1: Title
This Act is the Financial Service Providers (Registration and Dispute Resolution) Amendment Act 2014.
2: Commencement
1: Sections 3 43
2: The rest of this Act comes into force on a date appointed by the Governor-General by Order in Council, and 1 or more orders may be made bringing different provisions into force on different dates and for different purposes.
3: To the extent that it is not previously brought into force under subsection (1) or (2)
4: In this section, provision Schedule Section 2(2) brought into force 1 July 2014 Financial Service Providers (Registration and Dispute Resolution) Amendment Act 2014 Commencement Order 2014
3: Principal Act
This Act amends the Financial Service Providers (Registration and Dispute Resolution) Act 2008 principal Act 2014-06-07 Financial Service Providers (Registration and Dispute Resolution) Act 2008 Sections 3 and 43 OIC LI 2014/202 2014-07-01 Financial Service Providers (Registration and Dispute Resolution) Act 2008 All of the Act, except for s3 & s43 (already in force), and s7 (see below) 2015-06-06 Financial Service Providers (Registration and Dispute Resolution) Act 2008 Financial Service Providers (Registration and Dispute Resolution) Amendment Act 2014 Section 7, which may be brought into force by OIC
4: New section 2A inserted (Purposes of this Act)
After the Part 1
2A: Purposes of this Act
The purposes of this Act are—
a: to promote the confident and informed participation of businesses, investors, and consumers in the financial markets; and
b: to promote and facilitate the development of fair, efficient, and transparent financial markets.
5: Section 3 amended (Overview)
1: In section 3(2) In order to be registered, financial Financial
2: In section 3(3) , why the approval might be withdrawn, and how a dispute resolution scheme may be appointed as the reserve scheme and why the approval might be withdrawn
3: Repeal section 3(4)
6: Section 4 amended (Interpretation)
1: In section 4 credit contract
2: In section 4 credit contract no interest charges , and no credit fees,
3: In section 4 creditor FMA levy .
4: In section 4 affiliated entity reserve scheme responsible financial service provider
7: Section 5 amended (Meaning of financial service)
In section 5(e) providing credit being a creditor
8: Section 7 amended (Application of Act)
Repeal section 7(2)(g)
9: Subpart 1 heading in Part 2 amended
In Part 2 registered and member of approved dispute resolution scheme
10: Section 11 amended (No being in business of providing financial service unless registered)
1: In the heading to section 11 registered and member of approved dispute resolution scheme
2: Replace section 11(1)
1: A person to whom this Act applies must not be in the business of providing a financial service unless that person—
a: is registered for that service under this Part; and
b: is, if required by section 48, a member of an approved dispute resolution scheme.
11: Section 12 amended (No holding out that in business of providing financial service unless registered)
1: In the heading to section 12 registered and member of approved dispute resolution scheme
2: Replace section 12(1)
1: A person to whom this Act applies must not—
a: hold out that the person is registered under this Act unless that person—
i: is registered under this Part; and
ii: is, if required by section 48, a member of an approved dispute resolution scheme; or
b: hold out that the person is registered in respect of a particular service or entitled, qualified, able, or willing to be in the business of providing a financial service unless that person—
i: is registered for that service under this Part; and
ii: is, if required by section 48, a member of an approved dispute resolution scheme.
12: Section 13 amended (Qualifications for registration as financial service provider)
Repeal section 13(b)
13: Section 14 amended (Disqualified person)
1: After section 14(2)(e)
ea: a person who has been convicted within the past 5 years, in a country other than New Zealand, of an offence that is substantially similar to an offence specified in paragraph (e): .
2: In section 14(2)(f) financing of terrorism , whether in New Zealand or elsewhere
14: Section 15 amended (Application to be registered as financial service provider)
Repeal section 15(1)(a)(ii)
15: New sections 15A to 15C inserted
After section 15
15A: Purpose of FMA's powers relating to registration
The purpose of section 15B A
a: creating, or causing the creation of, a false or misleading appearance with respect to the extent to which A—
i: provides, or will provide, financial services in New Zealand; or
ii: provides, or will provide, financial services from a place of business in New Zealand; or
iii: is, or will be, regulated by New Zealand law in relation to a financial service; or
b: otherwise damaging the integrity or reputation of—
i: New Zealand's financial markets; or
ii: New Zealand's law or regulatory arrangements for regulating those markets.
