Information for Victims

Information for Victims

This section outlines the Justice process, describes what a victim can expect, and where to go for more support. 

Report a Crime

In this section you can find information on how to report a crime, the police investigation process and how you can get protection.

Victims and people who have witnessed or know about a crime can make a report to the police. Reporting a crime can increase safety, prevent the offender from committing the crime again and help a victim receive financial grants or make an insurance claim. Remember, you can discuss your options with police before deciding if you'll formally report the crime.

How to Report a Crime

Reporting a crime as soon as possible can help keep you and other people safe. You can still report a crime to the police no matter how long ago the crime happened.

You can report a crime whenever you feel ready. Reporting it as soon as possible so the police can start collecting evidence Various things presented in court to prove an alleged fact i.e. videos, witness A person who tells the court about what they have seen, heard or experienced. View the full glossary statements. View the full glossary and start their investigation can help.

Anyone can report a crime. This includes:

  • the victim of the crime
  • a person who has seen the crime (sometimes called an eyewitness)
  • the person who has committed the crime
  • a person who knows about the crime can make an unofficial report even if they have no personal knowledge of, or involvement in, the crime
  • a friend or relative of the victim may escort the victim to a police station and assist them to report the crime.

When you make a report, the police officer will you ask you to tell them exactly what happened. They will write down what you say.

Then the police will:

  • give you a case reference number, sometimes known as a PPN number
  • send you a letter or a complaint acknowledgement form
  • explain the investigation process
  • ask you if you want to stay informed about the progress of your case
  • ask you how you would like to be contacted
  • refer you to support services.

There are people that can support you while you report a crime and talk to you about your options. 

You can find the support that is right for you at the following link: Ways to Get Support

Making a Statement to the Police

If you're the victim of a crime or a witness A person who tells the court about what they have seen, heard or experienced. View the full glossary and it has been reported to the police, the police officer who has been assigned to the case will ask you to make a detailed statement about what happened.

This can happen at a different time to when you first report the crime, and it might be a different police officer.

Victims provide important evidence Various things presented in court to prove an alleged fact i.e. videos, witness A person who tells the court about what they have seen, heard or experienced. View the full glossary statements. View the full glossary that help police charge the accused person. You don't have to make a statement or answer questions but it will help police investigate the crime.

When making a statement, tell the police everything you remember about what happened. Sometimes the questions police officer must ask might be difficult or embarrassing to answer. You will get given a copy of the statement.

They may record a video of you giving your statement. Police will video record the statements of child victims.

Make sure you tell the police officer if:

  • you've left anything out of your statement
  • you remember something later on
  • there’s a mistake in your statement
  • your address or phone number change
  • there are any dates that you can’t go to court.

The police keep a record of your statement. If the case goes to court, a copy of your statement is given to the accused person’s lawyers. 

You might be asked to go to court to talk about what is in your statement. If this happens, you will get given the name of a court victims adviser who can help make this less stressful for you.

Starting the Investigation

The Police investigate the crime. A police officer in charge Your main contact person with the police for your case. View the full glossary is responsible for the investigation and getting the case ready.

The police officer will talk to you and anyone else who knows something about the crime. 

You can also watch this video on police investigations below:

The police will collect evidence Various things presented in court to prove an alleged fact i.e. videos, witness A person who tells the court about what they have seen, heard or experienced. View the full glossary statements. View the full glossary to help make an arrest. This might be physical evidence, such as clothes or other property or medical evidence. If there is enough evidence, they'll make an arrest and charge the person.

If you are a victim of sexual violence, or if you have been physically assaulted, you might be asked to have a medical examination.

You can watch a video on getting a medical examination below:

Police may need to look at where the crime happened (the crime scene). It is better not to touch the area until you know if they need to look at it or not. 

The police might keep hold of your property while the investigation is happening. You have the right to have your property returned as soon as possible. If your property is needed as evidence Various things presented in court to prove an alleged fact i.e. videos, witness A person who tells the court about what they have seen, heard or experienced. View the full glossary statements. View the full glossary in a court case it might be a long time before police are able to return it.

You may be able to get financial assistance if your home or car was the place of the crime scene. You can read more about options available to you here: Financial Assistance

The police might ask you to look at photographs or attend an identification parade to help identify the accused person.

Laying Charges

After the crime has been reported to the police and they have investigated the case, they'll decide whether they can lay charges. Police will tell you what the person has been charged with. Not all police investigations lead to a person being charged but no matter what happens, you're believed.

In deciding whether to charge the person, the police will consider your views and whether there is sufficient evidence Various things presented in court to prove an alleged fact i.e. videos, witness A person who tells the court about what they have seen, heard or experienced. View the full glossary statements. View the full glossary to prove the case in court.

If a serious offence like assault or family violence has occurred, the police can decide to lay charges even if you don’t want them to.

After the police make an arrest, they might:

  • summons the defendant to appear at court at a later date (for minor offences)
  • arrest the defendant and release them on bail When police release someone who's charged with a crime on the condition that they attend future court hearings. View the full glossary to appear at court at a later date
  • keep the defendant in custody and then bring them to court on the next available court date (usually within 24 hours)
  • give the defendant a Pre-Charge Warning, which is a formal warning given after an arrest for a minor offence (like disorderly behaviour or breaching a liquor ban) and doesn't result in a prosecution.

The police will tell you if they charge someone and what the charges are.

If the police cannot find an offender Person convicted of a crime (before being found guilty, the person charged with the offence is called 'defendant'). View the full glossary for the crime or there is not enough evidence to go to court, the police will contact you to tell you why.

In New Zealand, there are four different categories of offences. The officer in charge or prosecutor The lawyer who presents the case against the person accused of a crime. View the full glossary will explain what offence the defendant has been charged with.

Category 1 offence

These are relatively minor offences, such as careless driving and are punishable by a fine only. They are heard by a judge alone in the District Court.

Category 2 offence

For example, common assault, have a maximum punishment of up to two years imprisonment or a community based sentence The consequences of the crime for the offender Person convicted of a crime (before being found guilty, the person charged with the offence is called 'defendant'). View the full glossary if they've pleaded or been found guilty. View the full glossary . These offences are usually heard by a judge alone in the District Court.

Category 3 offence

These are more serious offences, like aggravated assault, kidnapping or threatening to kill. They are punishable by imprisonment for 2 years or more. These can be heard by a judge alone or, if the defendant chooses, by a judge and jury Twelve people from the community who decide if the person is guilty or not guilty. View the full glossary and usually take place in the District Court and sometimes the High Court.

Category 4 offence

These are the most serious offences, such as murder or manslaughter. These offences are punishable by life imprisonment or by imprisonment for 2 years or more and are heard by a judge and jury in the High Court.

Not all police investigations lead to a person being charged with an offence, but this does not mean you were not believed.

It could mean that the police didn't have enough evidence Various things presented in court to prove an alleged fact i.e. videos, witness A person who tells the court about what they have seen, heard or experienced. View the full glossary statements. View the full glossary to lay charges or the police cannot find an offender Person convicted of a crime (before being found guilty, the person charged with the offence is called 'defendant'). View the full glossary for the crime 

It’s important that you find the right support services for you. You can find a list of support services on the following page:
Ways to Get Support

Getting Protection

There are many ways for you, your whānau and friends to apply for protection and be safe. Below is a list of some ways you can apply for protection through the police and the courts.

A Protection Order A protection order means an offender Person convicted of a crime (before being found guilty, the person charged with the offence is called 'defendant'). View the full glossary can be arrested if they hurt, threaten or approach you or your children. You can apply for a protection order if you're in a domestic relationship with the offender. A judge can include a protection order in a sentence The consequences of the crime for the offender if they've pleaded or been found guilty. View the full glossary View the full glossary means an abuser can be arrested if they hurt, threaten, approach, or encourage anyone else to abuse or threaten you and your children. You can apply for a Protection Order if you're in, or have been in, a close personal relationship with a person being violent towards you.

It’s free to apply for a Protection Order

If you urgently need a protection the court can make a temporary Protection Order on the same day. For more information, forms, and advice on how to get a lawyer to help you, visit: The Ministry of Justice website(external link)

Conditions of the Protection Order

The order will have conditions stopping the person from contacting or being violent or abusive towards you or your children. You can choose to agree to some contact if you want to. You can even stay living together if that's what you want.

Non-contact conditions can stop the person from:

  • coming to where you're living
  • trying to stop you, your children or your friends or family from coming or going
  • phoning, writing or contacting you in any way unless
    • there’s an emergency
    • you give them written permission, or
    • you’re both asked to attend a family group conference.

You can work with your lawyer or the Family Court to decide special conditions, for example, what happens when you pick up or drop off your children.

The person named in the order will probably have to attend a court-appointed ‘stopping violence’ programme.

What your protections means for your children

By law, both parents have custody rights unless a court says otherwise. You can apply for sole custody if you’re worried about your children’s safety.

If there’s proven violence, the abuser usually won’t be allowed to see their children without supervision.

You’ll need to tell your children’s school, daycare and other caregivers about the order – and let them know exactly who’s allowed to visit the children or take them away.

A Restraining Order is similar to a Protection Order A protection order means an offender Person convicted of a crime (before being found guilty, the person charged with the offence is called 'defendant'). View the full glossary can be arrested if they hurt, threaten or approach you or your children. You can apply for a protection order if you're in a domestic relationship with the offender. A judge can include a protection order in a sentence The consequences of the crime for the offender if they've pleaded or been found guilty. View the full glossary View the full glossary but it’s applied to people who you are not in a close relationship with, someone like a neighbour.

