “(c) notice, shortly beforehand, of the expiry date of any post-detention conditions imposed under section 80N or 80R of the Sentencing Act 2002.”

• “(a) every conviction of the offender for an offence against section 71(1) of the Parole Act 2002 of breaching, without reasonable excuse, any standard release conditions or special conditions imposed by the New Zealand Parole Board:

• “(ab) every conviction of the offender for an offence against section 80S(a) or 80U(1) of the Sentencing Act 2002 of breaching, without reasonable excuse,—

  • “(i) any standard or special detention conditions of a sentence of home detention:

  • “(ii) any standard or special post-detention conditions of a sentence of home detention:

• “(ac) every conviction of the offender for an offence against section 96(1) of the Sentencing Act 2002 of breaching, without reasonable excuse, any standard or special conditions imposed by the court that apply on release from a term of imprisonment of 24 months or less:”.

• “(1A) The New Zealand Parole Board must give a victim to whom this section applies notice, as soon as practicable, of every decision to make or to refuse to make a final recall order, under section 66 of the Parole Act 2002, recalling the offender to continue serving his or her sentence in prison.”

“36 Notice of convictions and sentences for breaching release or detention conditions

• “(1) The chief executive of the Department of Corrections must give a victim to whom this section applies notice, as soon as practicable, of—

  • “(a) every conviction of the offender for an offence against section 71(1) of the Parole Act 2002 of breaching, without reasonable excuse, any standard release conditions or special conditions imposed by the New Zealand Parole Board:

  • “(b) every conviction of the offender for an offence against section 80S(a) or 80U(1) of the Sentencing Act 2002 of breaching, without reasonable excuse,—

    • “(i) any standard or special detention conditions of a sentence of home detention:

    • “(ii) any standard or special post-detention conditions of a sentence of home detention:

  • “(c) every conviction of the offender for an offence against section 96(1) of the Sentencing Act 2002 of breaching, without reasonable excuse, any standard or special conditions imposed by the court that apply on release from a term of imprisonment of 24 months or less:

  • “(d) the sentence imposed on the offender in respect of a conviction referred to in paragraphs (a), (b), and (c).

  “(2) Subsection (1) does not prevent the chief executive of the Department of Corrections giving a victim to whom this section applies notice of any other matters relating to the offender's compliance with release or detention conditions.

“36A Notice of decisions on recall orders

• “(1) The New Zealand Parole Board must give a victim to whom this section applies notice, as soon as practicable, of—

  • “(a) every decision to make an interim recall order, under section 62 of the Parole Act 2002, that results in the offender being detained in a prison pending the determination of an application for recall made under that Act in respect of the offender:

  • “(b) every decision to make or to refuse to make a final recall order, under section 66 of the Parole Act 2002, recalling the offender to continue serving his or her sentence in a prison:

  • “(c) every decision to quash an interim recall order or a final recall order, being a decision made on a review under section 67 of the Parole Act 2002 (or made by the New Zealand Parole Board after a referral back to it on a review of that kind).

  “(2) The chief executive of the Department of Corrections must give a victim to whom this section applies notice, as soon as practicable, of every decision to quash a final recall order, being a decision made on an appeal under section 68 of the Parole Act 2002 (or made by the New Zealand Parole Board after a referral back to it on an appeal of that kind).”

• “(b) reasonable prior notice of the first unescorted leave of absence from the hospital or facility granted to the person or offender under a leave provision; and

• “(ba) reasonable prior notice of the first unescorted overnight leave of absence granted to the person or offender under a leave provision; and”.

• “(3) To avoid doubt, in subsection (2)(b),—

  “facility includes the land on which the facility is situated

  “hospital includes the land on which the hospital is situated.

• “(4) In this section, leave provision means any of the following provisions:

  • “(a) section 31, 50, or 52 of the Mental Health (Compulsory Assessment and Treatment) Act 1992:

  • “(b) section 65, 66, or 67 of the Intellectual Disability (Compulsory Care and Rehabilitation) Act 2003.”

• “(b) request the specified person to provide to the chief executive the address of the victim of the offence, or of the victim's representative.”

• “(3) A specified person must, as soon as practicable after receiving a request under subsection (2)(b), comply with that request if—

  • “(a) that address has been given or forwarded to the specified person under section 32B to 33A; and

  • “(b) the specified person has not forwarded that address under section 33 to any other specified person.”

• “(2) If, as required by section 41(b), information is to be given to the representative of a victim, it is sufficient compliance with that requirement to give the information by any of the means set out in subsection (1)(a) to (d) and all references in those paragraphs to the victim are to be read as references to the representative.

• “(3) Nothing in subsection (1) or (2) prevents notice from being given by any other means.”

