Ministry of Justice, New Zealand

About the Victims Charter

The Victims Charter sets out the standard of service that people affected by crime can expect from government agencies. A victim of crime is anyone who, as a result of a crime, has:

• suffered physical injury
• suffered emotional harm
• lost property (or had property damaged)
• suffered the death of a family/wha-nau member or that person can no longer take care of themselves
• a child who has died

Victims Charter

This Charter sets out the standard of service you can expect from government agencies if a crime is committed against you or your family/wha-nau.

You can expect to:

• be treated with respect for your dignity and privacy, and with courtesy and compassion
• get information about services and programmes that may help to address your needs, and any actions a court can take to help you
• get information about the investigation of the offence and any action being taken against the accused person
• be given the opportunity to make a written statement about the impact the crime has had on you. This is called a Victim Impact Statement

For some serious offences you can also expect to:

• have the opportunity to give your views, and get information, about the release of the accused person on bail
• be offered the choice to get information about the offender such as the release of the offender from prison, or their temporary release or escape from prison. This process is called the victim notification system
• be given the opportunity, if you are part of the victim notification system, to make submissions on any decision to parole the offender if the prison sentence is longer than two years

What support can I get?

A number of government agencies and community organisations can provide you with information on your rights and services that may be available to help you. This includes medical help, legal protection for you and your family/wha-nau, support programmes and other services. These agencies include:

• Accident Compensation Corporation (ACC)
• Child, Youth & Family (CYF)
• Ministry of Justice (Courts)
• New Zealand Police
• Legal Services Agency (LSA)
• Ministry of Social Development (MSD)
• District Health Boards (DHBs)

Many services, but not all, are provided free of charge. Some key community organisations are listed at the back of this leaflet.

Will I get any financial assistance?

The court may order the offender (the person convicted of an offence) to pay you money if you have suffered loss, emotional harm or damage to your property because of the crime committed against you.

If you have suffered a 'personal injury' as a result of the crime you may be able to get compensation or be assisted with treatment through ACC. In most cases a 'personal injury' means a physical injury. However, ACC can also provide funding assistance for counselling if you are a victim of sexual abuse and suffer a mental injury as a result of that abuse.

If you have to go to court as a witness you may also be able to get help with your transport costs and childcare.

What information should I get?

The Police or a Victim Adviser from the court will tell you about the progress of any investigation, and the action being taken against the accused person. This includes being told about:

• any charges laid against the accused person or the reason for charges not being laid
• how the accused person/offender will be dealt with, for example by the court or by an alternative to court, such as 'diversion'
• date and place of court appearances, hearings and any appeals
• your role as a witness, including how evidence will be presented
• the outcome of the court process

Victim Advisers

Victim Advisers are specialist staff employed by the court to help victims. Overall, their role is to provide information to victims about the case that relates to them and advise victims about their rights and role in the court process.

The Police will give your name and contact details to Court Services for Victims and a Victim Adviser will make contact with you.

Victim Impact Statement

The Police will ask how the crime has affected you and help you prepare a Victim Impact Statement. The Victim Impact Statement is one of the things the Judge must consider when sentencing the offender. The Victim Impact Statement is a way for you to let the Judge know about:

• any physical injury or emotional harm you have suffered because of the crime
• any loss of, or damage to, your property
• any other way the crime has affected you

Victims of serious crimes

New Zealand law recognises that some crimes have a particularly serious impact on the victim. Because of this, victims of some serious crimes are given special recognition under the law. This applies if:

• you are a victim of sexual violation or serious assault
• you were seriously injured
• the offence resulted in the death of someone in your family/wha-nau, or that person being incapable of looking after themselves
• you have ongoing and reasonable fears for your safety or for the safety of any of your family/wha-nau

If you have experienced any of the situations listed above:

Your views on bail

If the person accused of the crime applies to the court to be released on bail, your views on whether or not bail should be granted will be taken into account by the Judge. The Police Prosecutor must try to find out what your views are and inform the Judge. You will also be notified if the accused person is released on bail.

Victim notification system

You may be able to get more detailed information specific to your case through the victim notification system. The Police and/or Victim Advisers can give you more information about the victim notification system, including whether you are likely to be eligible and how to apply. Once the Department of Corrections has confirmed your registration, you can expect to be notified about a number of events relating to the offender's detention, including:

• temporary release or escape from prison
• absconding from home detention
• impending release from prison of prisoners sentenced to two years imprisonment or less
• convictions for breaching conditions of release imposed by the court or the New Zealand Parole Board
• interim and final recalls to prison

Where prisoners have received more than two years imprisonment, registered victims can expect:

• notification of an offender's pending parole hearing
• information about how to make submissions to the Parole Board
• advice on how you can ask the Department of Corrections for information about the offender to help you make a submission
• notification of the Parole Board's decision

If you move it is up to you to tell the Police your new address. If you believe you are eligible to register, or you would like more information, contact your local Police station.

What if the Charter's standard of service is not met?

You should expect to receive the standard of service set out in the Victims Charter. If you feel that this standard has not been met in your case you should first talk to the government agency concerned.

If you are not satisfied with the agency's response, you can make a complaint to:

The Office of the Ombudsmen (where the complaint does not involve a Police Officer), PO Box 10 152, Wellington. Phone 0800 802 602 or visit www.ombudsmen.parliament.nz

The Independent Police Conduct Authority (where the complaint involves a Police Officer), PO Box 5025, Wellington. Phone 0800 503 728

The Privacy Commissioner (if you feel that your privacy has not been respected), PO Box 466, Auckland. Phone 0800 803 909

Key contacts for victims of crime

The following is a list of some key providers of victim services, including government agencies and community services and useful links. More information about services that may be able to assist you is available by phoning the Victims of Crime Information Line on 0800 650 654 or visit www.victimsinfo.govt.nz

Victim Support
0800 842 846
www.victimsupport.org.nz

Women's Refuge
www.refuge.org.nz

Court Services for Victims (CSV)
To contact CSV telephone the Victims of
Crime Information Line on 0800 650 654

ACC
0800 101 996 for general enquiries or
0800 735 566 for victims of sexual abuse
www.acc.co.nz

New Zealand Parole Board
info@paroleboard.govt.nz
www.paroleboard.govt.nz