It’s free to apply. 

You can apply for one if you were the victim of a violent crime, the offender Person convicted of a crime (before being found guilty, the person charged with the offence is called 'defendant'). View the full glossary was sent to prison for more than 2 years and you don’t want them to contact you once they’re released.

This stops an offender from contacting you in any way. The judge can impose special conditions, depending on each case. Orders may stop an offender from living or working in particular areas or visiting those areas.

Police can issue a Police Safety Order to protect you and your children from family violence when they've been called out to a family violence incident.

The abusive person must then immediately leave your house, even if they normally live there, and not assault, threaten, intimidate, or harass you or your children, or encourage anyone else to do this.

The police can issue a Police Safety Order without your consent Giving permission for something to happen. A person doesn't have to verbally say 'no' or fight back to show that they haven't consented. View the full glossary which can last up to 10 days.

If the person doesn’t obey the Police Safety Order, the police can take them into custody and put them before the court.

For more information on Police Safety Orders visit: the Police website (external link)

For more information on the other types of orders, the forms and advice on how to get a lawyer to help you with these forms, visit: Ministry of Justice website(external link)

Staying informed

Sometimes it can feel like you don't know what is happening with the investigation. You have a right to information about the progress and can contact the police, your court victim advisor A Ministry of Justice staff member who can explain the court process and keep victims informed on the progress of their case. View the full glossary or support service for an update.

When you report the crime, the police will tell you how to contact them. You can also ask for a phone number or email address if one isn't given to you.

If you do know the first and last name of your police officer in charge, you can email them directly by using the following email format (firstname.lastname@police.govt.nz).

Your email should include a way for them to contact you, such as an email address or a phone number. You can also call or visit the police station and ask to speak to the officer in charge.

You can ask a support person to help you at any time. 

You can also ask for an interpreter if you don’t speak English well or you need disability access or help, Find out more below:
Interpreters, language and disability access(external link)

Types of Crime

There are many different types of crime, and the court and police will use specific names for them. This may include homicide When a person is killed by another person. View the full glossary , family violence, sexual violence and crimes committed by children or young people A person between the ages 14 - 17 View the full glossary .

This is harm caused by a family member or anyone you're in a close relationship with. They don’t have to be living with you.

Family violence against you and your children can include:

  • physical abuse
  • sexual abuse
  • psychological abuse, including intimidation, harassment and online bullying
  • damage to property
  • financial abuse and, 
  • threats to carry out any of these types of abuse.

The law can protect children from people who cause them to see and hear violence or put them at risk of seeing and hearing violence.

There are support services available to help you report it and give you information on how to keep you and your whānau safe. A list of support services are at the following link:

Ways to Get Support

Losing a loved one to homicide When a person is killed by another person. View the full glossary (murder or manslaughter) is an extremely traumatic experience. You'll have a police officer assigned to you or your whānau to:

  • answer any questions you have and make sure you know what is happening during the investigation
  • put you in touch with specialist support agencies
  • explain when you can see the deceased
  • talk to you about financial assistance you might be entitled to.

Police may interview whānau and other people, and gather evidence Various things presented in court to prove an alleged fact i.e. videos, witness A person who tells the court about what they have seen, heard or experienced. View the full glossary statements. View the full glossary like photos and forensic Forensic is used to describe the work of scientists who examine evidence in order to help the police solve crimes. View the full glossary tests. The police may need to keep some personal items belonging to the deceased or tape your home off while they gather evidence.

The person who has died will be taken to a hospital where a specially trained doctor called a Pathologist, will examine the body of the person to find out how they died. Before the examination can take place, the deceased must be identified by two people who knew them, which can sometimes be done using a video link.

Funeral Arrangements 

A funeral director can help with funeral or tangi arrangements and give advice on how to obtain an interim death certificate. You can get financial assistance to help with the funeral costs.

More information about the coronial process Coronial Services of New Zealand website(external link)

Sexual violence is never the fault of the victim-survivor.

Sexual violence is an extremely serious crime A crime of a sexual nature or other sexual assault, a crime that resulted in serious injury or death or that led the victim to have ongoing fears for their safety or the safety of one or more of their immediate whānau. View the full glossary . The effects can be traumatic and long lasting. The effects of sexual violence can have a different impact on everyone, and there is no right or wrong way to feel.

For more information, visit our website here: Sexual Violence Website(external link)

If you're a victim of a crime committed by a child or a young person, the matter will be dealt with through the youth justice process.

You can watch a short video explaining how children or young offenders are dealt with or you can read more here:
The Youth Justice System(external link)

Your Support Person

You have a right to a support person and you don't have to go through the process alone. There are free support and counselling services available to you. 

A list of support services, their phone numbers and websites are available here: Ways to Get Support

Going to Court

In this section you can find information on what happens once a case has entered the court system, how to prepare for court, and the role of the court victim advisor.

Court cases can take a long time, involve a lot of people, and include unfamiliar language. You have a right to understand what’s happening in your case and can ask your court victim advisor or the police officer in charge of your case about anything you’re unsure of.

The Plea

When the defendant first appears in court, they'll be asked to plead guilty or not guilty.

If the defendant is not ready to plead, the court will decide if the defendant stays in custody or is released back into the community on bail When police release someone who's charged with a crime on the condition that they attend future court hearings. View the full glossary between court appearances. This means that the defendant’s case will be put off to a later date, so they can get legal advice.

If the defendant pleads guilty it means they admit to the offence they were charged with. The court then decides what sentence The consequences of the crime for the offender Person convicted of a crime (before being found guilty, the person charged with the offence is called 'defendant'). View the full glossary if they've pleaded or been found guilty. View the full glossary the offender will be given.

Depending on the seriousness of the charges, the court may sentence the offender straight away, or after ordering a sentence report. These reports are prepared by probation officers and can take a few weeks.

In some cases, you'll be given the opportunity to attend a restorative justice Restorative Justice lets victims tell an offender how they have been affected, have a say in how the harm can be repaired, and begin to resolve some of the effects of the crime. A meeting is called a restorative justice conference. View the full glossary conference.

Where the offender admits to committing a minor offence, they may be eligible for diversion.

If the defendant pleads not guilty it means they're saying they didn't commit the offence. The case will go to trial and the prosecutor The lawyer who presents the case against the person accused of a crime. View the full glossary must prove that the defendant committed the offence.

The defendant can change their plea A formal answer to a charge given in court e.g. guilty or not guilty. View the full glossary from not guilty to guilty at any time.

If the defendant decides to plead guilty before the trial, you won't need to give your evidence Various things presented in court to prove an alleged fact i.e. videos, witness A person who tells the court about what they have seen, heard or experienced. View the full glossary statements. View the full glossary in court. If the defendant pleads guilty at an early stage, the judge will likely give the defendant a shorter sentence The consequences of the crime for the offender Person convicted of a crime (before being found guilty, the person charged with the offence is called 'defendant'). View the full glossary if they've pleaded or been found guilty. View the full glossary .

The defendant can also change their plea from guilty to not guilty, but the court will only approve this if there are special circumstances.

If the defendant pleads guilty or is found guilty after the trial, they'll be sentenced by the court. 

Court Victim Advisors

Court victim advisors provide information to victims from the defendant’s first day in court, until sentencing This is when the Judge decides what happens to the offender Person convicted of a crime (before being found guilty, the person charged with the offence is called 'defendant'). View the full glossary if they've pleaded or been found guilty. View the full glossary and through any appeals. This is a free service.

You'll be assigned a Court Victim Advisor A Ministry of Justice staff member who can explain the court process and keep victims informed on the progress of their case. View the full glossary who will help explain the court process, show you the courtroom before the hearing and show you the safe area you'll wait in before entering the court room.

Your court victim advisor A Ministry of Justice staff member who can explain the court process and keep victims informed on the progress of their case. View the full glossary can: 

  • explain how the court system works and what all the jargon means
  • give you information on other services, entitlements and financial assistance
  • keep you updated on what is happening in your case
  • make sure the police and others connected with the case know about any concerns you have
  • let you know what support and protection is available if you're worried about your own (or your family’s) safety
  • provide you with information on restorative justice Restorative Justice lets victims tell an offender how they have been affected, have a say in how the harm can be repaired, and begin to resolve some of the effects of the crime. A meeting is called a restorative justice conference. View the full glossary

Police can help you with your victim impact statement A record of how the crime has affected the victim. This is usually done in writing, but can include photographs, drawings or poems. A judge must consider it when sentencing This is when the Judge decides what happens to the offender Person convicted of a crime (before being found guilty, the person charged with the offence is called 'defendant'). View the full glossary if they've pleaded or been found guilty. View the full glossary an offender. The victim can read the statement to the court just before sentencing View the full glossary , which tells the court how the crime has affected you. Victim Support can also help you with this.

Victim Support website(external link)

The Police website(external link)

After the hearing, your court victim advisor can explain the court's decision and - if the offender is sent to prison - help you register on the Victim Notification Register A confidential list used by criminal justice agencies to keep victims informed about the offender, such as where the case is in the court process, if there's a temporary release from prison and when the offender is up for parole When an offender is allowed out of prison to finish their sentence in the community. They must follow certain conditions. View the full glossary . View the full glossary so you can be told when the offender has parole hearings or is released.

Victims of sexual violence have access to specialist court victim advisors, experienced in working with sexual violence. They will guide you through the court process, help you understand what is happening and when, and tell you when the offender Person convicted of a crime (before being found guilty, the person charged with the offence is called 'defendant'). View the full glossary will be in court.