“47 Victim may participate in process for offender's release from prison

• A victim to whom this section applies may participate in the process for making decisions about the offender's release from prison under sections 43(3), 43(5), and 49(4) (and any other relevant provisions) of the Parole Act 2002.”

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

“50A Information about complaints to be included in annual report

• “(1) Without limiting section 43 of the Public Finance Act 1989, each agency specified in subsection (2) must include in its annual report for each financial year that commences after the commencement of this section—

  • “(a) a summary of the services provided by that agency to victims (as defined in this Act):

  • “(b) statistical information about—

    • “(i) the number and type of complaints received by that agency under section 49 of this Act; and

    • “(ii) the disposition of those complaints.

  “(2) The agencies referred to in subsection (1) are—

  • “(a) the Crown Law Office:

  • “(b) the Department of Corrections:

  • “(c) the Department of Labour:

  • “(d) the Ministry of Justice:

  • “(e) the Ministry of Social Development:

  • “(f) the New Zealand Police.”

• “(2) Subsection (1) does not apply to a law enforcement agency if the person advises that agency that he or she does not want the property returned.”

“Code for victims

“51A Interpretation

• In sections 51B to 51E,—

  “code means the code for victims

  “Minister means the Minister of Justice.

“51B Secretary to prepare code

• “(1) As soon as practicable after the commencement of this section, the Secretary must prepare a code.

  “(2) The purpose of the code is to make available to victims information that is consistent with this Act and any other Act about—

  • “(a) the rights of victims; and

  • “(b) the services available to victims from government agencies and other organisations; and

  • “(c) the duties and responsibilities of government agencies when dealing with victims.

  “(3) In preparing the code, the Secretary—

  • “(a) must consult with the government agencies that provide services to victims; and

  • “(b) may consult with any persons or representatives of persons as the Secretary considers appropriate.

“51C Code to be approved by Minister

• A code prepared under section 51B does not have any effect for the purposes of this Act until—

  • “(a) it has been submitted to the Minister; and

  • “(b) the Minister, after being satisfied that appropriate consultation has been carried out under section 51B(3), has approved and signed the code.

“51D Publication of code

• “(1) As soon as practicable after the code has been approved by the Minister, the Secretary must notify the approval of the code in the Gazette.

  “(2) The Secretary must—

  • “(a) promote awareness of the code in a variety of communications media; and

  • “(b) make copies of the code accessible to members of the public (whether electronically or otherwise).

“51E Amendment to code

• The Secretary may at any time amend the code in the manner provided in sections 51B to 51D, except that consultation need not be undertaken on matters involving minor corrections or updating, or otherwise of a minor or technical nature.”

“Victims' Rights Amendment Act 2011 (2011 No 95)

“Repeal sections 4 to 7.”

“victim has the meaning given in section 2A”.

“2A2B Meaning of victim

• “(1) In this Act, victim means—

  • “(a) a person against whom an offence is committed by a child or young person:

  • “(b) a person who, through, or by means of, an offence committed by a child or young person, suffers physical injury or loss of, or damage to, property:

  • “(c) a parent or guardian of a child or young person who is a victim within the meaning of paragraph (a) or (b), unless that parent or guardian is—

    • “(i) the child or young person charged with the commission of the offence concerned:

    • “(ii) the child or young person against whom a charge in respect of the offence has been proved before a Youth Court:

  • “(d) a member of the immediate family of a person who, as a result of an offence committed by a child or young person, dies or is incapable, unless that member is—

    • “(i) the child or young person charged with the commission of the offence concerned:

    • “(ii) the child or young person against whom a charge in respect of the offence has been proved before a Youth Court.

  “(2) If an offence is committed by a child or young person then, despite subsection (1), victim does not include—

  • “(a) any other person against whom (whether as a principal or party or accessory after the fact or otherwise)—

    • “(i) that offence is proved before a Youth Court; or

    • “(ii) an offence relating to the same incident or series of incidents as that offence is proved before a Youth Court; or

  • “(b) any other person who (whether as principal or party or accessory after the fact or otherwise)—

    • “(i) is charged with the commission of, or convicted or found guilty of, that offence; or

    • “(ii) is charged with the commission of, or convicted or found guilty of, an offence relating to the same incident or series of incidents as that offence.

  “(3) For the purposes of the definition of victim in subsection (1),—

  “immediate family and incapable have the meanings given in section 4 of the Victims' Rights Act 2002

  “offence includes an alleged offence.”

