Victim Support
Free, nationwide support for people affected by crime, suicide and traumatic events.
We are here for you, 24/7.
Victims may go into court to be a witness, to support someone, or to observe what’s happening in their case. The court process can be complicated, with a lot of legal phrases and procedures involved. Some criminal cases are long and difficult, with unpredictable delays that can be hard to understand.
It's helpful to know what might happen and when, how you can participate, and where you can get support.
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Victims may go into court to be a witness, to support someone, or to observe what’s happening in their case. Many victims find it worthwhile participating in the court or criminal justice process and it helps to be prepared for what to expect.
The main thing victims may notice is that court dates and the actual proceedings revolve around the defendant, not the victim. This is because the defendant is being charged with breaking a state law. The two official parties in the justice process are therefore the state (represented by the Crown/Police Prosecutor) and the defendant. It also helps to remember that in court the defendant is considered innocent until proven guilty.
It can be stressful reliving an already traumatic experience in court and to hear the defendant present information which may not reflect events as you experienced them.
That’s why it is important to have good support in place.
The court is kept safe and secure, so you will probably be asked first to go through court security. When you get inside the court building, the court staff can explain where to go. All court staff, lawyers, and the police know to treat victims with respect and consideration. Your safety needs are a priority.
If you have concerns about seeing the defendant, or their family or whānau, speak with your Court Victim Advisor about how and when you might see them. Knowing what to expect can help you cope. You could also ask them if there is an option to view the proceedings via audio-visual link in a private space. Some courts have a whānau room where you can talk privately, away from the defendant.
A courtroom is quite a formal place. You’re not allowed to eat or drink there, wear a hat or sunglasses, talk during evidence, disturb others, swear, take notes, recordings or images, or use your mobile phone.
Whenever the judge comes into the court, or leaves it, everyone must stand up. In most courts people call the judge ‘Your Honour’ or ‘judge’.
Criminal cases can either be heard by a judge alone or by a judge and jury.
A jury trial is heard by a judge and jury, which is a group of 12 people from the community. The jury’s role is to listen to the evidence provided in the court and to give a verdict on the basis of that evidence. The verdict states if they believe the defendant to be guilty or innocent of the crime(s).
A judge-alone trial is only heard by a judge and only the judge decides on the defendant’s guilt or innocence.
The approach used will depend on the category of the criminal offence. The defendant can also request which type of hearing they would like for their case, if they choose to, but the final decision is made by the judge.
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The judge or judicial officer leads proceedings, determining guilt (unless there is a jury) and sentencing of the defendant if found guilty.
The court registrar assists the judge by managing procedures and calling witnesses.
A jury is a group of 12 randomly chosen community members who decide guilt based on facts and law. The judge can give the jury guidance about the law and may make legal decisions about aspects of the case, such as what items can be accepted into evidence or not.
The defendant or accused is the person charged with a crime. They must defend themselves by either representing themselves or having a lawyer do this for them.
The defence is a lawyer representing the defendant. There can sometimes be several defence lawyers representing them.
The prosecutor is the lawyer who represents the Crown (the state) in criminal cases. Their job is to present the case against the defendant.
The police officer in charge of your case will support you during the court process, working with the prosecutor to prepare the case, keeping you informed, and answering your questions.
Witnesses give evidence in a case and answer questions from both the prosecutor and the defence lawyers. Sometimes they will have been victims of the crime the defendant is being accused of.
Witness’s support people offer emotional support in court with the judge's permission, often a friend, family or whānau member.
Victim Support Workers can sit with a victim, their family or whānau and provide practical information and ongoing support.
The prisoner’s escort is a prison, police, or other authorised officer who accompanies the defendant and maintains security around them in the courtroom.
Court security officers are responsible for the safety of all the people in the courtroom, and court buildings, except the defendant. You will also see them when you arrive at the court while you go through security.
A Court Victim Advisor is based at the court to provide assistance and key information to victims (including in the Youth Court) throughout the court process. They are your main point of contact with the court and help with your practical questions about the hearings, arranging financial assistance, and keeping you informed about upcoming hearing details and processes. While respectful and sensitive, they must remain neutral and cannot take on the role of an emotional support person.