You can read more about support for victims of sexual violence here: Sexual Violence Court Victim Advisors(external link) 

Court victim advisors can also help child witnesses going through the court process.

You can find out more about the Court Education for Young Witnesses programme below in the Giving Evidence section. 

Victim Impact Statement

As a victim you have the right to make a victim impact statement A record of how the crime has affected the victim. This is usually done in writing, but can include photographs, drawings or poems. A judge must consider it when sentencing This is when the Judge decides what happens to the offender Person convicted of a crime (before being found guilty, the person charged with the offence is called 'defendant'). View the full glossary if they've pleaded or been found guilty. View the full glossary an offender. The victim can read the statement to the court just before sentencing View the full glossary . This gives you a chance to talk about how you feel, and what has happened to you because of the crime.

A victim impact statement A record of how the crime has affected the victim. This is usually done in writing, but can include photographs, drawings or poems. A judge must consider it when sentencing This is when the Judge decides what happens to the offender Person convicted of a crime (before being found guilty, the person charged with the offence is called 'defendant'). View the full glossary if they've pleaded or been found guilty. View the full glossary an offender. The victim can read the statement to the court just before sentencing View the full glossary can help the judge understand how the crime has affected you and decide what sentence The consequences of the crime for the offender if they've pleaded or been found guilty. View the full glossary to give the offender. 

A victim impact statement is different to the statement you make to the police. It’s about explaining how the crime has affected you whether that be physically, emotionally, financially, or socially.

Any victim of crime can make a victim impact statement. Sometimes other people who have been affected by the crime can make a victim impact statement, but only if the judge agrees.

You don’t have to make one if you don’t want to. If you decide not to make one, the court will still consider the impact of the crime on you through the evidence Various things presented in court to prove an alleged fact i.e. videos, witness A person who tells the court about what they have seen, heard or experienced. View the full glossary statements. View the full glossary from the court case.

No one can change your victim impact statement A record of how the crime has affected the victim. This is usually done in writing, but can include photographs, drawings or poems. A judge must consider it when sentencing This is when the Judge decides what happens to the offender Person convicted of a crime (before being found guilty, the person charged with the offence is called 'defendant'). View the full glossary if they've pleaded or been found guilty. View the full glossary an offender. The victim can read the statement to the court just before sentencing View the full glossary without your agreement. However, the prosecutor The lawyer who presents the case against the person accused of a crime. View the full glossary needs to make sure the content is suitable for the court and might advise you to change some of the wording.

The youth justice system operates a bit differently from the adult criminal justice system. In the Youth Court the main way you give your views to the court is through a family group conference plan, although some victims of offending by a child or young person may be able to read their victim impact statement A record of how the crime has affected the victim. This is usually done in writing, but can include photographs, drawings or poems. A judge must consider it when sentencing This is when the Judge decides what happens to the offender Person convicted of a crime (before being found guilty, the person charged with the offence is called 'defendant'). View the full glossary if they've pleaded or been found guilty. View the full glossary an offender. The victim can read the statement to the court just before sentencing View the full glossary in court. 

The Ministry of Justice has published guidelines to help you prepare your victim impact statement A record of how the crime has affected the victim. This is usually done in writing, but can include photographs, drawings or poems. A judge must consider it when sentencing This is when the Judge decides what happens to the offender Person convicted of a crime (before being found guilty, the person charged with the offence is called 'defendant'). View the full glossary if they've pleaded or been found guilty. View the full glossary an offender. The victim can read the statement to the court just before sentencing View the full glossary :

Victim Impact Statement guidelines - Adult Jurisdiction(external link)

Victim Impact Statement guidelines - Youth Jurisdiction(external link)

Types of Hearings

In Aotearoa, New Zealand, criminal cases are either heard by just a judge (judge-alone trial) or by a group of 12 people which make up a jury Twelve people from the community who decide if the person is guilty or not guilty. View the full glossary (jury trial). A jury trial is only possible when the crime the defendant was charged with results in a two-or-more year prison sentence The consequences of the crime for the offender Person convicted of a crime (before being found guilty, the person charged with the offence is called 'defendant'). View the full glossary if they've pleaded or been found guilty. View the full glossary .

If the defendant pleads guilty, the next time they will appear in court will usually be the sentencing This is when the Judge decides what happens to the offender Person convicted of a crime (before being found guilty, the person charged with the offence is called 'defendant'). View the full glossary if they've pleaded or been found guilty. View the full glossary hearing. This is when the judge will consider your victim impact statement A record of how the crime has affected the victim. This is usually done in writing, but can include photographs, drawings or poems. A judge must consider it when sentencing an offender. The victim can read the statement to the court just before sentencing View the full glossary . You can attend the sentencing hearing if you want.

The case may also be postponed to see whether a restorative justice Restorative Justice lets victims tell an offender how they have been affected, have a say in how the harm can be repaired, and begin to resolve some of the effects of the crime. A meeting is called a restorative justice conference. View the full glossary conference should take place. This is a conference where you can express how the crime has impacted you directly to the offender.

If the person pleads not guilty, the case will go to trial. A police prosecutor The lawyer who presents the case against the person accused of a crime. View the full glossary or a Crown prosecutor Crown prosecutors are crown solicitors and lawyers who appear for all prosecutions in the High Court and those in the District Court where the defendant has chosen trial by jury Twelve people from the community who decide if the person is guilty or not guilty. View the full glossary on behalf of the Crown View the full glossary will present the case to the court, depending on the seriousness of the crime.

Case Review

If the defendant pleads not guilty, their next appearance at court will usually be at a case review.

A case review’s purpose is to determine whether the charge can be resolved without the need for a trial. A case review is held at least 30 days after the defendant pleads not guilty. 

After the case review, the case will be deferred until the next trial date.

Jury Trial Callover

The jury trial callover A meeting to get the case ready for trial. View the full glossary is held at least 40 days after the case was deferred for the callover. Its purpose is to make sure the case is ready to go to trial.

You do not usually have to attend the case review or jury trial callover. The prosecutor or court victim advisor A Ministry of Justice staff member who can explain the court process and keep victims informed on the progress of their case. View the full glossary will tell you if you need to attend.

The Trial

If you've been called as a witness A person who tells the court about what they have seen, heard or experienced. View the full glossary , you'll have to attend the trial to give evidence. At the end of the trial, the jury (for a jury trial) or the judge (where there isn’t a jury) decides whether the defendant is guilty or not guilty.

If the jury cannot reach a decision on whether the defendant is guilty or not guilty, there may be another trial. 

Preparing for Court

Court can be intimidating and the thought of going to court can make some people feel nervous or anxious, especially if they also must evidence Various things presented in court to prove an alleged fact i.e. videos, witness A person who tells the court about what they have seen, heard or experienced. View the full glossary statements. View the full glossary give evidence Answering questions about what happened to you. View the full glossary in the court room. It is important to remember that you are believed and are not the one on trial.

Your  Court Victim Advisor A Ministry of Justice staff member who can explain the court process and keep victims informed on the progress of their case. View the full glossary can help you get ready for court. You can ask them if you want to:

  • visit the courtroom ahead of time so that you are familiar with it
  • have someone meet you at or outside the court
  • have a support person to sit with you when you give  evidence Various things presented in court to prove an alleged fact i.e. videos, witness statements. View the full glossary
  • use a screen or closed circuit tv, so you don’t have to look at the defendant when giving evidence.

Helpful tips for getting ready for court

  • if you are employed, you should arrange to take time off work
  • if you have children, make sure you organise for someone to look after them on the day
  • take your summons or letter telling you the date and time of the court case and a copy of your written statement that you gave to the police
  • wear neat, tidy and comfortable clothes. It may also be useful to bring a jacket or a jumper as some courtrooms can be cold
  • take some money for food, drinks or car parking
  • bring something to read or do, as you might have to wait for a while. 

If English is not your first language, or you are deaf, hearing impaired, blind and/or speech impaired, there are options for you.

You do not have to pay for an interpreter.

You can find out more about getting an interpreter by visiting the Ministry of Justice website(external link).

How the Court works

Courts can be unfamiliar and frightening environments. The police, prosecutor The lawyer who presents the case against the person accused of a crime. View the full glossary and court victim advisor A Ministry of Justice staff member who can explain the court process and keep victims informed on the progress of their case. View the full glossary will try to make sure you're protected from unnecessary contact with the defendant or their whānau and friends at court.

It's best to get to court about 30 minutes before the case starts. When arriving at court, you'll go through court security which has electronic screening (just like at airports). Everyone going into the court must do this.

You then ask reception to call the court victim advisor A Ministry of Justice staff member who can explain the court process and keep victims informed on the progress of their case. View the full glossary for you. They'll come to collect you and take you to a private area of the court where you won’t come face to face with the defendant.

The prosecutor The lawyer who presents the case against the person accused of a crime. View the full glossary will always try and meet with you if you're the victim of a sexual offence, are a child victim or the whānau member of a victim who has died. The prosecutor will explain the court process, let you know when upsetting or graphic evidence Various things presented in court to prove an alleged fact i.e. videos, witness A person who tells the court about what they have seen, heard or experienced. View the full glossary statements. View the full glossary is going to be presented and discuss how you're going to give evidence Answering questions about what happened to you. View the full glossary (if you've been called as a witness).

Your friends or whānau can come with you to court to support you, though you can't talk about the case.

