To help to achieve its purpose, when compensation is sought from a court or tribunal by a specified claim, this subpart—

This subpart applies only to proceedings—

If, under this section, this subpart applies to proceedings, this subpart applies to them both—

No court or tribunal may, in proceedings to which this subpart applies, award any compensation sought by a specified claim unless satisfied that—

In this section, reasonable use of a complaints mechanism means the use that the court or Tribunal considers it reasonable for the plaintiff to have made in the circumstances.

A court or tribunal must take into account the matters specified in subsection (2) in determining, in proceedings to which this subpart applies,—

The matters referred to in subsection (1) are—

In this section, the right concerned has the meaning given to it by the definition of specified claim in section 6.

Nothing in this subpart prevents a person under control or supervision from complaining to, or seeking the assistance of, an authority, official agency or body, or statutory officer.

A person must pay to the Secretary, immediately, all money that, after the commencement of this Act, the person becomes liable to pay as compensation and—

For the purposes of subsection (1)(a), a judgment of a court or tribunal (whether at first instance or on appeal) is final—

Nothing in subsection (1)(b) applies to an out-of-court final settlement of a specified claim containing a provision to the effect that it is a settlement that is not subject to this subpart.

Subsection (1) applies even if that money is also—

In subsection (4), a creditor includes the Commissioner of Inland Revenue or any other person or body to whom any taxes, duties, fines, levies, or other charges, deductions, or amounts (for example, under the Child Support Act 1991 or the Student Loan Scheme Act 2011) are payable.

No person has a right of action against the Crown, an agent of the Crown, or any other person, in respect of any investment or payment of money permitted or required by this subpart or by regulations made under section 57.

On receiving money under section 17, the Secretary must, as soon as practicable,—

In this section,—

Subsection (1)(b) applies regardless of the conditions of a relevant sentence of reparation or order of reparation, for example, any conditions in respect of the following matters:

An order under paragraph (d)(ii) of the definition of order of reparation in subsection (2) is secondary legislation (see Part 3 of the Legislation Act 2019 for publication requirements).

Money paid into the account, or to the Secretary, in accordance with this subpart, may be paid out only in accordance with this subpart or regulations made under section 57.

In particular, until paid out to the accused or the offender in accordance with this subpart or regulations made under section 57, that money is, even if the accused or the offender has a beneficial interest in it,—

In subsection (2), a creditor includes the Commissioner of Inland Revenue or any other person or body to whom any taxes, duties, fines, levies, or other charges, deductions, or amounts (for example, under the Child Support Act 1991 or the Student Loan Scheme Act 2011) are payable.

Money paid into the account, in accordance with this subpart, is money paid to the Crown in trust for the accused or the offender.

Nothing in Part 7 of the Public Finance Act 1989 (which relates to trust money) applies to money that, in accordance with this section, is paid to the Crown in trust for the accused or the offender.

After paying money into the account under section 18(1)(d), the Secretary must as soon as practicable—

This section and section 21 do not permit or require a written notice in respect of a matter to be given contrary to an enactment, rule of law, or order or direction of a court or tribunal prohibiting or forbidding the publication of—

The notice required by section 20 must be given—

If the notice required by section 20 is given under subsection (1) to the people to whom it is required to be given under that subsection, it may, if the Secretary thinks fit, also be given by 1 or more of the methods in subsection (4).

However, if the notice required by section 20 is not given under subsection (1) to all the people to whom it is required to be given under that subsection, it must be given by 1 or more of the methods in subsection (4).

The methods referred to in subsections (2) and (3) are—

The Secretary is not required by this section to give a person, by any method, the notice required by section 20 if the Secretary believes on reasonable grounds that a limitation defence could be pleaded successfully in response to a victim’s claim made by that person.

The Secretary must send the Secretary of the Tribunal a copy of every notice required by section 20 and given in accordance with this section.

If a notice required by section 20 is to be given within 6 months after the sending date of any previous notice required by section 20 in respect of the same accused or offender, the notice must—

In sections 22 and 28, sending date, in relation to a notice required by section 20 notifying a payment into the account, means whichever is the earlier of the following dates:

The Secretary must, for the purposes of section 21, take reasonable steps to identify, and ascertain the contact details of, people who may be or are victims of the accused or the offender.