15B: FMA may prevent registration of financial service provider
1: On receipt of an application under section 15, the Registrar may, if the Registrar considers it necessary or desirable after having regard to section 15A
2: If the FMA decides to consider the application, the FMA must, after taking into account section 15A
3: If, in the FMA's view, the applicant should be prevented from being registered under section 16(1), the FMA must—
a: comply with subsection (4)
b: if, having considered any submission received under subsection (4)
c: give its reasons for that direction.
4: Before giving a direction under subsection (3)(b)
a: give the applicant—
i: written notice of its intention to give the direction; and
ii: the reasons why it intends to give that direction; and
iii: a date (being not less than 10 working days after the date of the notice referred to in subparagraph (i)
b: consider any submissions received in accordance with paragraph (a)(iii)
5: The Registrar must comply with a direction given under subsection (3)(b)
6: A provider who is not satisfied with a direction given under this section may appeal to the High Court under section 42.
15C: FMA may prevent registration regardless of whether applicant is otherwise qualified to be registered
The FMA may give a direction under section 15B
16: Section 16 amended (Registration of financial service provider)
1: Repeal section 16(1)(a)(ii)
2: After section 16(1)(a)
aa: notify the provider of the Registrar's decision; and
ab: require the provider to notify the Registrar, within 10 working days from receiving notification under paragraph (aa) .
3: In section 16(2)
a: after financial service provider, or if directed by the FMA to reject the application,
b: after decision or the FMA's direction, as the case may be
4: After section 16(2)
3: Subsection (1) does not apply if the FMA has directed the Registrar to reject the application.
17: Section 17 amended (Duty to notify changes relating to financial service provider)
1: Replace section 17(1)(a)(iii)
iii: the provider knows that any details on the register are no longer accurate, including information relating to the provider's membership of an approved dispute resolution scheme: .
2: Replace section 17(1)(c)
c: the person responsible for an approved dispute resolution scheme of which a financial service provider was a member, if the person knows that the provider is no longer a member of that scheme, in which case the person responsible must also notify the Registrar of the following matters:
i: whether that provider’s membership was terminated under section 63(1)(ba)
ii: whether any remedial action imposed on that provider by the scheme has not been carried out; and
iii: whether there is any unresolved complaint about that provider.
3: After section 17(1)
1A: To avoid doubt, the notification obligations in subsection (1)(c)
4: In section 17(2) change or, in the case of an approved dispute resolution scheme or a reserve scheme that has been discontinued, within 10 working days of that discontinuance
18: Section 18 amended (Deregistration of financial service provider)
1: After section 18(1)(a)
aa: has failed to notify the Registrar of the name, business address, and membership number, as required by section 16(1)(ab) .
2: After section 18(1)
1A: The Registrar may, if the Registrar considers it necessary or desirable after taking into account section 18A
1B: The Registrar must deregister a financial service provider if the FMA gives a direction under section 18B(3)(c)(i)
19: New sections 18A to 18C inserted
After section 18
18A: Purpose of FMA's powers relating to deregistration
The purpose of section 18B A
a: creating, or causing the creation of, a false or misleading appearance with respect to the extent to which A—
i: provides, or will provide, financial services in New Zealand; or
ii: provides, or will provide, financial services from a place of business in New Zealand; or
iii: is, or will be, regulated by New Zealand law in relation to a financial service; or
b: otherwise damaging the integrity or reputation of—
i: New Zealand's financial markets; or
ii: New Zealand's law or regulatory arrangements for regulating those markets.
18B: Consideration of deregistration of financial service provider by FMA
1: The FMA—
a: may, but is not required to, consider a referral under section 18(1A)
b: may otherwise consider giving a direction under this section at its own discretion (if a referral has not been made).
2: If the FMA decides to consider the referral or otherwise decides to consider giving a direction under this section, the FMA must, after taking into account section 18A
3: If, after acting under subsection (2)
a: give the financial service provider—
i: written notice of its intention to give the direction; and
ii: the reasons why it intends to give the direction; and
iii: a date (being not less than 20 working days after the date of the notice referred to in subparagraph (i)
b: consider any submissions received in accordance with paragraph (a)(iii)
c: either,—
i: if the FMA remains of the view that the financial service provider should be deregistered, direct the Registrar to deregister the provider; or
ii: if the FMA decides that the provider should not be deregistered, advise the Registrar accordingly; and
d: give its reasons for the direction or advice, as the case may be.
