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The justice system

The justice system

Aotearoa New Zealand’s justice system, also know as our judicial system, exists to uphold people’s rights, freedoms and obligations to others.

Our laws are designed to clearly outline what actions are considered unacceptable and what the consequences are for for breaking those laws. The Police and other government agencies are responsible for enforcing the law and investigating violations of the law (crimes). When the law is broken, the courts are responsible for determining whether there is enough evidence to find an offender (defendant) guilty and what the appropriate punishment will be.

The Judiciary oversees the courts and is made up of independent judges and court officers appointed by the Governor General. These judges interpret and apply the law through the court system by hearing and deciding cases. Criminal cases are either heard by just a judge or by a group of 12 people which make up a jury.

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.

While there are many new legal procedures that crime victims encounter, there are people to assist you throughout the process. Working together with them and preparing for what is ahead can help you.

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How we can help

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Financial assistance

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Different courts for different cases

There are different courts in Aotearoa New Zealand that deal with different matters relating to crime. More information about the court dealing with your situation as a victim of crime can be found on these websites.

Coroner’s Court - examines the circumstances of a person’s death if the death has been violent, unnatural, without a known cause, or has been by suicide.

Court of Appeal -  hears appeals from the High Court and the District Court.

District Court - hears criminal and civil cases. The majority of cases go through the District Court.

Family Court - hears disputes for relationship separation, custody, access, and child welfare issues.

High Court - hears serious criminal cases, major civil cases, and appeals from the District Court.

The Supreme Court - the highest court in New Zealand and final court of appeal.

Youth Court - hears cases for 14 to 17 years olds who have been charged with a criminal offence, and also oversees Family Group Conference processes.

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Your rights as a victim

If you've been a victim of a crime, you're entitled to fair and respectful treatment by all people, organisations and government agencies assisting you and your family or whānau. The Victims Code sets out how you, and your family or whānau can expect to be treated when you are a victim of a crime, including throughout the legal process in the criminal and youth justice systems.

See our Victims’ rights page for detailed information about how you should expect to be treated.

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The Victim Notification Register

The Victim Notification Register provides victims of serious crimes with notifications about what's happening to the person that offended against them as they move through the justice system. This includes their Parole Board hearings, temporary prison releases, home detention, hospital detention or prison release date.

To receive notifications and be kept informed, victims must apply to be listed on the Victim Notification Register. Victims are also able to nominate someone else as a representative to receive the notification on their behalf.

A victim can apply to be on the register at any stage after an offender has been charged.

The Police determine a victim’s eligibility to be on the Register and the Department of Corrections runs the confidential Register service.

See our dedicated Victim Notification Register page for more information.

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Victim Impact Statements

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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Restorative justice

Restorative justice helps to give victims a voice and creates an opportunity for offenders to understand the consequences of their actions on other people. A restorative justice conference is an informal, facilitated meeting between a victim (the person harmed), an offender (the person responsible), support people, and any other approved people such as your Support Worker, community representatives, lawyers, cultural support people, or interpreters.

The conference is run by a trained facilitator and takes place before an offender is sentenced in court. A report on the conference is provided to the judge so that they can take into consideration what has been discussed before they sentence the offender.

The victim’s participation and outcomes

Many victims do find attending a Restorative Justice Conference helpful because they can get some answers to any questions they may have and begin to find some closure. For some victims, they say the experience validates their feelings about the crime and gives them a chance to have their justice needs met.

If you’re invited to take part in a restorative justice conference, you are under no obligation to agree to attend  if you don’t want to.

Even if both you and the offender agree to proceed with the conference, the process can be cancelled at any time by you or by the offender.

You don’t have to attend the conference alone. You have the right to bring support people with you. They could be trusted friends, family or whānau members, your Support Worker, a community or faith leader, or a social or support worker from a local agency.

