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Armed Forces Discipline Act 1971

Victims’ rights - Right to receive notice of certain matters and to appoint representative

198E: Right to receive notice of certain matters and to appoint representative

You could also call this:

"Getting notices and choosing a helper when you're a victim of a crime"

Illustration for Armed Forces Discipline Act 1971

You have the right to get notice of certain things if you are a victim of a specified offence. The victim support officer must tell you about this right and that you can appoint a representative to get notices for you. You can find more information about these notices in sections 198J to 198N. You need to ask the Director to make sure you get these notices, and you must give the Director your address or your representative's name and address. The Director will give your name and address to the Judge Advocate General so you can get notices under section 20 of the Prisoners’ and Victims’ Claims Act 2005. Your name and address may also be given to the department responsible for the Immigration Act 2009 if section 198N applies. If you are not able to ask for or understand these notices, the Director must tell a support person that you can appoint a representative. The Director can give your name and address to the Judge Advocate General or the department responsible for the Immigration Act 2009. This is so you can get the notices you are entitled to under sections 198J to 198N.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS147608.

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Topics:
Crime and justice > Victim support
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198D: Victim’s views about release on bail of accused or offender, or

"Telling the judge what you think about the accused being let out on bail"

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198F: Change of address of victim or representative, or

"Notifying a change of address for a victim or their representative"

Part 10AVictims’ rights
Right to receive notice of certain matters and to appoint representative

198ERight to receive notice of certain matters and to appoint representative

  1. A victim of a specified offence has a right to receive notice of the matters described in sections 198J to 198N.

  2. The victim support officer must inform a victim who is a victim of a specified offence—

  3. that the victim has the right to receive any notice under sections 198J to 198N (and to appoint a representative to receive notices on behalf of the victim); and
    1. that, if the victim wants to receive the notices, the victim (or, if a representative is appointed, the victim’s representative) must request the Director to ensure that the victim is given notice under sections 198J to 198N, and—
      1. the victim must give the Director the victim’s address; or
        1. if a representative is appointed to receive the notices, the victim or the victim’s representative must give the Director the representative’s name and address; and
        2. that the name and address of the victim (or, if a representative is appointed, the name and address of the victim’s representative)—
          1. will be provided to the Judge Advocate General to ensure that the victim receives any notice given under section 20 of the Prisoners’ and Victims’ Claims Act 2005; and
            1. may, if section 198N applies, be provided to the department of State that is, with the authority of the Prime Minister, for the time being responsible for the administration of the Immigration Act 2009, to enable the victim to receive any notice under that section.

            2. The Director may provide the name and address of the victim or the victim’s representative to—

            3. the Judge Advocate General for the purpose described in subsection (2)(c)(i):
              1. the department described in subsection (2)(c)(ii) for the purpose described in that subsection.

                1. Subsection (5) applies if the Director knows, or ought reasonably to know, that the victim is not, or may not be, capable alone of either—

                2. asking for, receiving, or understanding a notice under any of sections 198J to 198N; or
                  1. appointing a representative.

                    1. If this subsection applies, the Director must inform a support person of the victim that a representative of the victim may be appointed.

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                    Notes
                    • Section 198E: inserted, on , by section 21 of the Military Justice Legislation Amendment Act 2018 (2018 No 36).