Despite progress, in the 2010s many issues remained unresolved.
Community-based responses – funding issues
Voluntary Victim Support groups were set up in different parts of New Zealand in the 1980s and in 1993 a National Office for Victim Support Groups was established. A 0800 Victim crisis line was set up in 1997 and by 2004 a national structure was set up to manage the employment of staff and the delivery of national and local programmes of victim support.
Police rely on victim support groups to provide crisis services. Groups such as Women’s Refuge and Rape Crisis also work to ensure the safety of victims and prevent further offending. However many groups, such as Victim Support/Manaaki Tāngata, receive only partial government funding, and must depend on donations and sponsorship.
In 2016 Victim Support had 120 paid and over 600 volunteer staff in over 60 locations around New Zealand. It relies on donations, fundraising events and support from the NZ Police and the Ministry of Justice.
Information for victims of crime
A Victims Charter 2007 set out the standard of service victims should receive from government agencies, and a Victims’ Rights Code describing what victims of crime can expect from government agencies and organisations was launched in 2015. The code includes the right to be informed, the right to make a victim impact statement, the right to express views on bail, and the right to make submissions relating to the parole plans for an offender. The activation of these principles in the operation of the justice system is subject to ongoing review.
A Victims Information Line, a Victims Centre within the Ministry of Justice and a Victims Information website were established in 2008. NZ Police has a Victim Notification Register that records contact details of victims and enables them to be kept informed about the person responsible for the crime. If the victim is under 17, their parents or guardians can also register as victims. Despite attempts to define victims’ rights and provide information for victims, many victims remain unaware of their rights and of the support services available.
Information about victims of crime
In 2015, Minister of Justice Amy Adams appointed Dr Kim McGregor as Chief Victims Advisor, to provide her with independent advice on victims’ experiences of the criminal justice system and on strategies for supporting victims of crime. She was not directly involved in providing services to victims of crime.
Addressing emotional and physical harm
Victims of serious crime, such as homicide, sexual assault or violent assault are eligible for grants from the Accident Compensation Corporation to meet costs arising from these crimes. Grants can cover the costs of burial, cremation and related services, as well as counselling sessions for victims, families, friends and witnesses of a violent crime. Grants are also available to attend High Court hearings, other court hearings, parole board or coronial hearings, or restorative justice meetings. Some discretionary cash grants are also available.
These grants are accessed through Victim Support, with whom victims of crime must register as clients before they can access them.
Financial disadvantage
Many victims never receive reparation – for instance, if an offender is not caught, or not convicted. Often an offender fails to pay, or pays slowly in small instalments, making it difficult for the victim to recover from the crime.
Aside from property losses as a result of the offence, victims may face other costs, such as travelling to attend court hearings. Victims of serious crimes sometimes have to give up work while recovering from physical or emotional trauma. These expenses are not fully covered by current support schemes.
In 2010 the Law Commission/Te Aka Matua o te Ture produced an extensive report on compensating crime victims. The report concluded that existing arrangements for compensation should be retained. However, it noted that many victims of crime are not compensated because the offenders are unknown or the known offenders have no resources to pay reparation. The Law Commission suggested improvements in current systems for enforcing orders for compensation.
Reparation arrears
In 2001 offenders avoided paying $38.5 million in court-ordered reparation. In 2005 the sum owed to victims but not paid was $59.2 million, and in 2009 it was $78.1 million. It had grown to $97 million by 2013.
Questioning the justice system
The justice system has been modified to take victims into account. Defendants in sex-offence and family-violence trials are no longer allowed to cross-examine the complainant, and vulnerable witnesses can be screened from the defendant when giving evidence. However, many victims still find the court process harrowing.
Restorative justice processes have been used more frequently, particularly in the youth justice system, and there is some evidence of reduced reoffending by offenders aged 17–19 when restorative practices are used. Restorative justice includes offenders hearing directly from victims of crime about the impacts of their actions and being required to respond to these statements.
Despite innovation, the justice system has been criticised for failing to respond in culturally appropriate ways to Māori crime victims. Restorative justice has also been criticised. There are often insufficient resources for proper facilitation of meetings. The process works only if the offender accepts guilt, and if both parties agree to take part. Its use for sexual and family violence crimes has been seen as unhelpful for victims.
Parallel justice
The current justice system helps only some victims, as it is based on the offender being tried and convicted. Many crime victims do not report the crime, and many offenders are not caught.
Victims Support advocates ‘parallel justice’ as a way of meeting victims’ needs. This process does not depend on the arrest and prosecution of an offender, and would provide adequate counselling support, compensation and practical assistance for all victims. This approach to justice focuses on the victim’s safety, immediate support, and gives them an opportunity to explain the incident and its effect on them. Through parallel justice victims access resources, support, and financial assistance and receive public recognition that a crime has occurred, regardless of whether an offender is arrested or convicted.