4: A provider who is not satisfied with a direction given under this section may appeal to the High Court under section 42.
5: Sections 19 and 20 do not apply if a financial service provider is deregistered as a result of a direction given under subsection (3)(c)(i)
18C: FMA may direct deregistration regardless of whether section 18(1) applies
The FMA may give a direction under section 18B
20: Section 23 and cross-heading repealed
Section 23
21: Section 26 amended (Purposes of register)
In section 26(a)(ii)(B) or the reserve scheme
22: Section 27 amended (Contents of register)
1: In section 27(b) or the reserve scheme
2: In section 27
2: In addition to the information referred to in subsection (1), the Registrar may, if the Registrar thinks it is appropriate, insert a note of warning in the register in relation to a registered person if—
a: a request for information has been made by the Registrar under this Act in relation to that person; or
b: the Registrar or the FMA is considering any matters relating to the deregistration of that person under this Act.
3: The Registrar must remove a note of warning inserted under subsection (2)
23: Section 31 amended (Searches of register)
In section 31 27(a) 27(1)(a)
24: Section 34 amended (Sharing information with other persons or bodies)
Replace section 34(4)(d)
d: the Commerce Commission: .
25: Section 37 amended (Registrar’s inspection powers)
1: After section 37(1)(c)
ca: is ordinarily resident in New Zealand; or
cb: has a place of business in New Zealand; or
cc: is in the business of providing a financial service; or .
2: After section 37(2)(a)
aa: ascertaining whether information provided to the Registrar is correct:
ab: requiring a person, in relation to information provided to the Registrar, to—
i: confirm that the information is correct; or
ii: correct the information:
ac: specifying—
i: a particular form in which the confirmation or correction referred to in paragraph (ab)
ii: a date by which the confirmation or correction must be provided; and
iii: whether the confirmation or correction must be verified by the production of original documents or certified copies of original documents or by a statutory declaration: .
3: In section 37(6) subsection (2)(a) to (ab) subsection (2)(ac)
4: After section 37(9)(c)
ca: is ordinarily resident in New Zealand; or
cb: has a place of business in New Zealand; or
cc: is in the business of providing a financial service; or .
26: Section 42 amended (Appeals from Registrar’s decisions)
1: In the heading to section 42 decisions and FMA directions
2: After section 42(1)
1A: A financial service provider who is not satisfied with any direction given by the FMA under section 15B or 18B
3: In section 42(2) and (3)(a) decision or direction
4: In section 42(3)(b) Registrar or the FMA
5: Replace section 42(3)(c)
c: refer the decision or direction back to the Registrar or the FMA (as the case may be) with directions to reconsider the whole or a specified part of the decision or direction.
27: Section 43 amended (Decisions continue in effect until appeal)
1: In the heading to section 43 Decisions or directions
2: In section 43 decision or direction
28: Section 48 amended (Financial service provider must be member of dispute resolution scheme)
1: In section 48(1) either an approved dispute resolution scheme, or the reserve scheme, an approved dispute resolution scheme
2: In section 48(2) or the reserve scheme
29: Section 49F amended (Members of dispute resolution scheme must comply with rules and binding resolutions)
In section 49F(1) or the reserve scheme
30: Section 49G amended (Offence to fail to comply with District Court order)
In section 49G(1) or the reserve scheme
31: Section 50 amended (Meaning of approved dispute resolution scheme)
In section 50
2: If an interim dispute resolution scheme is appointed under section 79AA
3: However, nothing in sections 51 to 61 applies in relation to the interim dispute resolution scheme.
32: Section 52 amended (Mandatory considerations for approval)
After section 52(1)(d)
da: whether the scheme will accept all types of financial service providers as members and, if not, whether there are other approved dispute resolution schemes that cover all types of financial service providers: .
33: Section 56 amended (Withdrawal of approval)
1: After section 56(1)(b)
ba: the rules about the scheme do not, or no longer, comply with the requirements of section 63: .
2: In section 56(1)(e)(iii) 63(q) 63(1)(q)
3: After section 56(3)
3A: However, despite subsection (3), the Minister is not required to withdraw approval unless the person responsible for the scheme has, at the time of the request,—
a: given the Minister—
i: 3 months' notice of the date on which the proposed withdrawal of approval is to take place; or
ii: any lesser notice period agreed to by the Minister; and
b: informed the Minister of adequate arrangements that it has made, or will make, to facilitate the transfer of members of the existing scheme to another approved dispute resolution scheme or schemes.