Those steps include requesting under section 33A of the Victims’ Rights Act 2002 the current address (including the full name) of a person—

To help to identify, and ascertain the contact details of, people who may be or are victims of the accused or the offender, the Secretary may, by making a request for the purpose to the appropriate Registrar or Judge Advocate General, and without paying a fee, access or search, inspect, and take or be issued with copies of or extracts from, court documents or records that—

Those court documents or records include the ones specified in section 35(2)(a) to (d).

The Secretary is not required by this section to take steps to ascertain the contact details of a person if the Secretary believes on reasonable grounds that a limitation defence could be pleaded successfully in response to a victim’s claim made by that person.

This section applies to a document or record specified in section 35(2)(c) or (d), requested under section 24(3), and that the Judge Advocate General considers, and has advised the Secretary, should not be disclosed for reasons of security.

The Secretary cannot access or search, inspect, and take or be issued with copies or extracts from, the document or record.

The Judge Advocate General may, if he or she thinks fit, perform the Secretary’s duties under sections 20 to 24 so far as they relate to and arise from the document or record.

This section overrides sections 20 to 24.

The Secretary must apply to a Tribunal for an order that all money held in the account for the accused or the offender be paid to the accused or the offender promptly if the Secretary—

On an application under subsection (1), the Tribunal must,—

The Secretary must comply with the order of the Tribunal.

Subsection (3) applies subject to the prior implementation of any provision of an out-of-court final settlement of a specified claim requiring compensation to be withheld from the accused or the offender and used to satisfy outstanding fines of the accused or the offender.

A notice or other document required by this Act to be served on, or given to, a person is sufficiently served if it is—

If the person is absent from New Zealand, the notice or other document may be served on or given to the person’s agent in New Zealand.

If the person is deceased, the notice or other document may be served on or given to the person’s personal representatives.

A notice or other document sent to a person by post must, unless the contrary is shown, be treated as having been served 5 working days after it was posted; and in proving the delivery it is sufficient to prove that the letter was properly addressed and posted.

Despite anything in subsections (1) to (4), a Tribunal may in any circumstances make an order directing the manner in which a notice or other document is to be served or given, or dispensing with the service or giving of the notice or document.

A victim’s claim may be filed by or on behalf of a person if—

The claim must be—

The deadline referred to in subsections (2), (4), and (5) is,—

The Tribunal may permit a victim’s claim to be filed within a further period it specifies if it is satisfied that the victim was prevented by factors beyond his or her control from filing the claim before the deadline.

The Tribunal’s power under subsection (4) is exercisable on a written application for the purpose filed with the Secretary of the Tribunal before the deadline.

No fee is payable to the Secretary of the Tribunal for filing a document relating to, or for the Tribunal hearing or determining, a victim’s claim filed under this subpart.

The Secretary of the Tribunal must, as soon as practicable after a claim or application is filed under section 28, refer the claim or application to the appropriate Tribunal to be dealt with in accordance with this subpart.

The appropriate Tribunal is a Tribunal designated in writing by the Chief District Court Judge to deal with the group of victims’ claims (if any) arising from—

The Chief District Court Judge may designate a Tribunal for 1 or more specified groups of claims, or 1 or more specified classes of groups of claims, filed under section 28.

The Chief District Court Judge may designate another Tribunal to deal with some or all of a claim or application if the Tribunal to which it has been referred under this section is, because of exceptional circumstances, unable to deal with all or that part of the claim or application.

However, the Chief District Court Judge must consult with the Judge Advocate General before designating a Tribunal under this section if a claim to which the designation relates involves an offender convicted by the Court Martial, or found guilty by a disciplinary officer, under the Armed Forces Discipline Act 1971.

Before determining a victim’s claim, the Tribunal must—

A copy of the claim must be served on the offender as soon as practicable after it is filed under section 28.

Information that identifies, or that may lead to the identification of, the address of the place where the victim lives must be removed from the copy of the claim served on the offender unless, in the Tribunal’s opinion, that information is necessary to ensure that the offender is fully and fairly informed of the nature of the claim.

The Tribunal gives the offender the reasonable opportunity required by subsection (1) by requiring his or her written submissions to be filed with the Secretary of the Tribunal—

In determining under subsection (4)(b) whether it is satisfied a further period is justified by exceptional circumstances, the Tribunal must have regard to the number and complexity of the victims’ claims filed against the offender.