An interpreter aids by translating languages or sign language for those involved in the case.
The transcriber is a court staff member who records and transcribes all proceedings in the hearing.
Members of the public can observe court cases from the public gallery as Aotearoa New Zealand has an open justice system. The judge can close the courtroom in certain situations.
Members of the media can attend most cases, but the judge can limit their presence or reporting in specific situations.
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The defendant can plead guilty, meaning they admit to committing the offence they are being charged with, or the defendant can plead not guilty, meaning they are saying that they did not commit the offence they have been charged with and intend to defend the charge.
Where multiple charges have been laid against the defendant, they can plead guilty to some charges and not guilty to others.
There are different hearings that take place:
The case will go straight to a sentencing hearing without a trial being held.
The case will go to trial.
The defendant or their defence lawyer and the prosecutor must then jointly file a case management memorandum, which tells the court all the details that relate to the case, and what the issues will be at the trial.
A case review hearing, typically led by a court registrar, occurs within 30 days of a not guilty plea to decide if a full trial is needed.
For trials with a judge-only, the case is adjourned until the trial date.
If it's a jury trial, they wait for a trial callover, where the judge deals with procedural issues and to make sure the case is ready to proceed to trial. It's like a final check to make sure everything's ready. Once everything is ready, a trial date is set.
Victims don’t usually need to attend the case review hearing or trial callover. The prosecutor or Court Victim Advisor will tell you if you do, or you can tell them if you want to attend.
A criminal trial can often be long, running for several weeks. If you've been called as a witness, you'll need to attend the trial to give your evidence.
When the trial ends, the judge or the jury, depending on the type of trial, must decide if the defendant is guilty or not guilty. If the jury cannot reach a decision (a hung jury), another trial will need to be held.
If the defendant is found guilty, they will need to appear at the sentencing hearing. The judge will consider any Victim Impact Statements and formal reports on the victim and the sentences given in other similar cases.
If the defendant is found not guilty, they are free to leave the court. A not-guilty verdict means there wasn't sufficient evidence to prove they committed the crime. This verdict can be very disappointing for victims and it’s encouraged to seek some support to deal with the after effects.
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A Victim Impact Statement is your opportunity to tell the court and the offender how the crime has personally affected you as a victim - emotionally, physically, financially, socially and psychologically, and in your daily life. This is a different statement to the one you gave to police after the crime occurred.
A Victim Impact Statement helps the court understand your views about the offending and the information you provide, if you decide to make a statement, will be considered by the judge when the offender is being sentenced.
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As a victim of serious crime, you might be called to be a witness at the defendant’s trial and tell the court what happened at the time of the crime.
You will get a letter called a summons with trial details such as when and where it will be held. Sometimes the trial date can be changed, so check with the police officer in charge of the case ahead of time that it’s still on the same date as you have been told.
Witnesses can be paid for some of the costs of attending court to give evidence, such as travel costs or accommodation. The police officer in charge of your case, your Court Victim Advisor, or Support Worker can explain how to claim these expenses.
The police officer in charge of the case or Court Victim Advisor will talk to you about what you need to do as a witness.
Before the case happens, ask the officer in charge or your Court Victim Advisor if you:
Spend some time remembering details of the crime such as:
Remember that your safety is always taken into account. There is usually a separate waiting area for witnesses but If you feel concerned about your safety at court at any time, you can talk to a Court Security Officer, police officer, Court Victim Advisor, or Support Worker.
Arrive at the courtroom in good time to clear security, head to the waiting area, and to have some time to gather your thoughts.
A court officer will call your name and then take you into the courtroom. If you have a support person, they will go with you. You can’t enter the courtroom before this, so you don’t hear other witnesses giving their evidence.
You'll be guided to your seat and asked to promise to tell the truth in front of the court. You can choose a religious promise (oath) or a non-religious one (affirmation). The court's registrar will arrange this for you.