• “(2) If a child or young person appears before the Youth Court charged with the commission of an offence that the Commissioner of Police determines under section 29A of the Victims' Rights Act 2002 to be a specified offence, then,—

  • “(a) before the court makes an order under subsection (1), the prosecutor must—

    • “(i) make all reasonable efforts to ascertain the views (if any) each victim has about which of the types of order that may be made under subsection (1) is the most appropriate to be made by the court; and

    • “(ii) inform the court of those views; and

  • “(b) after the court has made an order under subsection (1), the Commissioner of Police must inform each victim (whether or not the victim's views have been ascertained under paragraph (a)) of—

    • “(i) the order made by the court; and

    • “(ii) in the case of any order made under subsection (1)(b), any conditions of bail imposed by the court that—

      • “(A) relate to the safety and security of the victim or 1 or more members of the victim's immediate family, or of both; or

      • “(B) require the child or young person not to associate with, or not to contact, the victim or 1 or more members of the victim's immediate family, or both.

• “(3) Nothing in subsection (2) prevents the court from making an order under subsection (1), even though the court has not been informed of the views of any victim.

• “(4) The court must not refuse bail to a child or young person merely because the court considers that the child or young person is in need of care or protection (as defined in section 14).

• “(5) In this section,—

  “immediate family has the meaning given in section 4 of the Victims' Rights Act 2002

  “specified offence has the meaning given in section 29 of the Victims' Rights Act 2002.”

• “(1A) A person referred to in subsection (1) who does not, for any reason, attend any meeting of a family group conference is not solely by reason of that non-attendance precluded from attending any subsequent meeting of that family group conference, or any meeting of the family group conference reconvened under section 270.”

• “(2) If, under subsection (1)(f), a victim of an offence or alleged offence attends a family group conference in person or, as the case may be, by a representative, that victim or representative may be accompanied by any reasonable number of persons (being members of the victim's or representative's family, whanau, or family group, or any other persons) who attend the conference for the purpose only of providing support to that victim or representative.”

• “(ja) a victim of the offence or alleged offence, or his or her representative:

• “(jb) any 1 or more support persons (subject to any limitation on numbers imposed by the Judge) for the victim of the offence, or the victim's representative:”.

• “(2) If, during the hearing, the Judge requests a person of the kind described in paragraph (jb) or (k) to leave the courtroom, that person must do so.”

• “(5) Subsection (6) applies if a young person in respect of whom a supervision with residence order is made under section 283(n)—

  • “(a) leaves or is taken without authority from a residence; or

  • “(b) refuses or neglects to return to a residence.

• “(6) The chief executive must make all reasonable effects to notify each victim of the offence committed by the young person that the young person has absconded from the residence.”

“395A Victims to be notified of deaths

• “(1) This section applies if—

  • “(a) a child or young person dies; and

  • “(b) at the time of his or her death, the child or young person was—

    • “(i) on remand or the subject of an order under section 283(n) (supervision with residence order); and

    • “(ii) residing in a residence established under section 364.

  “(2) The chief executive must make all reasonable efforts to notify each victim of the offence committed by the child or young person of the death of that child or young person.”

• “3A The Victims' Rights Act 2002, as follows:

  • “(a) sections 7 and 8, and, for the purposes of these sections, victim also includes—

    • “(i) a person who, through or by means of an offence committed by a child or young person, suffers any form of emotional harm; and

    • “(ii) a parent or guardian of a child or young person who is a victim within the meaning of subparagraph (i), unless that parent or guardian is—

      • “(A) the child or young person charged with the commission of the offence concerned:

      • “(B) the child or young person against whom a charge in respect of the offence has been proved before a Youth Court; and

    • “(iii) a person who has experienced domestic violence; and

    • “(iv) a child or young person residing with a person who falls within subparagraph (iii), not being the child or young person who committed the offence or alleged offence:

  • “(ab) section 10:

  • “(b) section 11 (except the definition of services in subsection (2) does not apply):

  • “(c) section 12 (except subsections (1)(ca) and (3) do not apply) with the following modifications to subsection (1)(e):

    • “(i) the reference to a conviction is to be read as a reference to a finding of the Youth Court that a charge against a child or young person is proved:

    • “(ii) the reference to a sentence is to be read as a reference to an order made by the Youth Court under section 283 of this Act:

  • “(d) section 13 (except that despite subsection (3), section 12 overrides section 438 of this Act):

  • “(e) sections 14 to 16A:

  • “(f) sections 17AA to 27 if the Youth Court is to make an order under section 283 of this Act (other than where the Court is to discharge an information under section 282 of this Act), so far as they are applicable and with the following modifications:

    • “(i) references to an offender are to be read as references to a child or young person against whom a charge in respect of the offence is proved before a Youth Court:

    • “(ii) references to a conviction are to be read as references to a finding of a Youth Court that a charge against a young person is proved:

    • “(iii) the reference in section 17(2) to paragraph (a)(iii) of the definition of victim in section 4 is to be read as a reference to paragraph (c) of the definition of victim in section 2A of this Act:

  • “(g) section 37 if, in addition to the requirements of subsection (1) of that section,—

    • “(i) the victim is the victim of a specified offence; and

    • “(ii) the victim has requested the Commissioner of Police to ensure that he or she is given notice under section 37; and

    • “(iii) the Commissioner of Police has referred that request to the Director-General of Health and provided the Director-General of Health with the victim's address:

  • “(h) section 38 if, in addition to the requirements of subsection (1) of that section,—

    • “(i) the victim is the victim of a specified offence; and

    • “(ii) the victim has requested the Commissioner of Police to ensure that he or she is given notice under section 38; and

    • “(iii) the Commissioner of Police has referred that request to the Director-General of Health and provided the Director-General of Health with the victim's address:

  • “(i) the provisions of Part 4, so far as they are applicable, except that the reference to offender in section 51(1) includes a child or young person against whom a charge in respect of the offence has been proved before a Youth Court.”