If you're a victim or a witness A person who tells the court about what they have seen, heard or experienced. View the full glossary in a case, the court can do things to protect your privacy, like:

  • making sure that your contact details are not made public when evidence Various things presented in court to prove an alleged fact i.e. videos, witness statements. View the full glossary is given to the court
  • making an order for name suppression for victims of sexual violence and children. This means that your name and any details that might identify you cannot be published.

Youth Courts are closed and some cases in Coroners Courts cannot be reported.

Victims of crime have the right to be told what is happening with the case unless the information could harm the investigation or the court case.

The police, your court victim advisor A Ministry of Justice staff member who can explain the court process and keep victims informed on the progress of their case. View the full glossary or the prosecutor The lawyer who presents the case against the person accused of a crime. View the full glossary will tell you:

  • the charges filed against the defendant
  • reasons for not laying charges
  • your role as a witness A person who tells the court about what they have seen, heard or experienced. View the full glossary
  • when and where the hearings will take place
  • the outcome of any criminal proceedings, including any proceedings on appeal A request to a court to change a decision e.g. type of sentence, length of sentence View the full glossary
  • an offender Person convicted of a crime (before being found guilty, the person charged with the offence is called 'defendant'). View the full glossary ’s progress on a plan agreed at a family group conference.

You can also ask for this information to be given to someone else who can then explain it to you.

If you've been called to evidence Various things presented in court to prove an alleged fact i.e. videos, witness A person who tells the court about what they have seen, heard or experienced. View the full glossary statements. View the full glossary give evidence Answering questions about what happened to you. View the full glossary as a witness, you may be able to claim expenses to cover some of the costs of attending court to give evidence. Speak to the officer in charge about how to claim these expenses.

If you're a victim of a serious crime A crime of a sexual nature or other sexual assault, a crime that resulted in serious injury or death or that led the victim to have ongoing fears for their safety or the safety of one or more of their immediate whānau. View the full glossary you may be able to claim additional expenses for attending court. You can talk to a court victim advisor A Ministry of Justice staff member who can explain the court process and keep victims informed on the progress of their case. View the full glossary or Victim Support about how to claim these expenses.

Victim Support website(external link)

The people in Court

There are lots of different people involved in a court case. It's important for you to feel as comfortable and familiar as possible with who you will be speaking to in a court. Most of these people will be present in the court room when you give your evidence Various things presented in court to prove an alleged fact i.e. videos, witness A person who tells the court about what they have seen, heard or experienced. View the full glossary statements. View the full glossary .

Below, you'll find a picture showing an example of the people you might see and descriptions of these people in the court room.

The Judge has the important role of guiding the entire trial and making sure the process is fair and the law is followed.

These two roles support the trial, help it run smoothly and ensuring everything that happens in court is well documented. 

The Police officer in charge Your main contact person with the police for your case. View the full glossary will help and support you leading up to and during the court process. They’ll work with the prosecutor The lawyer who presents the case against the person accused of a crime. View the full glossary to prepare the case for trial. A part of their role is to keep you informed about the case, explain the court process, and answer any questions you may have.

The jury Twelve people from the community who decide if the person is guilty or not guilty. View the full glossary is made up of 12 people from the community. Their role is to listen to all evidence Various things presented in court to prove an alleged fact i.e. videos, witness A person who tells the court about what they have seen, heard or experienced. View the full glossary statements. View the full glossary presented by the police prosecuting lawyers and the defendant’s lawyers and make a decision on whether the defendant is guilty or not guilty. 

The prosecuting lawyer presents the case against the defendant. They must act fairly but will seek to prove that the defendant has committed the crime. They'll present evidence Various things presented in court to prove an alleged fact i.e. videos, witness A person who tells the court about what they have seen, heard or experienced. View the full glossary statements. View the full glossary to the Jury Twelve people from the community who decide if the person is guilty or not guilty. View the full glossary by calling witnesses and may also produce photos, videos and other evidence to support the case. They'll ask you questions about what happened and may also call other witnesses.

They aren't your lawyer and the information they present in court is based on the case prepared by police.

The defence lawyer represents the defendant. They're defending them against the charges, and they’re likely to ask you questions and call witnesses to help them do that. 

 

The defendant will be in the court room when you give your evidence Various things presented in court to prove an alleged fact i.e. videos, witness A person who tells the court about what they have seen, heard or experienced. View the full glossary statements. View the full glossary and will be able to see and hear you; even if you're behind a screen or giving evidence through a TV. 

You can have someone in the courtroom with you to provide support while you give your evidence Various things presented in court to prove an alleged fact i.e. videos, witness A person who tells the court about what they have seen, heard or experienced. View the full glossary statements. View the full glossary . They're not able to help you answer the questions but can offer you silent support.

Giving Evidence

Giving evidence Various things presented in court to prove an alleged fact i.e. videos, witness A person who tells the court about what they have seen, heard or experienced. View the full glossary statements. View the full glossary is where you tell the court what happened to you. You can take your time to answer questions and ask to take a break if you need one.  

You'll be asked questions by the defendant’s lawyer and the police prosecuting lawyer about what happened, or what you know about the crime. You may also be asked some questions directly from the Judge.

You can evidence Various things presented in court to prove an alleged fact i.e. videos, witness A person who tells the court about what they have seen, heard or experienced. View the full glossary statements. View the full glossary give evidence Answering questions about what happened to you. View the full glossary in the courtroom, or the Judge may allow you to give your evidence so that you can’t see the defendant. That might still be in the courtroom but with a screen between you and the defendant or via closed circuit TV from another room.

Your Court Victim Advisor A Ministry of Justice staff member who can explain the court process and keep victims informed on the progress of their case. View the full glossary will talk you through your options.

Child witnesses (this includes children and young people A person between the ages 14 - 17 View the full glossary ) can get extra support and protection when they go to court. There are special legal rules to protect the privacy and identity of child witnesses.

Court Education for Young Witnesses is a programme offered by court victim advisors for all young witnesses in adult courts (except defendants).

If you have asked for Court Education for Young Witnesses, the  court victim advisor A Ministry of Justice staff member who can explain the court process and keep victims informed on the progress of their case. View the full glossary  will contact you about three weeks before the case goes to court. They'll take you and your parent and caregiver through what happens in court, who sits where and who does what. They can also take you to visit the courtroom itself.

The Verdict and Sentencing

Once all the evidence Various things presented in court to prove an alleged fact i.e. videos, witness A person who tells the court about what they have seen, heard or experienced. View the full glossary statements. View the full glossary and facts of the case have been presented in court, the judge or jury Twelve people from the community who decide if the person is guilty or not guilty. View the full glossary decide whether the defendant is guilty or not guilty. The Judge then decides what sentence The consequences of the crime for the offender Person convicted of a crime (before being found guilty, the person charged with the offence is called 'defendant'). View the full glossary if they've pleaded or been found guilty. View the full glossary the offender will get for committing the crime.

At the end of the court case, the jury Twelve people from the community who decide if the person is guilty or not guilty. View the full glossary (in a jury trial) or the judge (where there isn’t a jury) decides whether the defendant is guilty or not guilty. This is called the verdict Formal judgement whether someone is guilty or not guilty View the full glossary .

Defendant pleads guilty or is found guilty

If the defendant pleads guilty or is found guilty, they may be sentenced on the day or a date will be set for a sentencing This is when the Judge decides what happens to the offender Person convicted of a crime (before being found guilty, the person charged with the offence is called 'defendant'). View the full glossary if they've pleaded or been found guilty. View the full glossary hearing. Once the defendant pleads guilty or has been found guilty, they are called the offender.

If the defendant pleads guilty or is found guilty, you may be given the opportunity to attend a restorative justice Restorative Justice lets victims tell an offender how they have been affected, have a say in how the harm can be repaired, and begin to resolve some of the effects of the crime. A meeting is called a restorative justice conference. View the full glossary conference.

Sometimes the judge will order the offender to pay you money, called reparation, if you have suffered emotional harm or had property lost as a result of a crime. To find out more about reparation visit: the Ministry of Justice website(external link)

Defendant is found not guilty

If a court finds the defendant not guilty, it means that there was not enough evidence Various things presented in court to prove an alleged fact i.e. videos, witness A person who tells the court about what they have seen, heard or experienced. View the full glossary statements. View the full glossary to prove that they committed the crime. It doesn’t mean that the crime didn’t happen, or that you weren’t a victim of the crime.

If the defendant is found not guilty, they are free to go. This can be unexpected and difficult for you and you may want to talk this over with your court victim advisor A Ministry of Justice staff member who can explain the court process and keep victims informed on the progress of their case. View the full glossary or support worker. There are lots of places you can get support from. Visit our ways to get support for a list of support services here: Ways to Get Support

Defendant not guilty by reason of insanity

Sometimes, the court may find the defendant not guilty by reason of insanity. This doesn't happen very often but if it does you can get support to understand what an insanity verdict means. Your court victim advisor or officer in charge can help.

Sentencing This is when the Judge decides what happens to the offender Person convicted of a crime (before being found guilty, the person charged with the offence is called 'defendant'). View the full glossary if they've pleaded or been found guilty. View the full glossary is when the judge decides what punishment the offender will get after the verdict Formal judgement whether someone is guilty or not guilty View the full glossary . You don’t have to attend court for the sentencing hearing unless you want to. The court can give a range of sentences (and a combination of sentences) depending on what's appropriate in the circumstances. Not all offenders will go to prison, even when they're found guilty.