After you have given evidence, you will be told when you can leave by the judge. If you want to, you can stay in the courtroom.
As a witness you will be asked questions by the defence lawyer, the prosecutor, and sometimes the judge, about what happened at the time of the crime, or anything you know about it. You don’t need a lawyer yourself, you will just need to answer the questions as best you can.
The prosecutor will ask you to give evidence first, then the defence lawyer asks questions, which is called a cross-examination. If the prosecutor asks you more questions after that, it is called a re-examination.
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Most court hearings in Aotearoa New Zealand are public and can be viewed by members of the public and reported on by the media.
However, the court can help to protect your privacy in several ways:
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Going to court as a witness or observing as a victim can be a difficult and demanding time. Support from loved ones can make a positive difference to the experience.
Child or young witnesses go to court as a witness if the judge or jury needs to hear from them about what happened. They are given special support and protection and there are legal responsibilities to protect their privacy.
Coming face-to-face with the defendant in a courtroom can be a very distressing experience for children and complicated court proceedings can make them feel stressed and anxious. Quite often they may be questioned like adults, leaving them uncertain about what to say and how to say it in this unfamiliar environment.
Court Education for Young Witnesses is a programme offered by Court Victim Advisors to young witnesses in adult courts. It also includes the young person’s caregiver and support people.
The goal is to familarise the court to the young witness and explain court proceedings, seating arrangements, and roles to them. You can even arrange a visit to the courtroom to get familiarised with it in advance.
If you request this program from your Court Victim Advisor, they will contact you approximately 3 weeks before the court case. You can contact the Victim Information Line on 0800 650 654 or make an online enquiry to find out more.
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If you or anyone else is in immediate danger, call emergency services on 111.
You may qualify for financial assistance under the Victim Assistance Scheme (VAS) which helps victims of serious crime by contributing to costs related to the crime, the justice process and recovery.
For more information you can contact your Support Worker, call us directly on 0800 842 846 or visit our Financial assistance page.
Visit our Financial assistance page to learn more.
The justice system can be complicated. Court cases can take some time and the experience can be unfamiliar and overwhelming. You don’t have to go through this alone. Your Victim Support Worker can help you throughout the court process, after any sentencing, answer questions you may have, and be there for you if you want someone to talk to and someone to help you cope through the experience.
We can support you with:
You can call us directly 24/7 on 0800 842 846 or visit our ‘How we can help’ page to find out more about who we are, how we can help you, and how to access our support.
If you or others have been injured, see a doctor, go to a hospital emergency department or call an ambulance on 111 regardless of whether you decide to report the incident or not.
A professional medical assessment can help your recovery and ensure physical safety.
Depending on the incident, consider having the doctor prepare a medical report that can be shared with police, if you are comfortable doing that.
After what’s happened the media may want to get comments or interview you, your family, whānau, close friends or any witnesses. Media can sometimes feel demanding and intrusive during stressful times but it’s your decision if you want to speak to them or not and what you feel comfortable sharing.
These situations can seem very unjust and unfair and can cause both grief and trauma. There is an overlap between these two reactions but there are also some differences. Grief is a normal reaction to loss, featuring a range of responses that stem from sadness. Trauma is a normal reaction to an abnormal event, featuring a range of responses that stem from fear and anxiety.
To help them cope through what’s happened, provide a safe and supportive space for children and young people to process their thoughts in their own way and reassure them it’s not their fault.
Family, whānau and friends can suddenly be called on to help someone who is a victim, witness, or has been bereaved by a crime or a traumatic event. Your caring support can help the person feel more able to cope and begin to recover. Sometimes it’s hard to know what to do or say and you may be feeling stressed by their situation as well. Being there to listen and taking care of yourself along the way helps.
Any sudden death that is unexpected, violent or suspicious will be investigated by a coroner. Coroners are responsible for determining the details surrounding the death, including how, where, when, and why it occurred. This information is important in listing the cause of death on the official death certificate. It is a complex process that can vary according to the different circumstances of the death but is handled carefully and respectfully by those involved.