The Tribunal must, as soon as practicable, serve on a victim a copy of all submissions filed by the offender and relating to that victim.

If, at the expiry of the periods specified in section 33(a), no claims have been filed under section 28,—

Subsection (1)(b) applies subject to the prior implementation of any provision of an out-of-court final settlement of a specified claim requiring compensation to be withheld from the accused or the offender and used to satisfy the accused’s or the offender’s outstanding fines.

The Tribunal cannot determine a victim’s claim filed under section 28 until—

Unless the Tribunal determines under section 38 also to hear oral submissions from the parties to a victim’s claim,—

Consideration of written material before the Tribunal may be undertaken in whatever manner it thinks fit.

To help to determine a claim filed under section 28, the Tribunal may, by making a request for the purpose to the appropriate Registrar or to the Judge Advocate General, and without paying a fee, access or search, inspect, and take or be issued with copies of or extracts from, court documents or records that—

Those court documents or records include—

This section applies to a document or record specified in section 35(2)(c) or (d), requested under section 35(1), and that the Judge Advocate General considers, and has advised the Secretary, should not be disclosed for reasons of security.

The Tribunal must not access or search, inspect, and take or be issued with copies or extracts from, the document or record, and must not use it for the purpose in section 35(1), except with the permission of, and in accordance with any conditions specified by, the Judge Advocate General.

The Tribunal must comply with, and take all reasonably practicable steps to ensure others comply with, conditions specified by the Judge Advocate General.

This section overrides section 35.

A finding of fact is conclusive evidence of the matters to which it relates for the purposes of the determination of a victim’s claim filed under section 28 if the finding—

In this section, a finding of fact means—

This section does not affect rights of appeal under section 51.

The Tribunal may also hear oral submissions from the parties to a victim’s claim (or from their representatives) if satisfied that exceptional circumstances make that necessary in the interests of justice.

In determining whether to hear oral submissions, the Tribunal must consider—

If it agrees to hear oral submissions, the Tribunal must as soon as practicable—

The Tribunal may alter the time and place fixed for the hearing, or adjourn it from time to time and from place to place.

If it considers it necessary or desirable for the determination of a victim’s claim filed under section 28, the Tribunal may, by written notice served on a person (for example, a party to the claim), require that person—

Information required by a notice under subsection (1)(a) must be given in writing and,—

A person on whom a written notice under subsection (1) is served, or who, in accordance with a notice of that kind, appears before the Tribunal or a person acting on its behalf to answer questions, has the same privileges and immunities as witnesses and counsel in courts of law.

This section does not limit or affect an enactment, rule of law, or order or direction of a court or tribunal that prohibits or restricts—

Every person commits an offence against this section, and is liable on conviction to a fine not exceeding $1,000, who, without reasonable excuse, fails to comply with a notice under subsection (1), or fails to answer a question asked under the notice.

For the purposes of dealing with the matters before it, a Tribunal has the powers of the District Court, in the exercise of its civil jurisdiction, in respect of citing parties and conducting and maintaining order at the hearings of the Tribunal.

If a victim’s claim is filed under section 28, the Tribunal may, if satisfied that it is desirable to do so, make or give 1 or more of the following orders or directions:

In exercising a power under subsection (1), the Tribunal must have regard to—

The Tribunal may make or give an order or direction under this section on its own initiative or on the application of a party to the proceedings.

Every application to the Tribunal for an order or direction under this section may be heard in public or in chambers.

An order or direction under subsection (1)(a) or (b) or (c)—

If an order or direction is made or given under section 41(1)(a) or (b) or (c), a person may at any time apply to the Tribunal—

An application may be made under subsection (1) by a person who was a party to the proceedings in which the order or direction was made or given or by any other person.

After considering an application under this section, the Tribunal may renew, revoke, vary, or continue the order or direction as the Tribunal thinks fit.

Every person commits an offence who breaches an order or direction made or given under section 41(1)(a) or (b) or (c) or (d) or evades or attempts to evade the order or direction.

Every person who commits an offence against subsection (1) is liable on conviction,—

The availability of documents filed with the Secretary of the Tribunal, filed in the Tribunal, or accessed under section 35 by the Tribunal, in connection with a victim’s claim under this subpart must be determined in accordance with the rules regulating the practice and procedure of the District Court.