The sentencing hearing is when your victim impact statement A record of how the crime has affected the victim. This is usually done in writing, but can include photographs, drawings or poems. A judge must consider it when sentencing an offender. The victim can read the statement to the court just before sentencing View the full glossary is read out to the court. Your victim impact statement is the way for you to be heard in the process and to tell the court how the crime has affected you. The judge is required to consider your victim impact statement when sentencing the offender.

Talk to the officer in charge if you need to make any changes to your victim impact statement.

The court may:

  • order the offender to pay a fine or reparation
  • order the offender to complete a sentence The consequences of the crime for the offender if they've pleaded or been found guilty. View the full glossary of community work
  • sentence the offender to community-based supervision
  • sentence the offender to home detention Home detention is when an offender serves their prison sentence, or part of the sentence, at an approved residence. Offenders on home detention wear an electronic device so their movements can be monitored. View the full glossary or community detention
  • sentence the offender to prison or preventive detention Prisoners may be released on parole but remain managed by Corrections for the rest of their life and can be recalled to prison at any time. View the full glossary
  • order the offender be detained in a secure mental health facility
  • discharge the offender with or without conviction
  • require the offender to come up for sentence if called on.

Your rights

You'll be told what sentence the offender Person convicted of a crime (before being found guilty, the person charged with the offence is called 'defendant'). View the full glossary gets.

You have the right to be told what sentence the offender gets, even if you're not in court for the sentencing This is when the Judge decides what happens to the offender if they've pleaded or been found guilty. View the full glossary hearing.

If you think the sentence is too light, you can talk to the prosecutor The lawyer who presents the case against the person accused of a crime. View the full glossary who may decide to appeal A request to a court to change a decision e.g. type of sentence, length of sentence View the full glossary against it. Offenders can appeal if they think the sentence is too heavy.

If a serious crime A crime of a sexual nature or other sexual assault, a crime that resulted in serious injury or death or that led the victim to have ongoing fears for their safety or the safety of one or more of their immediate whānau. View the full glossary was committed against you, you may be able to get information about what happens to the offender after sentencing, such as release dates and parole When an offender is allowed out of prison to finish their sentence in the community. They must follow certain conditions. View the full glossary hearings. Talk to the officer in charge or your court victim advisor A Ministry of Justice staff member who can explain the court process and keep victims informed on the progress of their case. View the full glossary about going on the Victim Notification Register A confidential list used by criminal justice agencies to keep victims informed about the offender, such as where the case is in the court process, if there's a temporary release from prison and when the offender is up for parole. View the full glossary so you can get this information.

How does the Judge decide what sentence to give?

The judge is required by law to take many factors into account when sentencing the offender, such as:

  • how serious the offence was
  • the impact on you and other people affected by the crime
  • the offender’s personal, whānau, community and cultural background
  • what sentences have been given for other similar crimes
  • reports about the offender (such as a pre- sentence The consequences of the crime for the offender if they've pleaded or been found guilty. View the full glossary report, reparation report and victim impact statements).

Different types of sentences

You can find out more about the different types of sentences the offender Person convicted of a crime (before being found guilty, the person charged with the offence is called 'defendant'). View the full glossary can get by watching this video about the sentencing process.

Types of Courts

There are lots of different courts in New Zealand. This page talks about courts that deal with criminal matters. Information on types of courts and tribunals can be found at: The Courts of New Zealand website(external link)

Most criminal matters are heard in the District Court. The District Court cannot hear murder, manslaughter or Class A drug offences. There are District Courts throughout New Zealand.

District Courts(external link)

The High Court can hear all criminal cases involving indictable offences or cases where the defendant chooses to have a trial by  jury Twelve people from the community who decide if the person is guilty or not guilty. View the full glossary . Some really serious crimes, like murder, can only be heard in the High Court. The High Court also sentences offenders who have been sent to it for  sentencing This is when the Judge decides what happens to the offender Person convicted of a crime (before being found guilty, the person charged with the offence is called 'defendant'). View the full glossary if they've pleaded or been found guilty. View the full glossary  by a District Court.

High Courts(external link)

The Court of  Appeal A request to a court to change a decision e.g. type of sentence, length of sentence View the full glossary  deals with civil and criminal appeals from proceedings heard in the High Court. It may also hear appeals from more serious criminal proceedings in District Courts. 

Court of Appeal(external link)

The Supreme Court is New Zealand’s final court of appeal A request to a court to change a decision e.g. type of sentence, length of sentence View the full glossary . Appeals to the Supreme Court can only be heard with leave of the Supreme Court.

Supreme Court(external link)

Family Courts are a section of the District Court. They deal with a wide range of family law matters, including care of children, separation and divorce and domestic violence. A judge can make a  protection order A protection order means an offender Person convicted of a crime (before being found guilty, the person charged with the offence is called 'defendant'). View the full glossary can be arrested if they hurt, threaten or approach you or your children. You can apply for a protection order if you're in a domestic relationship with the offender. A judge can include a protection order in a sentence The consequences of the crime for the offender if they've pleaded or been found guilty. View the full glossary View the full glossary in the Family Court.

Family Court(external link)

The Youth Court is a section of the District Court. It deals with criminal offending by  young people A person between the ages 14 - 17 View the full glossary  aged 14, 15 and 16 years. In cases of very serious offending, the Youth Court can deal with young people aged 10 to 13.

Youth Court(external link)

After Sentencing

In this section you can find information on the different things that can happen after sentencing, how to stay informed and ways to help you in your recovery.

Sentencing comes at the end of what is usually a long court process. You may have focused all your energy and attention on the court process and it's a normal reaction to feel lost, disappointed or let down after it's over.

Appealing the Court Outcome

Both the Police prosecutor The lawyer who presents the case against the person accused of a crime. View the full glossary and the offender Person convicted of a crime (before being found guilty, the person charged with the offence is called 'defendant'). View the full glossary have the right to lodge an appeal A request to a court to change a decision e.g. type of sentence, length of sentence View the full glossary . This means a higher court will look at the case again to determine whether the sentence The consequences of the crime for the offender if they've pleaded or been found guilty. View the full glossary given was correct. 

Your court victim advisor A Ministry of Justice staff member who can explain the court process and keep victims informed on the progress of their case. View the full glossary will contact you if there's going to be an appeal. You won't have to evidence Various things presented in court to prove an alleged fact i.e. videos, witness A person who tells the court about what they have seen, heard or experienced. View the full glossary statements. View the full glossary give evidence Answering questions about what happened to you. View the full glossary again at the appeal, but you can go to the hearing if you want to.

The Police prosecutor The lawyer who presents the case against the person accused of a crime. View the full glossary can appeal A request to a court to change a decision e.g. type of sentence, length of sentence View the full glossary against the sentence The consequences of the crime for the offender Person convicted of a crime (before being found guilty, the person charged with the offence is called 'defendant'). View the full glossary if they've pleaded or been found guilty. View the full glossary if they think it wasn't legally correct. The Police prosecutor cannot appeal against an acquittal (this is when the court throws out the charges against the offender).

The offender may lodge an appeal against being found guilty or against the sentence. Sometimes, they may appeal against the court’s refusal to grant bail When police release someone who's charged with a crime on the condition that they attend future court hearings. View the full glossary or name suppression.

As an individual, you cannot lodge an appeal against the sentence or an acquittal.

If the court allows the appeal A request to a court to change a decision e.g. type of sentence, length of sentence View the full glossary to proceed it can make a number of decisions, like:

  • changing the sentence The consequences of the crime for the offender Person convicted of a crime (before being found guilty, the person charged with the offence is called 'defendant'). View the full glossary if they've pleaded or been found guilty. View the full glossary given to the offender
  • ordering a re-trial, where you and all the other witnesses evidence Various things presented in court to prove an alleged fact i.e. videos, witness A person who tells the court about what they have seen, heard or experienced. View the full glossary statements. View the full glossary give evidence Answering questions about what happened to you. View the full glossary again
  • acquitting the offender, which means they're free to go and the charges are thrown out.

If the offender is found guilty and sentenced, you might be able to go on the Victim Notification Register A confidential list used by criminal justice agencies to keep victims informed about the offender, such as where the case is in the court process, if there's a temporary release from prison and when the offender is up for parole When an offender is allowed out of prison to finish their sentence in the community. They must follow certain conditions. View the full glossary . View the full glossary . Talk to your court victim advisor A Ministry of Justice staff member who can explain the court process and keep victims informed on the progress of their case. View the full glossary or the officer in charge about this.

Reparation Payments

The judge can order the offender Person convicted of a crime (before being found guilty, the person charged with the offence is called 'defendant'). View the full glossary to pay you money if you've suffered emotional harm or lost property as a result of a crime. This is called reparation.

During the sentencing This is when the Judge decides what happens to the offender Person convicted of a crime (before being found guilty, the person charged with the offence is called 'defendant'). View the full glossary if they've pleaded or been found guilty. View the full glossary process, the Judge will ask for a report to help them decide how much reparation the offender has to pay. The judge will consider how much damage or cost you have incurred and the offender’s ability to pay.

If reparation is ordered by the Judge, you'll be sent a Reparation Notice that tells you how much the offender has been ordered to pay.

The offender generally has 28 days to pay the court in full or to arrange payment by instalments.

In some cases a Judge will include instructions with the reparation order about how payments are to be made, for example ordering that payment be made by instalments of a certain amount, or order that the reparation be paid by a specific date.

The court receives the payment on your behalf and once the payments have cleared, forwards the payment to you by direct credit.

