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Intellectual Disability (Compulsory Care and Rehabilitation) Act 2003

Status and rights of care recipients - Requirement to stay in designated facilities or places - Leave for special care recipients

67D: Right of victims to make submissions on proposed leave

You could also call this:

"Victims have the right to tell officials their concerns about an offender's leave."

Illustration for Intellectual Disability (Compulsory Care and Rehabilitation) Act 2003

If you are a victim, you have the right to tell the Director-General what you think about a special care recipient getting leave. You can write to the Director-General and make submissions or give information that is relevant to the decision. Your submissions can talk about any concerns you have about the special care recipient being a risk to your physical safety or security, or to the physical safety or security of your immediate family.

You can also give any other information you think is relevant to the decision about whether to give the special care recipient leave under section 66(1) or 67(1). You must send your submissions to the Director-General by the date they specify. The Director-General has to consider any written submissions you make.

When the law talks about your immediate family, it means the same thing as in section 4 of the Victims' Rights Act 2002. The Director-General also has to consider submissions made under section 67E. You should send your submissions to the Director-General on time so they can be considered.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS802709.

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67C: When victims must be notified of impending decision under section 67, or

"Telling victims when a decision is made to release someone from a secure facility"

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67E: Submissions from certain victims, or

"Victims of crime can have a say in decisions about a person's leave from special care"

Part 5Status and rights of care recipients
Requirement to stay in designated facilities or places: Leave for special care recipients

67DRight of victims to make submissions on proposed leave

  1. This section applies to a person notified under section 67B or 67C.

  2. The person may write to the Director-General, making submissions on, or giving information relevant to, the decision of whether to authorise leave under section 66(1) or 67(1).

  3. The person’s submissions may address—

  4. any concerns that the person has, on reasonable grounds, about any risk that the special care recipient presents to—
    1. the person’s physical safety or security; or
      1. the physical safety or security of 1 or more members of the person’s immediate family; and
      2. any other information that the person considers relevant to the decision of whether to authorise leave under section 66(1) or 67(1).

        1. The person must send the submissions to the Director-General by the date specified by the Director-General.

        2. The Director-General must have regard to any written submissions made by a victim under this section or section 67E.

        3. In this section, immediate family has the same meaning as in section 4 of the Victims’ Rights Act 2002.

        Notes
        • Section 67D: inserted, on , by section 25 of the Rights for Victims of Insane Offenders Act 2021 (2021 No 55).