For the purposes of this section, a direction given by the Tribunal forbidding inspection of a document without the Tribunal’s leave must be treated as if it were given by, and required the leave of, a District Court Judge.

Nothing in this section applies to a document or record to which section 31(3) or section 36 applies.

Subject to sections 28 to 44, 46, 59, and 60, and any practice notes issued under section 60A, the Tribunal may regulate the procedure for determining victims’ claims in any manner it thinks fit.

The Tribunal must determine together as a group victims’ claims (including related questions as to interest and costs) filed under section 28 in response to—

The Tribunal must not accept a victim’s claim unless satisfied, on the balance of probabilities, that—

If the Tribunal accepts a victim’s claim it may, after having had regard to all other related claims accepted by it, order that an amount of money must be paid to the victim concerned.

The Tribunal may also order that an amount of money must be paid to the victims concerned if the payment proposed is—

The Tribunal’s determination of a group of claims filed under section 28 must be recorded in a single written order that specifies the entitlements (if any) of all victims concerned.

The Tribunal must determine any amounts to be paid to victims without taking account in any way of the amount of money actually held in the account for the offender.

In determining whether to order under section 46(3) or (4) that an amount be paid to a victim by way of damages or exemplary damages, and in quantifying that amount, the Tribunal must apply the general law relating to the awarding of damages.

The Tribunal may, if it thinks fit, include in the amount ordered to be paid to a victim under section 46(3) or (4) interest calculated in accordance with, or on a basis that ensures it does not exceed interest calculated in accordance with, Schedule 2 of the Interest on Money Claims Act 2016, on some or all of the damages for all or a part of the period between the date on which the cause of action arose and the date of the order.

Without limiting the Tribunal’s powers, the Tribunal may dismiss a victim’s claim if satisfied that it is frivolous, vexatious, or made solely for the purpose of delay.

The Secretary must implement promptly an order under section 46—

However, if an application has been filed after the expiry of the period, the Secretary may defer implementing the order until any resulting appeal is withdrawn or finally determined.

If the amounts to be paid under the order are, in total, equal to or less than the amount of money held in the account for the offender, the Secretary must implement the order fully by paying from the money held in the account for the offender the amounts to be paid under the order to the victims concerned.

If the amounts to be paid under the order are, in total, more than the amount of money held in the account for the offender, the Secretary must implement the order in part by paying the money held in the account for the offender to the victims concerned on a proportional basis by reference to the amounts to be paid under the order to each of those victims.

Implementation of an order in part, under subsection (4), does not prevent any or all of the victims concerned from enforcing their entitlements under the order against the offender, and the partially implemented order may be enforced—

A copy of a partially implemented order under section 46 or an order under section 50(3)(b) may be filed without fee in an office of the District Court for the purposes of enforcement and, on being so filed, the copy of the order has the same effect as a judgment of the District Court, and may be enforced accordingly.

The Secretary must pay the money to the offender promptly if the Secretary is, 1 year after first being required by section 48(3) or (4) to pay to a victim money held in the account for the offender, unable, despite having taken reasonable steps for the purpose, to locate the victim or to identify and locate another person legally entitled to the money.

Subsection (1) applies subject to the prior implementation of any provision of an out-of-court final settlement of a specified claim requiring compensation to be withheld from an offender and used to satisfy the offender’s outstanding fines.

This section overrides section 48.

This section applies if, after an order is made under section 46, the conviction of the offender to which the order relates is set aside—

If this section applies, the person whose conviction was set aside may file with the Tribunal any court record or other official document that records any or all of the matters referred to in subsection (1).

If the Tribunal is satisfied, on receiving any record or other official document under subsection (2), that this section applies, the Tribunal must—

A party to a claim determined under section 46 may appeal to the High Court against the order concerned only on a question of law.

However, no party may appeal against an order made by the Tribunal with the agreement of all parties under section 46(4).

An appeal must be—

On any appeal under this section, the High Court may—

The relevant order under section 46 is suspended until an appeal under this section is withdrawn or finally determined.

The Secretary must pay to the offender promptly any amount of money that continues to be held in the account for the offender after an order under section 46 has been implemented fully under section 48(3).

Subsection (1) applies subject to the prior implementation of any provision of an out-of-court final settlement of a specified claim requiring compensation to be withheld from an offender and used to satisfy the offender’s outstanding fines.

