Oranga Tamariki Act 1989

2B: Meaning of victim

You could also call this:

"A victim is someone who is hurt by something a child or young person does, or someone who cares about them."

Illustration for Oranga Tamariki Act 1989

In the Oranga Tamariki Act 1989, a victim is someone who is hurt by something a child or young person does. You are a victim if someone does something wrong to you, like commits a crime. You can also be a victim if someone you care about is hurt by a child or young person, like a parent or family member. The law says who is a victim and who is not. If a child or young person does something wrong, you are not a victim if you also did something wrong. Some words in this law have special meanings, like "immediate family" and "incapable", which are explained in the Victims' Rights Act 2002.

This text is automatically generated. It might be out of date or be missing some parts. Find out more about how we do this.

This page was last updated on

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM6361801.


Previous

2A: Transitional, savings, and related provisions, or

"Special rules for when the law changed"


Next

3: Act to bind the Crown, or

"The government must follow this law too"

2BMeaning of victim

  1. In this Act, victim means—

  2. a person against whom an offence is committed by a child or young person:
    1. a person who, through, or by means of, an offence committed by a child or young person, suffers physical injury or loss of, or damage to, property:
      1. a parent or guardian of a child or young person who is a victim within the meaning of paragraph (a) or (b), unless that parent or guardian is—
        1. the child or young person charged with the commission of the offence concerned:
          1. the child or young person against whom a charge in respect of the offence has been proved before the Youth Court:
          2. a member of the immediate family of a person who, as a result of an offence committed by a child or young person, dies or is incapable, unless that member is—
            1. the child or young person charged with the commission of the offence concerned:
              1. the child or young person against whom a charge in respect of the offence has been proved before the Youth Court.
              2. If an offence is committed by a child or young person then, despite subsection (1), victim does not include—

              3. any other person against whom (whether as a principal or party or accessory after the fact or otherwise)—
                1. that offence is proved before the Youth Court; or
                  1. an offence relating to the same incident or series of incidents as that offence is proved before the Youth Court; or
                  2. any other person who (whether as principal or party or accessory after the fact or otherwise)—
                    1. is charged with the commission of, or convicted or found guilty of, that offence; or
                      1. is charged with the commission of, or convicted or found guilty of, an offence relating to the same incident or series of incidents as that offence.
                      2. For the purposes of the definition of victim in subsection (1),—

                        immediate family and incapable have the meanings given in section 4 of the Victims' Rights Act 2002

                          offence includes an alleged offence.

                          Notes
                          • Section 2B: inserted, on , by section 5 of the Children, Young Persons, and Their Families Amendment Act 2014 (2014 No 36).
                          • Section 2B(1)(c)(ii): amended, on , by section 261 of the District Court Act 2016 (2016 No 49).
                          • Section 2B(1)(d)(ii): amended, on , by section 261 of the District Court Act 2016 (2016 No 49).
                          • Section 2B(2)(a)(i): amended, on , by section 261 of the District Court Act 2016 (2016 No 49).
                          • Section 2B(2)(a)(ii): amended, on , by section 261 of the District Court Act 2016 (2016 No 49).