Chapter 2 - Victim's Rights Act 2002

Question 1

Explain the definition of Immediate family?

Section 4, Victim’s Rights Act 2002

Answer 1

In relation to a victim -

(a) means a member of the victim’s family, whanau, or other culturally recognised family group, who is in close relationship with the victim at the time of the offence, and
(b) to avoid doubt, includes a person who is - victim’s spouse, civil union partner, de facto partner, victim’s brother/sister/step, victim’s child/step, parent/step, grandparent

Question 2

Explain the definition of Victim?

Section 4, Victim’s Rights Act 2002

Answer 2

(a) means -
(i) person against whom an offence is committed by another; and
(ii) person whom an offence is committed by another, suffers physical injury, loss, or damage to property
(iii) parent/legal guardian of CYP who falls within (i) or (ii), unless charged with the commission/convicted /guilty of offence concerned, and
(iv) member of immediate family of person who as a result of offence committed by another dies, incapable, unless charged/convicted/guilty of offence concerned.

Question 3

What is the definition of incapable?

Victim’s Rights Act 2002

Answer 3

Lacks capacity to understand or communicate the nature and foresee consequences of decisions in respect of matters relating to their personal care or welfare

Question 4

Explain Section 7 Victim’s Rights Act 2002

Treatment

Answer 4

Any person who deals with a victim, should

(a) treat the victim with courtesy and compassion and
(b) respect the victim’s dignity and privacy

Question 5

Who has access to services?

Answer 5

A victim or a member of the victim’s family who have welfare, health, counselling, medical, or legal needs arising from the offence should have access to services that are responsive to those needs.

Question 6

Explain Section 11 - Information about programmes, remedies and services?

Answer 6

(1) Victim must asap be given information by the personnel of the agency about programmes, remedies or services available.
(2) Agency means -
- ACC, DHB, Department of Corrections, Ministry of Justice, NZP

Question 7

Explain Section 12 - Information about proceedings

Answer 7

(1) Victim asap be given info by investigating authorities, or court staff/prosecutor about the following -
(a) progress of investigation
(b) charges laid, reasons for not laying charges
(c) victim’s role as witness
(ca) possibility of publication of identifying information about victim, steps
(d) date/place (first appearance, prelim hearings, trial, sentencing, appeal)
(e) outcome of prosecution
- plea, convictions, sentence imposed, finding that accused is unfit, charge that was not proved, acquittal, grant of freedom pardon.
Person disadvantaged by the offence can also be given info

Question 8

What is the purpose of a victim impact statement?

Answer 8

• Enable victim to provide information to the court about the effects of offending; and
• Assist the court in understanding the victim’s views about the offending; and
• Inform the offender about the impact of offending from the victim’s perspective

Question 9

What are the matters that need to be covered in a VIS?

Answer 9

• Physical injury/emotional harm
• Loss/damage to property
• Effects of the offence on the victim
• Any other matters consistent with the purpose of a VIS

Question 10

What constitutes a Section 29 Specified Offence?

Answer 10

• Sexual nature
• Serious assault
• Serious injury/death/incapable
• Ongoing fears for safety of themselves or another person (family member)