The Secretary must, by notice in the Gazette, notify publicly the fact that the procedure contemplated by this subpart in respect of a particular sum of money has concluded if the Secretary—

The sections referred to in subsection (1)(c) are—

The notice in the Gazette required by subsection (1) must identify the sum of money by reference only to the notice referred to in subsection (1)(b).

A copy of every notice required by subsection (1) must be sent by the Secretary to the chief executive of each government department that the Secretary believes may have an interest in the matter.

The Secretary must, for the purposes of this subpart, establish at a bank a victims’ claims trust bank account.

The bank must be a registered bank as defined in section 2(1) of the Banking (Prudential Supervision) Act 1989.

The bank at which the account is established—

The arrangement in subsection (3)(a) is the only permitted and required investment of the money in the account.

The account must be audited by a qualified auditor (within the meaning of section 35 of the Financial Reporting Act 2013) at the times and in the manner (if any) prescribed by regulations made under section 57.

The Secretary must ensure that money is paid out of the account, and that the account is otherwise operated, only as permitted or required by this subpart or by regulations made under section 57.

This subsection applies to money if, 1 year (or a longer period the Minister of Finance directs) after first being required by this subpart to pay the money to an accused or an offender, the Secretary is unable, despite having taken reasonable steps for the purpose, to locate the accused or the offender or to identify and locate another person legally entitled to the money.

Money to which subsection (1) applies—

Money must be paid to a person out of the Crown Bank Account without further appropriation than this section if—

The Governor-General may, by Order in Council, make regulations for all or any of the following purposes:

Regulations under this section are secondary legislation (see Part 3 of the Legislation Act 2019 for publication requirements).

Every Victims’ Special Claims Tribunal consists of a District Court Judge designated for the purpose of this subpart by the Chief District Court Judge.

The Judge must be designated from a panel of District Court Judges maintained by the Chief District Court Judge.

The Chief District Court Judge may at any time add or remove a Judge from the panel.

The function of a Tribunal is to determine, in accordance with this subpart, victims’ claims filed under this subpart.

A Tribunal is responsible for making any arrangements that are practicable to ensure that he or she performs his or her functions—

A Tribunal may receive as evidence any statement, document, information, or matter that, in the Tribunal’s opinion, may help the Tribunal to determine a victim’s claim, whether or not it would be admissible in a court of law.

Every decision of a Tribunal, and the reasons for the decision, must be recorded in writing, and a copy (together with a copy of any related order or direction) must, if practicable, be given promptly to—

This section does not limit a Tribunal’s duty under section 46 to record in a single written order its determination of a group of victims’ claims filed under section 28.

The Chief District Court Judge may issue practice notes as he or she thinks fit.

The practice notes must not be inconsistent with this Act or any regulations made under it and are for the guidance of the Tribunals, officers of Tribunals, and parties before Tribunals.

The following information must be published on an Internet site maintained by or on behalf of the chief executive of the Ministry of Justice:

Proceedings before a Tribunal must not be held invalid for want of form.

The Ministry of Justice must provide any secretarial, recording, and clerical services necessary to enable a Tribunal to discharge its function.

Section 64 applies to every applicable limitation period for an action that is based on a claim—

Section 64 applies whether or not the action was—

However, nothing in section 64 affects—

The limitation periods to which this section applies cease to run while the offender is serving a sentence of imprisonment in a penal institution, prison, or service prison.

In this section, serving a sentence of imprisonment in a penal institution, prison, or service prison—

Section 64B applies to every applicable limitation period for an action based on a claim—

The limitation periods to which this section applies cease to run for the action against the offender and the money received under section 17 until the standard deadline (specified in section 28(3)) for the filing of a victim’s claim in the victims’ claims process under subpart 2.

After 30 June 2013, the following provisions apply or continue to apply to specified claims made before 1 July 2013, money to be paid as compensation in respect of claims of that kind, and victims’ claims against money of that kind:

Despite subsection (1), the amendments made by sections 6 and 7 of the Prisoners’ and Victims’ Claims (Continuation and Reform) Amendment Act 2013 have effect (subject to the saving in subsection (3)) as from this Act’s commencement, on 4 June 2005.

The amendments made by sections 6 and 7 of the Prisoners’ and Victims’ Claims (Continuation and Reform) Amendment Act 2013 do not apply to proceedings commenced before 3 December 2012 except insofar as those proceedings are on or after that date amended to challenge a matter—