The fastest way to receive your payment from the court is by direct credit. To arrange this, you can call or email the reparation team with your bank account details or you can email:

Fines.enquiry@justice.govt.nz 

0800 909 909

Please note: some victims previously received reparation payments by cheque. As of 31 May 2021, the Ministry of Justice no longer accepts cheques. We suggest that you contact the team on 0800 909 909 with your bank account details or send a message online.

How Parole Works

Parole When an offender is allowed out of prison to finish their sentence in the community. They must follow certain conditions. View the full glossary is when the offender Person convicted of a crime (before being found guilty, the person charged with the offence is called 'defendant'). View the full glossary is released from prison before their sentence The consequences of the crime for the offender if they've pleaded or been found guilty. View the full glossary ends and then serves the rest of their sentence in the community sometimes with special conditions.

This may be earlier than you expect. Time they spent in custody before they were convicted and sentenced can be counted as part of the time they have spent in prison.

A parole When an offender is allowed out of prison to finish their sentence in the community. They must follow certain conditions. View the full glossary hearing is when the New Zealand Parole Board A Parole Board decides whether an offender Person convicted of a crime (before being found guilty, the person charged with the offence is called 'defendant'). View the full glossary is ready to be released from prison View the full glossary decides whether to release the offender on parole.

If you're registered on the Victim Notification Register A confidential list used by criminal justice agencies to keep victims informed about the offender, such as where the case is in the court process, if there's a temporary release from prison and when the offender is up for parole. View the full glossary , you'll be automatically notified of a parole hearing and invited to make a submission. You don’t have to make a submission if you don't want to.

If you're registered on the Victim Notification Register, you'll be told the Parole Board's decision whether you make a submission or not.

To help with your submission, you'll also have access to details of any programmes the offender Person convicted of a crime (before being found guilty, the person charged with the offence is called 'defendant'). View the full glossary did in prison, or any convictions they've received since the start of their sentence The consequences of the crime for the offender if they've pleaded or been found guilty. View the full glossary .

You can include anything in your submission you think the Parole When an offender is allowed out of prison to finish their sentence in the community. They must follow certain conditions. View the full glossary Board Parole Board A Parole Board decides whether an offender is ready to be released from prison View the full glossary should know. You can get support to help you take part in the parole process. Victim Support(external link) or your own support person can:

  • help you prepare a submission
  • attend a meeting with the Parole Board with you
  • speak on your behalf (with the Board’s permission).

You may also be eligible for financial assistance to help with the costs of attending a parole hearing. You can contact:

Victim Support(external link)

0800 842 846

The offender can usually read your written submission, or a summary of your oral submission, but your contact details will be deleted, and the offender won't be able to keep a copy.

For more information and assistance on making a submission to the Parole Board, as well as details of Parole hearings you can contact the Department of Corrections at:

victiminformation@corrections.govt.nz

(04) 460 3064

Offenders with a prison sentence The consequences of the crime for the offender Person convicted of a crime (before being found guilty, the person charged with the offence is called 'defendant'). View the full glossary if they've pleaded or been found guilty. View the full glossary of 2 years or less can be released after serving half of their sentence.

Offenders sentenced to preventive detention Prisoners may be released on parole When an offender is allowed out of prison to finish their sentence in the community. They must follow certain conditions. View the full glossary but remain managed by Corrections for the rest of their life and can be recalled to prison at any time. View the full glossary must serve at least 5 years in prison before they're eligible for parole.

A non-parole period is a minimum term the offender is in prison for. If an offender doesn't have a non-parole period, they'll be eligible for parole after serving one-third of their sentence.

Offenders often have to meet certain conditions after they're released on parole When an offender is allowed out of prison to finish their sentence in the community. They must follow certain conditions. View the full glossary . The conditions are set by the Parole Board A Parole Board decides whether an offender Person convicted of a crime (before being found guilty, the person charged with the offence is called 'defendant'). View the full glossary is ready to be released from prison View the full glossary and are aimed at protecting the community.

Conditions may cover where they can live, who they can contact and whether they have a curfew.

If an offender doesn't follow their parole conditions, they may have to go back to prison.

Restorative Justice

A restorative justice Restorative Justice lets victims tell an offender how they have been affected, have a say in how the harm can be repaired, and begin to resolve some of the effects of the crime. A meeting is called a restorative justice conference. View the full glossary conference is an informal, facilitated meeting between a victim, offender Person convicted of a crime (before being found guilty, the person charged with the offence is called 'defendant'). View the full glossary , support people, and any other approved people, such as community representatives or interpreters. Restorative justice is a voluntary process that aims to bring the victims and offenders together to address the harm that has occurred.

The restorative justice Restorative Justice lets victims tell an offender how they have been affected, have a say in how the harm can be repaired, and begin to resolve some of the effects of the crime. A meeting is called a restorative justice conference. View the full glossary conference happens outside of a court setting and takes place before the offender Person convicted of a crime (before being found guilty, the person charged with the offence is called 'defendant'). View the full glossary is sentenced in court. A report on the conference is provided to the judge so that they can take into consideration what has been discussed.

At a restorative justice conference, you'll have the chance to:

  • tell the offender how you've been affected by the crime
  • say how the harm can be put right
  • find closure and gain a greater understanding of what has occurred
  • help stop others from becoming victims of crime.

A trained facilitator will make sure you're kept safe and supported at the conference and that the discussions stay on track. You'll be encouraged to bring support people with you. The victim or offender can cancel the process at any time.

The below diagram explains how the restorative justice process works:

For more information about restorative justice visit or call:

The Ministry of Justice website(external link)

0800 COURTS (0800 268 787)

Staying Informed

If you've been the victim of a serious crime A crime of a sexual nature or other sexual assault, a crime that resulted in serious injury or death or that led the victim to have ongoing fears for their safety or the safety of one or more of their immediate whānau. View the full glossary , you can choose to stay informed about what happens to the offender Person convicted of a crime (before being found guilty, the person charged with the offence is called 'defendant'). View the full glossary after they're sentenced by applying to go on the Victim Notification Register A confidential list used by criminal justice agencies to keep victims informed about the offender, such as where the case is in the court process, if there's a temporary release from prison and when the offender is up for parole When an offender is allowed out of prison to finish their sentence in the community. They must follow certain conditions. View the full glossary . View the full glossary . Police are responsible for verifying applications to be put on the Register.

The Victim Notification Register A confidential list used by criminal justice agencies to keep victims informed about the offender Person convicted of a crime (before being found guilty, the person charged with the offence is called 'defendant'). View the full glossary , such as where the case is in the court process, if there's a temporary release from prison and when the offender is up for parole When an offender is allowed out of prison to finish their sentence in the community. They must follow certain conditions. View the full glossary . View the full glossary provides you with information about what's happening with the offender after they're sentenced, such as information about Parole Board A Parole Board decides whether an offender is ready to be released from prison View the full glossary hearings and release dates.

What information can you get? 

There are laws about who can get information, and what information is available from the Victim Notification Register.

If you're registered on the Victim Notification Register, you can receive information about the offenders:

  • Parole Board hearings
  • release dates
  • temporary release from prison
  • home detention Home detention is when an offender serves their prison sentence, or part of the sentence, at an approved residence. Offenders on home detention wear an electronic device so their movements can be monitored. View the full glossary
  • hospital detention
  • possible deportation of the offender.

You'll need to complete the victim request form(external link) and give it to police. Victim Support or your court victim advisor A Ministry of Justice staff member who can explain the court process and keep victims informed on the progress of their case. View the full glossary can help you complete the form.

You must keep your contact details up to date on the Register. If your contact details have changed, email victiminformation@corrections.govt.nz with your new contact details.

A parent or legal guardian of a child or young person under the age of 17 who has been the victim of an offence can apply to go on the Register. A child or young victim can apply to go on the Register once they turn 17.

You can nominate a representative to receive information on your behalf. If you nominate a representative, only they will receive the information. Tell your court victim advisor A Ministry of Justice staff member who can explain the court process and keep victims informed on the progress of their case. View the full glossary or the Department of Corrections if you want to receive the information instead of your representative.

For more information on the Victim notification register A confidential list used by criminal justice agencies to keep victims informed about the offender Person convicted of a crime (before being found guilty, the person charged with the offence is called 'defendant'). View the full glossary , such as where the case is in the court process, if there's a temporary release from prison and when the offender is up for parole When an offender is allowed out of prison to finish their sentence in the community. They must follow certain conditions. View the full glossary . View the full glossary , you can visit:

Victim Notification register - Department of Corrections' website(external link)

Your Recovery

The end of the court process doesn’t mean that the impact of the crime has gone away. Everybody experiences crime differently and it's normal for the impact of the crime to have a lasting effect on you.

You can still get support and assistance after the court process has finished.

Professional support agencies can:

  • offer counselling and talk through your experience and expectations of the court process, or
  • provide practical assistance if you feel like you need help to get your life back on track.

Contact the Victims Information Line on 0800 650 654, your court victim advisor A Ministry of Justice staff member who can explain the court process and keep victims informed on the progress of their case. View the full glossary or see our list of support services in your area.

Ways to Get Support

In this section you can find out about victims’ rights, support services and financial assistance that's available to victims of crime.

Victims Rights

Victims of crime in New Zealand have rights. These rights are set out in the Victims Code The Victims Code sets out how you can expect to be treated when you are a victim of crime. View the full glossary . All organisations that provide services to victims of crime aim to meet the standards set out in the Victims Code.

