If I’m hurt because of someone else’s criminal act, what happens?
If someone commits a crime the Police can charge him or her with that offence. If you feel that you have been the victim of abuse you can contact the police (http://www.police.govt.nz/district/phonebook.html) or the Child Youth and Family Services (0508 FAMILY (0508 326 459) to report the abuse. If you suffer physical or emotional harm, you should be treated with courtesy, compassion and respect for your personal dignity. You should have access to counselling, medical, legal and other help. You should also be told about the programmes, remedies, and services available to you through various agencies. You should be told about the progress of the investigation and any court proceedings that go ahead. If the Court finds the person guilty, the Police may apply to the Court for “reparation” from the offender to compensate you for emotional harm you have suffered, loss or damage to property or any other loss you suffer as a result of physical harm.

(ss7, 8 Victims’ Rights Act 2002; http://www.legislation.govt.nz/act/public/2002/0039/latest/DLM157813.html?search=ts_act_Victims+Rights+Act_resel&p=1&sr=1 ss7(1)(d), 12 Sentencing Act 2002, Part 2, Subpart 1, Sentencing Act 2002 http://www.legislation.govt.nz/act/public/2002/0009/latest/DLM135342.html?search=ts_act_Sentencing+Act_resel&p=1&sr=1). Agencies you can contact for support: · Accident Compensation Corporation: “Sensitive Claims Unit” Free phone 0800 735 566 · the Department of Child, Youth and Family Services: (0508 FAMILY (0508 326 459) · the New Zealand Police. http://www.police.govt.nz/district/phonebook.html),

If I have been physically or sexually abused, can I claim compensation?
Yes, you are entitled to compensation for any permanent physical injury or emotional damage caused by physical or sexual abuse. Permanent physical and emotional damage includes sleeplessness, phobias, nightmares, depression or sexual problems. Since 1 April 2002, compensation takes the form of a lump sum payment if permanent disability is assessed at more than 10%. There are some rules and restrictions about when the abuse occurred, which affect your eligibility for compensation. If you cannot get lump sum compensation you may be able to get an independence allowance. You will probably be entitled to free counselling paid for by the Accident Compensation Corporation (“ACC”). ACC is a government agency that provides accident insurance to everyone in New Zealand. You should ask your doctor or an ACC registered counsellor about this and she or he will be able to help organise it. The ACC sensitive claims can give you a list of ACC registered counsellors in your area, and tell you more about making an ACC claim. There are other ways you could get compensation. You could sue the abuser for “exemplary damages”. If the abuser is prosecuted by the Police, the Court could order compensation or reparation to be paid to you.
(ss 21(2), 26 Injury Prevention, Rehabilitation, and Compensation Act 2001: http://www.legislation.govt.nz/act/public/2001/0049/latest/DLM99494.html?search=ts_act_Injury+prevention_resel&p=1&sr=1). ss7(1)(d), 12 Sentencing Act 2002, Part 2, Subpart 1, Sentencing Act 2002). http://www.legislation.govt.nz/act/public/1955/0088/latest/DLM291746.html?search=ts_act_Family+Protection+Act_resel&p=1&sr=1). Children and Young

People UNDER 17

What if I am asked to give evidence in a court?
Children who are the victims of sexual abuse or physical abuse are often called as a witness to give evidence at the hearing of a prosecution against the person accused of the abuse. If you are under 17 and have been the victim of sexual or physical abuse, there are special rules about you giving evidence. If the Judge agrees:
• You may give your evidence on videotape, rather than having to give it in person;
• Your evidence may be given in a separate room and transmitted to the court by closed circuit television;
• You may appear in court, but a screen or one-way glass can be set up so you do not see the abuser;
• The Judge may refuse to allow questions which are intimidating or overbearing.
(s 103, 107, 85 Evidence Act 2006 http://www.legislation.govt.nz/act/public/2006/0069/latest/DLM393463.html?search=ts_act_Evidence+Act_resel&p=1).
You also have the right to have one support person seated close by to you while giving evidence. If the judge agrees you can have more than one person sit close to you. (Section 79 Evidence Act 2006)

If I give evidence before a jury in a criminal case, does my evidence carry less weight because I am young?
No, absolutely not. The Judge cannot tell the jury that children under 17 are more likely than adults to make up stories or give untrue evidence.
(s 125 Evidence Act 2006)