34: Section 57 amended (Notice of intention to withdraw approval)
After section 57(3)
4: The Minister's notice may also require the person responsible for the scheme to do 1 or more of the following:
a: notify members of the scheme of adequate arrangements that have been, or will be, made to facilitate the transfer of members of the scheme to another approved dispute resolution scheme or schemes:
b: make clear to those members that those members may—
i: apply to join another approved dispute resolution scheme or schemes in accordance with those arrangements; or
ii: apply to join any other approved dispute resolution scheme:
c: remind each of its members of the member's obligation—
i: to continue to be a member of an approved dispute resolution scheme, as required by section 48; and
ii: to notify the Registrar that the member has transferred to another approved dispute resolution scheme, and details of that scheme, as required by section 17.
35: Section 61 replaced (Effect of withdrawal of approval on members of dispute resolution scheme)
Replace section 61
61: Effect of withdrawal of approval on members of dispute resolution scheme
When a dispute resolution scheme's approval is withdrawn, each member of the scheme—
a: ceases to be a member of that scheme; and
b: must ensure that—
i: the member's obligations under section 17 are complied with; and
ii: the member continues to comply with section 48.
36: Section 63 amended (Rules about approved dispute resolution scheme)
1: In section 63(a) (all providers of that type must be eligible)
2: After section 63(a)
aa: that the types of financial service providers referred to in paragraph (a) must be accepted as members of the scheme, unless—
i: refused membership for a reason set out in paragraph (ba)
ii: a provider is not eligible for registration under this Act: .
3: After section 63(b)
ba: that membership may be refused or terminated because of an applicant's, or a member's,—
i: material or persistent breach of a scheme's rules:
ii: failure to take remedial action imposed on that provider by a scheme (whether or not that scheme still exists):
iii: failure to pay a scheme's membership fee:
iv: failure to continue to be a type of financial service provider that may be a member of the scheme: .
4: Replace section 63(g)
g: that the scheme has jurisdiction in respect of—
i: a breach of contract, a statutory obligation, or an industry code; and
ii: any other prescribed matters; and
iii: any other matter provided for in the rules: .
5: Repeal section 63(k)
6: After section 63(r)
s: any other prescribed matters.
7: In section 63
2: The compensation referred to in subsection (1)(i) that the scheme can impose on a member must be able to include, in the case of a complaint relating to a repossession under Part 3A
3: The rules about an approved dispute resolution scheme must be treated as containing any provision that is implied into those rules by regulations made under this Act.
4: A rule about an approved dispute resolution scheme has no effect to the extent that it is inconsistent with any provision implied into the rules by those regulations.
37: Section 66 amended (Minister's consideration of change of rules)
1: In section 66(1) the Minister may the Minister must
2: Replace section 66(3)
3: The Minister must comply with subsection (1) within 45 working days of the notification of the change of rules unless the Minister, within those 45 working days,—
a: requests further information from the person responsible for the scheme (in which case, the Minister must comply with subsection (1) within 45 working days after receipt of that further information); or
b: advises the person responsible for the scheme that a period of more than 45 working days is required to consider the change (in which case, the Minister must specify the time within which he or she will comply with subsection (1)).
38: Section 67 amended (Duty to co-operate and communicate information in certain circumstances)
1: In section 67(a) and with the reserve scheme
2: After section 67(c)
ca: if there is a series of material complaints about a particular creditor under a consumer credit contract or class of such creditors, communicate that fact to the Commerce Commission: .
3: In section 67(d) Financial Markets Authority FMA
4: In section 67
2: In subsection (1)(ca) consumer credit contract
a: has the same meaning as in section 11 of the Credit Contracts and Consumer Finance Act 2003; and
b: includes a credit contract to which Part 3A
39: Subpart 3 of Part 3 repealed
Repeal subpart 3
40: Cross-heading above section 78 amended
In the cross-heading above section 78 and reserve scheme
41: Section 78 amended (Publication of details relating to approved dispute resolution schemes and reserve scheme)
1: In the heading to section 78 and reserve scheme
2: Replace section 78(1)(a)
a: must ensure that the names of approved dispute resolution schemes and the name and business address of the person responsible for each scheme are available for inspection by the public, free of charge, at the head office of the Ministry (during ordinary office hours), and on an Internet site that is publicly available (at all reasonable times): .