If you believe you haven't been treated fairly then you have the right to make a complaint.

  • You'll be treated fairly and respectfully by all people, organisations and government agencies that help you, your whānau and friends
  • You can expect to be treated with courtesy, compassion and respect.
  • You'll receive quality services that are culturally appropriate

Your personal information will be kept private.

Your rights

  • You have the right to be told about services that can help you, to be kept informed of the progress of the case through court and to know what to expect when you go to court.
  • You've the right to speak Māori or use New Zealand Sign Language in court as a witness A person who tells the court about what they have seen, heard or experienced. View the full glossary .
  • You've the right to make a victim impact statement A record of how the crime has affected the victim. This is usually done in writing, but can include photographs, drawings or poems. A judge must consider it when sentencing This is when the Judge decides what happens to the offender Person convicted of a crime (before being found guilty, the person charged with the offence is called 'defendant'). View the full glossary if they've pleaded or been found guilty. View the full glossary an offender. The victim can read the statement to the court just before sentencing View the full glossary , which tells the court how the crime has affected you.
  • You've the right to tell the judge what you think about the offender being considered for name suppression.
  • If any of your property was taken as evidence Various things presented in court to prove an alleged fact i.e. videos, witness statements. View the full glossary , you've the right to get it back as soon as possible.
  • In some cases, you have the right to be told when the offender will be released and to have a say on things like bail When police release someone who's charged with a crime on the condition that they attend future court hearings. View the full glossary , extended supervision orders or parole When an offender is allowed out of prison to finish their sentence in the community. They must follow certain conditions. View the full glossary . You'll need to register to get this information. You can also name a person to get it on your behalf.
  • If you’re the victim of an offence by a child or young person, you've the right to attend a family group conference and have a say in what you’d like to see happen.

More information about the Victims Code:

These publications and other supporting materials, like posters and wallet cards, are free to order. You can order these publications through our contact form.

Information about the Victims Code The Victims Code sets out how you can expect to be treated when you are a victim of crime. View the full glossary is available in a range of languages: Translated Victims Code

If you think your rights have not been met, or you've not received the standard of service you expect, you can make a complaint. An agency that receives a complaint must respond promptly and fairly.

You can make a complaint by:

  • contacting the agency – issues are often resolved by speaking directly with the person or going through the agency’s complaints process.
  • calling the Victims Information Line on 0800 650 654 – the Information Line staff will give you information about your rights and tell you how to make a complaint and who to send it to
  • completing our online form or writing to us at victimscentre@justice.govt.nz.

If you're not satisfied after the agency has looked at the complaint, or it is taking too long to get back to you, you can complain to:

The Office of the Ombudsman

The Independent Police Conduct Authority

The Privacy Commissioner

You can get support

The end of the court process doesn’t mean that the impact of the crime has gone away. Everybody experiences crime differently and the effects can last for a long time. There are options available for you to find the support you need.

In this section you can find the contact details for organisations that can provide you, your whānau or friends with support and information across Aotearoa, New Zealand.

Women's Refuge

Shine

  • Shine's(external link) domestic abuse helpline provides free support and advice for anyone who is worried about their own situation or is worried about someone they know who might be experiencing domestic abuse
  • 0508 744 633

Shakti

  • Shakti(external link) provides free support services for women, children and families of Asian, African and Middle Eastern origin who are in, or know someone who is in a situation of domestic violence.
  • 0800 742 584

Tu Wāhine Trust

Shama

  • Shama(external link) provides specialist, culturally appropriate support for those experiencing violence as well as advocacy and programmes to ethnic women, their children and families.
  • (07) 843 3810

Are You Ok 

  • Are You Ok(external link) helpline operators can give you information about where to go if you are experiencing or witnessing family violence, or want to change your own behaviour.
  • 0800 456 450

A network (he kupenga) of community based organisations

Age Concern

  • Age Concern provides free and confidential Elder Abuse and Neglect Prevention Services to older people and their carers throughout Aotearoa, New Zealand, as well as advocacy and support.
  • Elder Abuse and Neglect(external link)

The Ministry of Health

Lifeline

OutLine

  • OutLine (external link)has a rainbow support line from 6pm-9pm every evening. It’s free, confidential & all ages. They also provide specialist rainbow counselling and an Auckland based trans peer support service.
  • 0800 688 5463

Gender Minorities Aotearoa

Youthline

RainbowYOUTH

  • RainbowYOUTH(external link) have rainbow support workers who work with young people, their whānau and their wider communities to provide safe and respectful support.

Healthline

  • Healthline(external link) is staffed by experienced registered nurses who can provide health information and advice on care. They can also provide information on health services in New Zealand.
  • 0800 611 116

Samaritans

The Depression Helpline

Neighbourhood Support 

The Mental Health Foundation

Protection

If you feel unsafe, there are options available for you through the Court to help protect you from harm and remain safe.

If you're in, or have been in, a close personal relationship with a person being violent towards you, you can apply for a Protection Order A protection order means an offender Person convicted of a crime (before being found guilty, the person charged with the offence is called 'defendant'). View the full glossary can be arrested if they hurt, threaten or approach you or your children. You can apply for a protection order if you're in a domestic relationship with the offender. A judge can include a protection order in a sentence The consequences of the crime for the offender if they've pleaded or been found guilty. View the full glossary View the full glossary free of charge. To learn more about Protection Orders or to apply for one, you can visit:

It's a good idea to get a lawyer who knows about family law to help you apply for a protection order. If you're on a low income you might be able to get free Legal Aid. For more information on Legal Aid you can visit The Ministry of Justice website(external link)

A Restraining Order is similar to a Protection Order A protection order means an offender Person convicted of a crime (before being found guilty, the person charged with the offence is called 'defendant'). View the full glossary can be arrested if they hurt, threaten or approach you or your children. You can apply for a protection order if you're in a domestic relationship with the offender. A judge can include a protection order in a sentence The consequences of the crime for the offender if they've pleaded or been found guilty. View the full glossary View the full glossary , but it’s applied to people who you are not in a close relationship with, such as someone like a neighbour.

For more information on getting a Restraining Order as well as the forms and advice on how to get a lawyer to help you with these forms, visit the Ministry of Justice website(external link)

A non-contact order Stops an offender Person convicted of a crime (before being found guilty, the person charged with the offence is called 'defendant'). View the full glossary who was sent to prison, for more than two years, from contacting you in any way. The Judge can impose certain conditions such as not living, visiting or working in particular areas. View the full glossary stops an offender from contacting you in any way. Orders may stop an offender from living or working in particular areas or visiting those areas. To learn more about non-contact orders, visit

The Strengthening Safety Service provides free, confidential and immediate assistance to victims of family violence. The service is available for people 17 years and over who have a family violence matter before the court.

If you want help staying safe, the court will refer you to a safety services provider (this might be a provider you are already connected with).

The service provider will try and contact you within one working day by phone to help you deal with immediate safety issues and work out how you and your children can be protected from further harm.

The Strengthening Safety Service recognises that people who are waiting for a Protection Order A protection order means an offender Person convicted of a crime (before being found guilty, the person charged with the offence is called 'defendant'). View the full glossary can be arrested if they hurt, threaten or approach you or your children. You can apply for a protection order if you're in a domestic relationship with the offender. A judge can include a protection order in a sentence The consequences of the crime for the offender if they've pleaded or been found guilty. View the full glossary View the full glossary to be made, and victims of family violence in the criminal courts, can be at their most vulnerable when proceedings first begin. 

More information about family violence safety services:

There are many ways for people to monitor your computer use and find out information about you. But there are also some simple things you can do to increase your safety and privacy when you're using the internet.

Online safety and security tips

  • Google yourself - See if your private contact information can be found online. Go to Google, enter your name and hit enter. Do the same on Google images.
  • Secure your computer - Install and regularly update anti-spyware and anti-virus software. Activate your firewall and secure your wireless (Wi-Fi) network.
  • Use a safer computer - Try and use a safer computer (one at a public library, community centre) when looking for help, a new place to live etc.
  • Consider opening a private email address on a safe computer.
  • Change passwords and pin numbers - Change passwords for any protected accounts, have different passwords for different accounts, strengthen password security by combining numbers, letters and special characters, always log off after use.
  • Mobile phones and apps - Mobile phones and some apps can track your exact location in real time. Turn off any location-based features, including tagging, GPS and Bluetooth. 
  • Facebook - Update your privacy settings, limit what you share, do not post updates/photos that include location-based information.
  • Tell your kids - Tell your children not to post any identifying information online, turn off any location-based services on their mobile phones, set younger teens’ social media profiles to private. Ultimately, trust your instincts. If you suspect the abusive person knows too much, it is possible that your phone, computer, email or other activities are being monitored.
  • Clear your browsing history - Every time you visit a web page your internet browser stores files related to your browsing session. If someone gets access to your browser after an online session, they can easily see what you have been looking at online.
  • Netsafe has published a guide for staying safe online which can be viewed on their website: Netsafe - Staying safe online(external link)

While you can clear your browser history through your computer's settings, it's impossible to delete or clear all the 'footprints' of your computer or online activities.

It's also important to remember that if someone is monitoring your online activity it might be dangerous to clear your browser history if that is something that you don't normally do. In this case, it might be safer to delete only the pages you don't want anyone seeing.

Financial Support

The physical and mental impact of a crime can be long lasting and getting support can be expensive. There are options available to victims to help cover some of these costs.