If you would like to participate, you will have a chance to:

  • tell the offender how the crime has affected you and your family or whānau– emotionally, physically, financially, socially and psychologically, and in your daily life.
  • find some closure and gain a greater understanding of what has occurred.
  • say how the harm can be put right by the offender.
  • help stop others from becoming future victims - restorative justice can be effective at changing the offender’s behaviour, so your attendance might stop this happening to someone else.

If you don’t want to participate, or are unable to attend, you can still express your views. The facilitator or your Support Worker can talk to you about options such as:

  • arranging someone else, such as a support person or your Support Worker, to attend and speak on your behalf.
  • writing a letter that can be read out to the group. A Victim Impact Statement can also be included with this letter.
  • attending by video or teleconference.

The offender’s participation and outcomes

During the restorative justice conference an offender is given the opportunity to take responsibility for their actions, apologise to you, decide as a group how to put right the harm they have caused and find ways to make sure they don’t reoffend. They also have the right to bring support people.  Even if both parties have agreed to proceed with the conference, the process can be cancelled at any time by the offender or the victim.

The meeting facilitator

The Ministry of Justice contracts community-based groups to run restorative justice services around Aotearoa New Zealand and in many areas Māori providers are available. The Ministry makes sure that all the providers have the required level of training and experience so the restorative justice process will be safe and supportive for everyone involved.

Before the conference

A judge decides if an offender can be part of a restorative justice process with those they have offended against. The offender can ask to be considered (through their lawyer), or you can ask for them to be considered through your Court Victim Advisor or the police officer managing your case.

A trained facilitator will interview you, explain the process, and give you time to ask any questions. They will do the same with the offender. They will also check if both you and the offender are willing to take part and what is needed for all parties involved in the conference to feel safe. The facilitator will then decide if the meeting is likely to have a positive outcome and if it should go ahead.

You have the option to request a particular location or time for the conference, an interpreter if needed, and to raise any disability needs that should be considered. The cultural or religious needs of all participants will be considered and respected. You can let the facilitator know if you would like a mihi, prayer, or other custom undertaken before starting or finishing the conference.

During the conference

During the meeting everyone will be given an opportunity to talk openly and honestly about what happened. You can tell the group about the impact the crime has had on you and what can be done to set things right for you to find some closure.

Both sides will try to agree on a plan to set right the harm done (as much as possible). The facilitator will do their best to encourage some kind of agreement to be made.

After the conference

The facilitator will write a report describing what happened at the conference, including details of any agreements made. The judge will get the report before the offender is sentenced. You will also get a copy of the report as well as the offender, police and probation officers.

At the time of sentencing the offender, the judge will consider any agreements made during the conference, but this doesn’t mean that the offender will receive a reduced sentence. The judge will also be told if no agreement could be reached in the restorative justice process.

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Youth Justice Family Group Conferences

When anyone under 18 years old breaks the law, they can be referred to the youth justice system. This gives them a chance to make some positive changes to their lives without getting a criminal record.

A Youth Justice Family Group Conference is a facilitated meeting that gives victims a voice and creates an opportunity for a young person to have an honest talk with their family or whānau, and victims, police and others involved with their case – such as their social worker or youth worker.

The victim’s participation and outcomes

Many victims do find attending a Youth Justice Family Group Conference helpful because they can get some answers to any questions they may have of the young offender and begin to find some closure. For some victims, they say the experience validates their feelings about the crime and gives them a chance to have their justice needs met.

If you’re invited to take part you are under no obligation to agree to attend if you don’t want to.

If you agree to attend, you don’t have to go to the conference alone. You have the right to bring support people with you. These could be trusted friends, family or whānau members, your Support Worker, a community or faith leader, or a social or support worker from a local agency.

If you would like to participate, you will have a chance to:

  • tell the young person how the crime has affected you and your family or whānau– emotionally, physically, financially, socially and psychologically, and in your daily life.
  • give your own views of what happened.
  • find some closure and gain a greater understanding of what has occurred.
  • say how the harm can be put right by the young person and contribute to a plan for them.
  • help stop others from becoming future victims - a conference can be effective at changing the young person’s behaviour, so your attendance might stop this happening to someone else.