3: Repeal section 78(2)
42: Section 78A and cross-heading repealed
Repeal section 78A
43: Section 79 amended (Regulations under this Part)
1: In section 79(1)(a) either an approved dispute resolution scheme or the reserve scheme, an approved dispute resolution scheme
2: After section 79(1)(a)
aa: providing rules for an interim dispute resolution scheme: .
3: After section 79(1)(c)
ca: prescribing matters for the purposes of section 63(1)(g)(ii) and (s)
cb: prescribing provisions to be implied into rules about approved dispute resolution schemes: .
4: After section 79(1A)
1B: The Minister must not recommend the making of regulations under subsection (1)(aa)
a: is satisfied that—
i: members of a scheme that has ceased, or will cease, to be an approved dispute resolution scheme would be, or are, unable to reasonably become members of another approved dispute resolution scheme; and
ii: the interim dispute resolution scheme will be consistent with the purpose of this Part ( see
iii: the interim dispute resolution scheme will be capable of providing a scheme for the purpose of this Part; and
iv: the rules of the interim dispute resolution scheme will comply with section 63; and
b: has consulted the FMA and any other persons that the Minister considers are likely to be substantially affected by the establishment of an interim dispute resolution scheme.
1C: The Minister must not recommend the making of regulations under subsection (1)(ca) or (cb)
1D: However, a failure to consult with the persons referred to in subsection (1B)(b) or (1C)
44: New section 79AA inserted (Appointment of interim dispute resolution scheme)
After section 79
79AA: Appointment of interim dispute resolution scheme
1: The Governor-General may, by Order in Council made on the recommendation of the Minister,—
a: appoint a dispute resolution scheme to fulfil the functions of the interim dispute resolution scheme (with or without conditions) for a term recommended by the Minister:
b: revoke an appointment made under paragraph (a)
2: The Minister may recommend an Order in Council for the purpose described in subsection (1)(a) section 79(1B)
3: The Minister may recommend an Order in Council for the purpose described in subsection (1)(b)
45: Section 79A amended (Pecuniary order for contravening wholesale certification requirement)
1: In section 79A(1) Financial Markets Authority FMA
2: In section 79A(3)(b) or the reserve scheme
46: Section 79B amended (Compensation for contravention of wholesale certification requirement)
In section 79B(2) Financial Markets Authority FMA
47: Consequential amendments to other Acts
Amend the Acts specified in the Schedule OIC LI 2014/202 2014-07-01 Financial Advisers Act 2008 Securities Trustees and Statutory Supervisors Act 2011
48: Consequential revocations
The following are revoked:
a: Financial Service Providers (Appointment of Reserve Scheme) Order 2010
b: Financial Service Providers (Dispute Resolution—Reserve Scheme Fees) Rules 2010
c: Financial Service Providers (Dispute Resolution—Reserve Scheme) Rules 2010 OIC LI 2014/202 2014-07-01 Financial Service Providers (Appointment of Reserve Scheme) Order 2010 Financial Service Providers (Dispute Resolution—Reserve Scheme Fees) Rules 2010 Financial Service Providers (Dispute Resolution—Reserve Scheme) Rules 2010


Victims’ Rights Amendment Act 2014

1: Title
This Act is the Victims' Rights Amendment Act 2014.
2: Commencement
1: Section 30
2: The rest of this Act comes into force 6 months after the date on which it receives the Royal assent.
3: Principal Act amended
This Act amends the Victims' Rights Act 2002 2014-06-07 Victims' Rights Act 2002 Section 30 only 2014-12-06 Victims' Rights Act 2002 Whole Act (except for section 30)
4: Interpretation
1: Section 4 address domestic violence representative Secretary specified offence section 29 victim of a specified offence section 29A .
2: Paragraph (b) of the definition of offender section 4
b: in section 9 sections 17AA .
3: The definition of support person section 4
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): .
4: Paragraph (b) of the definition of victim section 4
iii: a person who has experienced domestic violence; and
iv: a child or young person residing with a person who falls within subparagraph (iii) .
5: Treatment
Section 7 or other official probation officer, or member of the New Zealand Parole Board
6: New section 9 substituted
Section 9
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.
7: Information about programmes, remedies, and services
Section 11
2: In this section,— agency
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
8: Information about proceedings
1: Section 12(1)
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: .
2: Section 12(1)
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.
3: Section 12(2)
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.
