Victims Rights Act 2002 : Issues paper for the Chief Victims Advisor to Government how was the Act implemented and has is compliance with the Act monitored?
Contributor(s): New Zealand. Office of the Chief Victims Advisor
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Material type: 
BookPublisher: Wellington, New Zealand: Office of the Chief Victims Advisor, 2020Description: electronic document (66 pages) ; PDF file: 1.7 MB.Subject(s): New Zealand. Office of the Chief Victims Advisor | COMPLAINTS PROCEDURES | FAMILY COURT | FAMILY LAW | JUSTICE | LAW REFORM | LEGISLATION | VICTIMS OF CRIMES | Victims Rights Act 2002 | NEW ZEALANDOnline resources: Download report, PDF, 1.7 MB | Chief Victims Advisor website Summary: The introduction of the Victims of Offences Act in 1987 signalled a turning point for the New Zealand Government with respect to victims of crime. This landmark legislation was the first to encourage Police, the Ministry of Justice, Crown Law and the Department of Corrections to engage with victims during the criminal justice process. These agencies were encouraged to provide victims with information and the opportunity to express their views on certain matters.
However, the drafting of the Act eventually came under criticism for giving government agencies too much discretion as it merely recommended, as opposed to mandated, how
agencies ought to work with victims. The Victims of Offences Act 1987 (Victims of Offences Act) was eventually repealed and replaced with the Victims Rights Act 2002 (Victims Rights Act) which provided victims with statutory rights for the first time.
Eighteen years on from the passing of the Victims Rights Act, this paper asks the question: to what extent is the Victims Rights Act upheld by Police, the Ministry of Justice, Crown Law and the Department of Corrections? In other words, what percentage of victims have their rights upheld compared to those who do not? The main conclusion of this paper is that it is not possible to answer this question at present – we are quite simply in the dark. Agencies either have systems in place to collect relevant data which could shed some light on this but for a range of resourcing and staffing reasons do not, or the systems currently in place do not enable staff to collect relevant data which can then be usefully reported. This finding needs to be urgently addressed by the Ministry of Justice, which has ultimate responsibility for administering the Act in conjunction with Police, Crown Law, and the Department of
Corrections. This issues paper recommends that agencies be subject to mandatory reporting on their compliance with the Victims Rights Act as this will provide agencies with a clear incentive to improve their data collection practices and systems.
Another significant finding is that as of 2020 there is still no independent entity with responsibility for monitoring how agencies have collectively implemented the Victims Rights
Act and ultimately, their level of compliance with the Act. (From the Executive summary). Record #7546
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Published May 2020
The introduction of the Victims of Offences Act in 1987 signalled a turning point for the New Zealand Government with respect to victims of crime. This landmark legislation was the first to encourage Police, the Ministry of Justice, Crown Law and the Department of Corrections to engage with victims during the criminal justice process. These agencies were encouraged to provide victims with information and the opportunity to express their views on certain matters.
However, the drafting of the Act eventually came under criticism for giving government agencies too much discretion as it merely recommended, as opposed to mandated, how
agencies ought to work with victims. The Victims of Offences Act 1987 (Victims of Offences Act) was eventually repealed and replaced with the Victims Rights Act 2002 (Victims Rights Act) which provided victims with statutory rights for the first time.
Eighteen years on from the passing of the Victims Rights Act, this paper asks the question: to what extent is the Victims Rights Act upheld by Police, the Ministry of Justice, Crown Law and the Department of Corrections? In other words, what percentage of victims have their rights upheld compared to those who do not? The main conclusion of this paper is that it is not possible to answer this question at present – we are quite simply in the dark. Agencies either have systems in place to collect relevant data which could shed some light on this but for a range of resourcing and staffing reasons do not, or the systems currently in place do not enable staff to collect relevant data which can then be usefully reported. This finding needs to be urgently addressed by the Ministry of Justice, which has ultimate responsibility for administering the Act in conjunction with Police, Crown Law, and the Department of
Corrections. This issues paper recommends that agencies be subject to mandatory reporting on their compliance with the Victims Rights Act as this will provide agencies with a clear incentive to improve their data collection practices and systems.
Another significant finding is that as of 2020 there is still no independent entity with responsibility for monitoring how agencies have collectively implemented the Victims Rights
Act and ultimately, their level of compliance with the Act. (From the Executive summary). Record #7546
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