• “(2A) When, under subsection (2)(b), the Board gives notice to a victim that a hearing is pending, the Board must also prepare and send to the victim an explanation of the hearing process and how the victim may participate in that process.”

• “(d) an explanation of the hearing process and how the victim may participate:”.

• “(2) The Department of Corrections must prepare and send to the victim the information specified in subsection (1) before—

  • “(a) the parole hearing; and

  • “(b) each subsequent parole hearing, if at the earlier parole hearing the Board does not direct that the offender be released on parole.”

• “(7) Notification under subsection (5) or (6) must include,—

  • “(a) if the hearing is to be an unattended one,—

    • “(i) a summary of the reasons for the decision that the hearing will be unattended; and

    • “(ii) advice on the right under section 46 to seek a review of the decision; and

    • “(iii) advice to the offender and victim on the right under section 47 to have an interview; and

  • “(b) if the hearing is to be an attended one,—

    • “(i) notice of the date of the hearing; and

    • “(ii) relevant information about the rights of people attending.”

• “(1) A person who has received notice under section 45(5) that the hearing will be an unattended one and who is dissatisfied with the decision may seek a review of that decision.

• “(1A) A review is sought under subsection (1) by writing to the Board within 10 days of the date of the notification given under section 45(5).”

“47 Interviews before hearings

• “(1) If a hearing is to be an unattended hearing, the offender and every victim of the offender must be given the opportunity to have an interview before the hearing with 1 member of the panel allocated to conduct the hearing.

  “(2) The member conducting the interview may conduct the interview at whatever place and in whatever manner he or she considers appropriate, subject to this section.

  “(3) In relation to an interview with a victim,—

  • “(a) the victim may have a support person with him or her, and the support person may, with the consent of the victim and the permission of the member conducting the interview, speak on behalf of the victim; and

  • “(b) if there are special circumstances, and with the consent of the victim and the prior written approval of the Board, the victim may be represented at the interview by another person who must attend the interview in place of the victim; and

  • “(c) the interview may not take place at a prison, unless the victim (or his or her representative) consents.

  “(4) At an interview with an offender, the offender may have a support person with him or her, and the support person may, with the consent of the offender and the permission of the member conducting the interview, speak in support of the offender.”

“24A Adjournment for restorative justice process in certain cases

• “(1) This section applies if—

  • “(a) an offender appears before a District Court at any time before sentencing; and

  • “(b) the offender has pleaded guilty to the offence; and

  • “(c) there are 1 or more victims of the offence; and

  • “(d) no restorative justice process has previously occurred in relation to the offending; and

  • “(e) the Registrar has informed the court that an appropriate restorative justice process can be accessed.

  “(2) The court must adjourn the proceedings to—

  • “(a) enable inquiries to be made by a suitable person to determine whether a restorative justice process is appropriate given the wishes of the victims and in the circumstances of the case, taking into account the wishes of the victims; and

  • “(b) enable a restorative justice process to occur if the inquiries made under paragraph (a) reveal that a restorative justice process is appropriate in the circumstances of the case.”

• “(5) Despite subsections (1) and (3), the court must not order the making of reparation in respect of any consequential loss or damage described in subsection (1)(c) for which compensation has been, or is to be, paid under the Accident Compensation Act 2001.”

• “(ii) the amount or extent of compensation paid or payable under the Accident Compensation Act 2001 to the person who suffered the loss or damage in respect of that loss or damage:”.

• “(5) Despite subsection (3)(b), the court must not order the payment of compensation in respect of any consequential loss or damage described in subsection (3)(b)(iii) for which compensation has been, or is to be, paid under the Accident Compensation Act 2001.”

• “(4) Despite subsection (2)(b), the court must not order the payment of compensation in respect of any consequential loss or damage described in subsection (2)(b)(iii) for which compensation has been, or is to be, paid under the Accident Compensation Act 2001.”

• “(5) Despite subsection (3)(b), the court must not order the payment of compensation in respect of any consequential loss or damage described in subsection (3)(b)(iii) for which compensation has been, or is to be, paid under the Accident Compensation Act 2001.”