9: Information may be given to victim's support person
Section 14 ; or
c: has, in writing, nominated that support person to receive it and given a current address for that support person.
10: Restriction on giving victim's precise address in evidence or information provided to court
1: Section 16 Restriction on disclosing victim's contact details in evidence or information provided to court
2: Section 16
1: This section applies to information (the information
3: Section 16
4: In this section, contact details
a: residential address:
b: postal address:
c: email address:
d: home telephone number:
e: business telephone number:
f: mobile telephone number:
g: fax number.
11: New sections 17AA and 17AB inserted
The following sections are inserted above section 17
17AA: Victim impact statement defined
1: In sections 17AB victim impact statement
a: means information that—
i: is ascertained under section 17
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
B: under section 21
b: includes any recording, summary, transcript, or other copy of that information.
2: In this section, information
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.
12: New section 17 substituted
Section 17
17: Information to be ascertained from victim
1: The prosecutor must make all reasonable efforts to ensure that information about the matters specified in subsection (2) is ascertained from the victim.
2: The matters referred to in subsection (1)
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
3: If a person is a victim in terms of paragraph (a)(iii) of the definition of victim subsection (2)(a) to (c)
4: If a person is a victim in terms of paragraph (a)(iv) of the definition of victim
13: Procedure before ascertaining information from victim
1: Section 18(a)
i: that the information is being ascertained for a victim impact statement; and .
2: Section 18(b) information ascertained victim impact statement
14: Form and verification of information ascertained
1: Section 19(1) submitted to the judicial officer sentencing the offender included in the victim impact statement
2: Section 19(3
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 .
3: Section 19(4)
a: advised the victim that the information was to be included in a victim impact statement; and .
15: New sections 21AA to 22B substituted
Sections 21 to 22
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)
3: For the purposes of subsection (1)
21: Victim impact statement to be submitted to judicial officer
1: 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)
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
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)
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)
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
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.
16: New headings and sections 29 to 32B substituted
Sections 29 to 32 Sections 30 to 48 apply only to victims of specified offences
29: Specified offence defined
In this Act, a specified offence
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)
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)
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 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) 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
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) 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
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)
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) subsection (1)(b) and (c)
a: the victim's views have been ascertained under section 30
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.
17: New sections 33 to 33C substituted
Sections 33 33A
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) section 32B(1)(c) subsection (2)
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)
a: the chief executive of the Department of Corrections, if—
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)
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)
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)
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) subsection (3)
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) subsection (3)
3: The persons referred to in subsections (1) and (2)
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
a: confirm receipt of the notification to the victim; and
b: forward the notification to any other person ( Person B
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
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
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)
a: receipt of the notification from Person A; and
b: that any future change of address should be notified under subsection (1) or (2)
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.
2: On receipt of a notification under subsection (1), a person ( Person A
a: confirm receipt of the notification to the victim; and
b: forward the notification to any other person ( Person B
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.
3: A person who receives a written notification under subsection (1) or (2)
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: respond to that request; and
b: if possible, supply that information.
18: Notice of release on bail of accused or offender
Section 34
1: In the case of a victim to whom this section applies by section 32B(1) subsection (1B)
1A: In the case of a victim to whom this section applies by section 32B(2) subsection (1B)
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)
a: whether the person accused of the offence or, as the case requires, the 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 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 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.
19: New sections 35 and 35A substituted
Section 35
35: Notice 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: 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: sentence of imprisonment being cancelled and substituted with a sentence of home detention under section 80K of the Sentencing Act 2002:
iii: 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:
c: 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:
d: 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 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 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.
20: New sections 36 and 36A substituted
Section 36
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).
21: Notice of discharge, leave of absence, or escape or death of accused or offender who is compulsorily detained in hospital or facility
1: Section 37(1) 31 32B
2: Section 37(2)
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: Section 37
3: To avoid doubt, in subsection (2)(b) facility hospital
4: In this section, leave provision
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.
22: Notice of proposal to cancel or suspend liability for deportation
1: Section 39(2)
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.
2: Section 39
3: A specified person must, as soon as practicable after receiving a request under subsection (2)(b)
a: that address has been given or forwarded to the specified person under sections 32B to 33A
b: the specified person has not forwarded that address under section 33
23: Representative for notice
Section 40 (in sections 41 to 45 called the representative
24: Effect of appointment of representative
Section 41(a)
25: Ways in which notice required may be given
1: Section 46(1) current
2: Section 46
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)
26: New section 47 substituted
Section 47
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.