If you don’t want to participate, or are unable to attend, you can still express your views. The Youth Justice Coordinator or your Support Worker can talk to you about other options such as:

  • arranging someone else, such as a support person or your Support Worker, to attend and speak on your behalf.
  • writing a letter that can be read out to the group. A Victim Impact Statement can also be included with this letter.
  • attending by video or teleconference.

The young person’s participation and outcomes

If the police do prove beyond reasonable doubt that the young person committed the offence, or the young person admits to charges made against them, they will be part of a Youth Justice FGC.

The young person also has the right to bring support people with them. The conference gives them an opportunity to face up to their crime and better understand the impact their offending has had on you, and your family or whānau.  Together with the group, they can discuss the offending, what can be learned from mistakes made, and what can be done to put things right with the victims if possible, and accept responsibility.

The meeting facilitator

A Youth Justice Coordinator from Oranga Tamariki arranges and facilitates the meeting. Their job is to answer any questions and help everyone get the best outcome from the meeting. They will also keep you informed throughout the process and you can discuss with them any concerns you may have.

Before the conference

You have the option to request a particular location or time for the conference, an interpreter if needed and raise any disability needs that should be considered. The cultural or religious needs of all participants will be considered and respected. You can let the facilitator know if you would like a mihi, prayer, or other custom undertaken before starting or finishing the conference

During the conference

The facts of the case are discussed and the  young person is asked to take responsibility for their offending. The group considers what the underlying reasons behind the young person’s actions might be – why did they do what they did?

Victims are asked to speak about how the offending has affected them and the young person is encouraged to see what happened through the victims’ eyes. This helps them to better understand the consequences of their actions.

The conference finds practical ways for the young person to make right what they have done, such as community service to compensate the victim for any damages, and also sets goals and a plan for the future, such as learning life skills or connecting them with a mentor.

After the conference

If the conference group is unable to agree on a plan, the case will be referred back to the Youth Court. This may result in a further Youth Justice FGC or the court making other decisions about the young offender.

If a plan was made for the young person at the conference, it will be reviewed by the judge overseeing the case, and the young person will come back to court regularly so the judge can ensure they are completing that plan.

Victims will be kept informed about the young person’s progress and the outcomes of the agreed plan that is put in place.

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Resources

Useful websites and other information

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Downloadable resources

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If you or anyone else is in immediate danger, call emergency services on 111.

  • If you’re in danger but you’re in fear of harm and it’s not safe for you to talk, call 111, stay silent, and follow the instructions to connect to the police.
  • If you’re calling from a mobile, stay silent and listen for the 'press 55' prompt.
  • If you’re calling from a landline, stay silent and follow the operator’s instructions to press a key for help.
  • If you have hearing or speech difficulties, register for the New Zealand Police 111 TXT service so you can text Police, Fire or Ambulance services in an emergency.
  • To make a quick exit from this page click on the 'Quick Exit' button on the top right.

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.

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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:

  • Rights and information. We’ll help you understand your rights, provide information, and support you to make informed choices.
  • Justice system. We’ll explain the justice system and help you navigate each step, including supporting you at court and family group or restorative justice conferences, and helping to prepare Victim Impact Statements.  
  • Linking with other agencies and support. We’ll help you liaise with police, courts and other government agencies, and help you access local support services and counselling to suit your situation.


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.

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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.

MFAT can let you know about:

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.

If a person’s body or their ashes are being returned 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).

Urgent travel

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.

A funeral director helps bereaved families and whānau in several ways, including:

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

If you and your immediate family or whānau prefer to organise a burial or cremation without a funeral director

Victims Information Line

Call for information about your court case, to access court documents relevant to your case or to speak to your Court Victim Advisor.