If you're a victim of a serious crime A crime of a sexual nature or other sexual assault, a crime that resulted in serious injury or death or that led the victim to have ongoing fears for their safety or the safety of one or more of their immediate whānau. View the full glossary , Victim Support may be able to provide financial assistance to cover some of the costs related to the crime, the justice process, and your recovery. 

You can find out more information about financial assistance through Victim Support here: Victim Support(external link)

If you suffer an injury as a result of a crime, ACC may be able to help pay some of your costs.

ACC also covers:

  • injuries caused by medical treatment
  • injuries that develop gradually, because of work
  • mental injuries resulting from sexual assault Sexual Assault is a broad term used to cover all types of sexual offending, including rape. View the full glossary or abuse.

You can call the ACC claim information phoneline to find out more: 0800 101 996

Who can apply?

ACC is a ‘no fault’ scheme. This means you can apply for help whether your injury was caused by:

  • something you did (as long as you didn’t intentionally injure yourself), or
  • someone else’s action.

Everyone in New Zealand can apply, regardless of:

  • how old you are, or whether you’re working, retired, a student, etc.
  • whether you’re a New Zealand resident or you’re just visiting (if you’re a New Zealander on a short trip overseas you may also be covered).

What can ACC pay for?

ACC helps pay for treatment and may also be able to fund and arrange other types of assistance to help you recover.

ACC may be able to help with:

  • treatment costs
  • managing at home
  • your work situation
  • getting to and from the places you need to be
  • serious injury
  • financial support after someone dies as a result of injury.

For more information about ACC you can visit or call:

ACC information online(external link)
0800 101 996

If you're required to be a witness A person who tells the court about what they have seen, heard or experienced. View the full glossary in court, you may be able to claim expenses to cover some of the costs of attending court to give evidence. Speak to the officer in charge about how to claim these expenses.

If some of your personal belongings are broken or stolen because of a crime, your household insurance may cover some of the loss.

Contact your insurance company and the police as soon as possible (preferably the same day) after the crime. Tell them what happened. The insurance company may need details of where and when you reported the crime to the police.

If you took too long to report the crime to the police, the insurance company may refuse to pay you.

If an offender Person convicted of a crime (before being found guilty, the person charged with the offence is called 'defendant'). View the full glossary is injured while they are in prison, they may be awarded compensation from the government. This money will be held in the Victims’ Claims Trust account.

If the person who offended against you gets a payment you may be able to make a compensation claim for the pain and suffering the offender caused you.

Contact the Victims’ Special Claims Tribunal on (04) 462 6660 īmēra rānei ki tribunals@justice.govt.nz for more information. 

Find out if the offender has received compensation

The Secretary of the Victims’ Special Claims Tribunal will notify the offender’s victims that the offender has received compensation (this is called the Notice of Payment) and send them information and forms to make a claim.

The Secretary will also publish a notice in the New Zealand Gazette, on the Ministry of Justice website, and in the daily newspapers in Auckland, Hamilton, Wellington, Christchurch and Dunedin. The notice will include the offender’s name, the amount available in the trust account, and the due date by which victims must file their claims.

Claims are not limited to the amount in the trust account.

Claim compensation from the offender

If you want to make a claim for compensation you must complete a claim form and send it to the Victims’ Special Claims Tribunal before the deadline specified in the Notice of Payment.

Forms and guides for the Victims' Special Claims Tribunal are available on the Ministry of Justice's website(external link)

You usually have six months to make your claim and it is free to make a claim.

You will need to give the Tribunal information about the injury, harm, loss or damage you suffered because of the offence and attach certified copies of medical reports, valuations, receipts or other documents to support your claim.

You can get help with your claim from a support person or a lawyer. If you need legal assistance you may be entitled to legal aid.

You can find out more information on whether you are eligible for Legal Aid by visiting or calling:

How does the Tribunal determine a claim?

The Tribunal usually determines claims based on written submissions but sometimes it will have a hearing to hear from the claimant (the victim) and the respondent (the offender Person convicted of a crime (before being found guilty, the person charged with the offence is called 'defendant'). View the full glossary ).

The Tribunal will give a copy of your claim to the offender so they can respond to it, but your address and contact details will be removed.

The Tribunal will consider any payments you have received because of the offence, like ACC or insurance payments, when determining how much compensation to award you.

You can find out more information about victims’ claims compensation here:

Victims' Special Claims Tribunal website(external link)

Dealing with the Media

Some crimes (especially homicide When a person is killed by another person. View the full glossary cases or crimes involving high profile people) attract media attention. It's your choice whether you want to speak to the media.

  • nominate someone you trust to speak on behalf of the family
  • use an answer phone or caller ID to filter calls
  • decide with whānau and friends what information you want to share, including on social media such as Facebook, Instagram, Twitter, as the media will use this information
  • discuss with your officer in charge what photos you want to give to the media
  • remember that any footage of photos/videos that you allow the media to use can be used in the future
  • when possible, ask police to notify you of media releases they are making before they release them to the media
  • ask the reporter for any questions in advance and ask if you are being recorded
  • you do not have to answer any question you do not wish to answer, you can request a correction if a report is inaccurate and set conditions to protect your privacy or safety
  • if you choose not to speak to the media, you can simply say ‘no comment’
  • be aware of any incorrect information given by friends or other people
  • remember there is no such thing as ‘off the record’ – the media will use anything you say at any time.
  • You can download these guidelines from Victim Support's website

The police do not release the name of a deceased person without the consent Giving permission for something to happen. A person doesn't have to verbally say 'no' or fight back to show that they haven't consented. View the full glossary of the next of kin. However, the media may find other ways of identifying someone, for example, speaking to people who were at the scene or viewing a death notice.

Most courts and court cases are open to the media and the public.

The media sometimes access court documents through the courts and report on what is in them. Court documents include such things as the factsheet / summary of charges, parties’ names and transcripts of what is said in court.

Victims of sexual violence and children are protected from being identified by the media. In some other cases, the prosecutor The lawyer who presents the case against the person accused of a crime. View the full glossary may ask the court to prevent identification of other witnesses who are vulnerable. However, the media can still report on the nature and details of the case.

Media reports can often take people by surprise when they were not expecting it or did not know the things the report contains.

If you have any concerns or questions about the media, contact the police officer in charge Your main contact person with the police for your case. View the full glossary of your case or:

If you want to make a complaint about something reported in the media, you should first complain to the editor of the relevant publication. If the complaint is not resolved by the editor, you can make a complaint to The New Zealand Press Council.(external link)

Legal Assistance

If you're a victim of a crime you don't need to have a lawyer. But if you're unsure of your legal rights or need help with other things – like family law matters – because of the crime, you may want to talk to a lawyer.

Below is a list of where you can get legal assistance.

Community Law

  • Community Law have 24 sites across Aotearoa and provide free legal advice on a broad range of legal issues to low-income and vulnerable New Zealanders.
  • Community Law Centres(external link)

Citizens Advice Bureau

YouthLaw

Disability Law

The New Zealand Law Society

The Family Lawyers

Christchurch Mosque Attack

This section contains information for the victims, families and those affected by the attacks on the two Christchurch Mosques on 15 March 2019.

If you or someone you know is struggling, help is available.

Your wellbeing is important and coming to court in person or viewing the sentencing This is when the Judge decides what happens to the offender Person convicted of a crime (before being found guilty, the person charged with the offence is called 'defendant'). View the full glossary if they've pleaded or been found guilty. View the full glossary may trigger Something (a place, sound, smell or something else) that causes distress by bringing back feelings of a traumatic experience. View the full glossary memories and emotions that are distressing. 

If you or someone you know is struggling, the information and resources below provide help, support and practical ideas for you to think about before and during sentencing.

This information may be helpful for you even if you feel you were not as directly affected as other people.

If you need emotional support, let your Court Victim Advisor(external link) or Victim Support person know. They can help connect you to the supports that are right for you.

Wellbeing for yourself and your family

Here are some helpful resources to use when thinking about your own personal wellbeing:

You can also make an appointment with your GP. They can provide support or refer you to local community services.

We also have a list of nationwide support services: You Can Get Support

Wellbeing with the media

Under New Zealand law the media are the public’s eyes and ears so New Zealanders can see the law being applied fairly and impartially. Open justice is an important part of New Zealand’s justice system. All court proceedings are open to the media (except if there is a risk to New Zealand’s security or defence).

The attacks and the court have attracted media attention from around the world. You may be approached by the media when coming to the sentencing This is when the Judge decides what happens to the offender Person convicted of a crime (before being found guilty, the person charged with the offence is called 'defendant'). View the full glossary if they've pleaded or been found guilty. View the full glossary .

Our Dealing with the Media section offers tips and information for victims.

We also have information around coping with media attention after a homicide(external link), which may help you know what to expect from the media for the Christchurch attacks.

If you have any concerns around the media, please speak to your Court Victim Advisor A Ministry of Justice staff member who can explain the court process and keep victims informed on the progress of their case. View the full glossary , Victim Support worker or Police Family Liaison Officer.

It’s important to think about the media in terms of your wellbeing too, and the wellbeing of your family. You might need to consider taking a break from social media for a while, or think about younger family members being around when you watch the news.

This section includes information and frequently asked questions about the sentencing This is when the Judge decides what happens to the offender Person convicted of a crime (before being found guilty, the person charged with the offence is called 'defendant'). View the full glossary if they've pleaded or been found guilty. View the full glossary , court orientation visits, victim impact statements, and the court process. You can find a list of translated resources on your rights on our website: Translated Publications

Resources