27: Complaints
Section 49
3: Any person who receives a complaint under subsection (2)(a) must deal with the complaint promptly and fairly.
28: New section 50A inserted
The following section is inserted after section 50
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)
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)
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.
29: Return of property held as evidence
Section 51
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.
30: New heading and sections 51A to 51E inserted
The following heading and sections are inserted after section 51 Code for victims
51A: Interpretation
In sections 51B to 51E code Minister
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 the government agencies that provide services to victims; and
b: may consult any persons or representatives of persons as the Secretary considers appropriate.
51C: Code to be approved by Minister
A code prepared under section 51B
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)
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
31: Consequential amendment to Official Information Act 1982
1: This section amends the Official Information Act 1982
2: Paragraph (k) of the definition of official information section 2(1) section 22 section 17AA 2014-12-06 Official Information Act 1982
32: Schedule amended
The Schedule Victims' Rights Amendment Act 2011 (2011 No 95)
Repeal sections 4 to 7.


1: Title
This Act is the Children, Young Persons, and Their Families Amendment Act 2014.
2: Commencement
This Act comes into force 6 months after the date on which it receives the Royal assent.
3: Principal Act amended
This Act amends the Children, Young Persons, and Their Families Act 1989 2014-12-06 Children, Young Persons, and Their Families Act 1989
4: Interpretation
Section 2(1) victim victim section 2B .
5: New section 2B inserted
The following section is inserted after section 2A
2B: Meaning of victim
1: In this Act, victim
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)
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
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 subsection (1) immediate family incapable offence
6: Custody of child or young person pending hearing
Section 238
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
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)
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)
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 specified offence section 29
7: Persons entitled to attend family group conference
1: Section 251
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: Section 251
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.
8: Application of Acts relating to bail, criminal disclosure, criminal procedure, and District Courts
The heading to section 321 victims' rights, criminal procedure,
9: Persons entitled to be present at hearing
1: Section 329(1)
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: Section 329
2: If, during the hearing, the Judge requests a person of the kind described in paragraph (jb)
10: Children and young persons who abscond
Section 385
5: Subsection (6)
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 efforts to notify each victim of the offence committed by the young person that the young person has absconded from the residence.
11: New section 395A inserted
The following section is inserted after section 395
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.
12: Schedule 1 amended
Schedule 1 clause 3 3A The Victims' Rights Act 2002, as follows:
a: sections 7 and 8, and, for the purposes of these sections, victim
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)
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)
b: section 10:
c: section 11 (except the definition of services subsection (2)
d: section 12 (except subsections (1)(ca) 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:
e: section 13 (except that despite subsection (3), section 12 overrides section 438 of this Act):
f: sections 14 to 16A:
g: sections 17AA
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) section 2B
h: 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:
i: 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:
j: 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.


Parole Amendment Act 2014

1: Title
This Act is the Parole Amendment Act 2014.
2: Commencement
This Act comes into force 6 months after the date on which it receives the Royal assent.
3: Principal Act amended
This Act amends the Parole Act 2002 2014-12-06 Parole Act 2002
4: Interpretation
The definition of victim section 4(1) current address, under section 31 address, under section 32B
5: Start of process
Section 43
2A: When, under subsection (2)(b)
6: Information for victims
Section 44
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: Decision on type of hearing
Section 45
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
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.
8: Review of decision on type of hearing
1: Section 46
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)
2: Section 46(5) offender person
9: New section 47 substituted
Section 47
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.


Sentencing Amendment Act 2014

1: Title
This Act is the Sentencing Amendment Act 2014.
2: Commencement
This Act comes into force 6 months after the date on which it receives the Royal assent.
3: Principal Act amended
This Act amends the Sentencing Act 2002 2014-12-06 Sentencing Act 2002
4: New section 24A inserted
The following section is inserted before section 25
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 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)
5: Power of adjournment for inquiries as to suitable punishment
1: Section 25(1)(b) occur occur, or to be completed
2: Section 25(2) section 10(4) section 10(4) or 24A
6: Sentence of reparation
Section 32
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.
7: Court may order reparation report
Section 33(1)(c)
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: .
8: Discharge without conviction
Section 106
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.
9: Conviction and discharge
Section 108
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.
10: Order to come up for sentence if called upon
Section 110
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.