For many, a ceremonial blessing of the site where a person has died is an essential part of processing the loss. It is an acknowledgement of the spiritual impact of the tragedy on so many people. It commends the spirit of the person who has died and respects and honours the dignity of the deceased person, their family, whānau, and community.
A blessing usually includes a karakia. For Māori, a it can include a clearing of the tapu on the site. Other cultural and faith groups have their own unique approaches to blessing ceremonies.
Some family or whānau members may choose to visit the scene and be part of a blessing ceremony, and others may not. They may prefer to hold a private blessing or open it to whomever would like to come, including from the community.
If you are an immediate family or whānau member wishing to organise a blessing for the site, you could contact your local marae, church or faith centre, cultural leader, the police officer who has been working with the family or whānau, a Police Iwi Liaison Officer, or speak to a Support Worker.
If you don't personally know the family or whānau but witnessed or discovered the death, you can speak to a Support Worker if you'd like to attend a blessing, provided it is open to the public.
Immediate family or whānau members have the option to request viewing and spending time with the deceased person's body at the mortuary, before any post mortem is conducted.
All viewings must be authorised by the office of the duty coroner, as the body remains the responsibility of the coroner until it is released to the immediate family or whānau.
Some hospitals have a family or whānau room for viewing, usually with a screen or window between them and their loved one. The family won’t be able to touch the body or remove items from the body. Certain hospitals may also have dedicated family or whānau rooms where sitting with the body is permitted until its release.
Unfortunately, there are cases where viewing is not possible, particularly when the person has sustained severe injuries. This will be explained to you if this happens.
If you wish, you can also talk to a funeral director of your choice about any other options there are for sitting with or viewing your loved one’s body after it has been released from the mortuary, or about following any specific cultural traditions you need respected at this time.
If you and your family and whānau decide to view the body at any stage, it can help to know that your loved one’s appearance will have changed, including their facial features and skin colour, which is normal after a death but can understandably be unsettling for some people.
Advice and information is available from Aotearoa New Zealand embassies in the country concerned and the Ministry of Foreign Affairs and Trade (MFAT) can help. They can liaise with New Zealand Police and the country the person died in about the local investigation and justice process.
Official processes required in the country the person died in.
Available local burial or cremation options and any requirements that must be met.
Contact details for funeral directors in that country who could manage the funeral or tangihanga.
How you can bring back the person’s body or ashes (repatriation) to Aotearoa New Zealand.
The immediate family or whānau can ask a funeral director in Aotearoa New Zealand about the options they have for arranging for their loved one's body or ashes to be repatriated (brought back to New Zealand).
If you live overseas but the death of someone close to you has happened in Aotearoa New Zealand, the bereaved family or whānau are able to access some assistance here in Aotearoa New Zealand.
Manaaki Tāngata | Victim Support
Call us 24/7 on 0800 842 846 to be connected to a Support Worker for assistance.
The Ministry of Justice's Victims Information Centre
Find information, advice and support. Contact them here.
Support through the criminal justice system
Look in this directory to find a New Zealand lawyer
Some financial support
ACC may accept a claim for accidental death which would provide financial support to cover some costs when the death of a New Zealander has been confirmed by police as murder or manslaughter. If you're overseas contact ACC on +64 7 848 7400
Your chosen funeral director can do as little or as much as you want them to do. Talk with your funeral director about what you would like, including any cultural or religious rituals you want honoured. Ask them about costs and payment options, so you can make choices that are manageable.
collecting the person’s body from the mortuary and caring for them at their funeral home until burial or cremation
providing information about necessary legal requirements after a death
registering the death and helping families get a copy of the death certificate
explaining how you can bring back the person’s body or ashes (repatriation) to Aotearoa New Zealand.
preparing the body for viewing if the family wishes this and it is possible
fulfilling the family’s choices for the funeral, tangihanga (tangi), or memorial event
checking if the person’s legal will requested certain funeral arrangements
organising cremation or burial procedures that meet necessary requirements
helping families apply for financial assistance, if needed
Call for information about your court case, to access court documents relevant to your case or to speak to your Court Victim Advisor.
