Victim Support
Free, nationwide support for people affected by crime, suicide and traumatic events.
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A Victim Impact Statement gives victims a voice in the court process. It is your opportunity to tell the court and the offender how the crime has personally affected you, as a victim, and to help the court understand your views about the offending.
Victims can choose whether or not they want to make a Victim Impact Statement.
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In a criminal case the judge is required to consider a range of relevant information when deciding on the most appropriate sentence for an offender. This could include the maximum penalty for the type of offence, anything about the offender that is relevant, such as their age or a history of previous offending, and how the offending has affected you, or your family or whānau.
Victim Impact Statements are one of the many factors the judge must consider in order to arrive at an appropriate outcome.
If the defendant is either found guilty or pleads guilty, the judge will take into account your Victim Impact Statement during sentencing. Your statement helps the judge understand the crime's impact on your life; emotionally, physically, financially, socially and psychologically.
If the defendant is found not guilty, the judge will not be able to consider your Victim Impact Statement.
The police officer in charge of the case will ask you to prepare a Victim Impact Statement. You will usually be asked to do this when charges are being filed, but before the defendant’s first court appearance (where possible).
It’s the victim’s decision if they want to make a Victim Impact Statement or not. Even without a Victim Impact Statement, the judge will consider the crime's impact on you, but this will be based solely on the evidence presented in the case. If you decide to make one, you should contact the police officer in charge of the case.
The benefits and challenges of making a Victim Impact Statement will be different for each person, but making a statement can help empower you as it’s your one formal opportunity to tell the court and the defendant how you’ve been affected by the crime. It can sometimes help you begin your recovery from the crime.
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You can prepare your own Victim Impact Statement but if you are unable to write one yourself, or would like some assistance, the police officer in charge of your case is available and trained to assist with this.
The Court Victim Advisor that has been assigned to you and your Support Worker are also able to help you prepare your statement. You don’t have to do it alone.
A Victim Impact Statement can be delivered in writing or recorded in another way (e.g. audio recording).
Victims can submit a Victim Impact Statement in te reo Māori or NZ sign language. If a victim does not speak English as their first language, the police can arrange for an interpreter to assist.
Your statement should be as clear and concise as possible to give the judge enough time to fully consider it, especially when there are multiple statements. If you choose to present your statement in court, there may be a time limit.
Writing
The police can give you a Victim Impact Statement template, but you can use any plain A4 paper. Your statement should be typed and include the case number, the name of the police officer in charge of your case, and your name and date of birth. Make sure to sign the statement yourself or have it signed by the case's police officer on your behalf.
Alternative formats
If you prefer, you can present your statement in another format like an audio recording. Adding photos, drawings, or any other visual aids can help the court understand the crime's impact on you. For example, children may draw pictures to accompany a parent or guardian’s statement or families may provide photos of victims who have died or have been seriously injured to show the court how they looked before the crime occurred.
Your Victim Impact Statement should be relevant and include appropriate information to help the court with sentencing.
Physical injury: Any injuries or illnesses you have that related to the crime, their severity and long-term effects, medical treatments received, and their impact on your lifestyle.
Emotional effects: Changes in attitudes, behaviours, relationships due to the crime, short and long-term mental health trauma, and any counselling sought or received.
Financial effects: The value of property damaged, lost, or destroyed, uninsured costs, loss of work, medical and therapy expenses, lost opportunities, and consequential losses.
The judge may consider these when deciding on reparation (payments to the victim) though the offender's financial situation can affect this decision.
If the victim has died: The family can share about the victim's life and the impact on those left behind.
Other information: The impact on your family or whānau (with their agreement) can be included. Facts from the case can be briefly mentioned, but the key focus should be on the harm suffered.
If you include information that falls outside the purpose of a Victim Impact Statement, the police officer in charge of the case will help you change it so it can be submitted to court.
False details: Misleading information can discredit the statement.
Threats to the offender or their kin: Threats to harm someone are a crime.
Abusive comments: Focus on the crime's impact, and the offender’s actions, not your opinion of the offender.
Irrelevant information: Include only facts related to the crime.
Confidential data: Never share private information about anyone involved, including victims.
References to unproven offences: Address only the crime for which the offender has been convicted, not alleged offenses you think the offender may have committed.
Comments about the legal professionals: This includes the judge, prosecution, defence, witnesses or jury.
These examples aren't exhaustive but indicate what to generally avoid in a Victim Impact Statement.
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This usually happens when criminal charges are being filed with the court, but before the defendant’s first court appearance (where possible). The police officer in charge of the case will definitely make sure it’s completed by the second appearance of the defendant in court, as this is when the defendant may enter a plea. Once completed, the police will hold on to your Victim Impact Statement as part of the case materials.
To keep your Victim Impact Statement current throughout the court proceedings, you can update it. It's crucial to prepare this statement early and keep it up-to-date. You'll be prompted to check and update your statement at key court stages, like when sentencing is indicated. This process is coordinated with the Police Prosecution Service and the police officer in charge of the case.
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The prosecutor is obligated to submit your Victim Impact Statement to the court at sentencing, provided you have chosen to prepare one.
Typically, a judge almost always allows a victim of a serious crimes to have their Victim Impact Statement read out in court. You may choose to read it out yourself or have someone else do it on your behalf.
The judge can restrict some or all of a Victim Impact Statement from being read out in certain circumstances if there's a good reason, like inconsistent content, risk to someone’s safety.
The defendant can request to see a copy but can't keep it without your consent. If the victim's safety is a concern, the judge can order certain parts of the statement to be withheld from the defendant. However, this information cannot be considered during sentencing, as defendants are entitled to see any information that may impact their sentence.
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When a court case ends, your Victim Impact Statement becomes part of the official court file. Any member of the public or a journalist can ask to read a court file, although the court might not always allow it. The defendant cannot keep a copy of your statement without you agreeing.
If the judge speaks about your Victim Impact Statement at the sentencing hearing, then their comments can made available to media to report on. Newspapers and other media are never allowed to name sexual violence victims or child victims and defendants in their news reports.
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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
