Hon Simon Power
Minister of Justice

16 October 2009 Speech

Victim Support Conference 2009

Good morning and thank you for inviting me to open Victim Support's 2009 conference.

Welcome to this important event.

I would like to acknowledge Ms Sarona Rimoni, an attorney with the Samoa Attorney General's Office and a member of the Samoa Victim Support group Advisory Committee.

The Government appreciates the excellent work Victim Support does in meeting the needs of victims of crime.

I know that the work done by Victim Support's network of volunteers and employed staff is challenging and requires a great deal of skill and expertise.

The service you provide is a vital part of the justice system. Without it, victims would be very much worse off.

It's a credit to you and an asset to victims throughout New Zealand.

As Minister of Justice, the reality of being a victim of crime is brought to my attention almost every day, whether it be through phone, email, or people I meet in the community.

Much of the contact that goes to my staff is relayed directly to me to ensure I'm kept up to date with happenings in the criminal justice system, and with crime in general.

I'm aware of the enormous physical, financial, and emotional toll that victims of crime face.

It's a sad truth that the impact of crime on victims is seldom eased by their interaction with the justice system. In fact, as far as I can see it's too often just the opposite.

That's why the issue of victim support and rights was one of the two most pressing justice issues that were at the forefront of my mind going into last year's election – the other being public safety.

And I'm very proud to say that this Government has followed through on our election promises and treated both of these issues with the urgency that was demanded.

We said we would put the safety of the public and the rights of victims of serious crime at the centre of the justice system, and we have.

This is a win-win – if victims can ever win from anything – because keeping the public safe means less crime and less crime means fewer victims.

Allow me a couple of moments to give you an idea of the public safety legislation that this Government has either introduced, progressed, or passed in the 11 short months of our existence.

We have moved to toughen the bail law, crack down on criminal gangs, and on the illegal proceeds of their offending. We have introduced laws to enable police to collect DNA from people they intend to charge, remove parole eligibility for the worst repeat violent offenders and those convicted of the worst murders.

That was about addressing public safety.

We are also fulfilling our promise to put victims of crime at the centre of the justice system, and there is more on the way.

One big piece of work currently being undertaken by the Ministry of Justice is a review of victims' rights and access to support services.

As part of that, the Ministry will be releasing a public consultation document later this year. It will include proposals to improve the response of government agencies to victims and to enhance the rights and role of victims in court processes.

Anyone with an interest in victims’ rights is encouraged to submit their views on the proposals. The Ministry will review submissions and report to me with recommendations. I anticipate that amendments to the Victims’ Rights Act 2002 will be required and I will be prioritising these changes.

One of the concerns I often hear from victims and their families is about the time it takes to bring offenders to justice. We are addressing that

A few months ago I announced some radical proposals for change.

The Government's Criminal Procedure (Simplification) Project includes initiatives to improve timeliness and efficiency in criminal court cases. The proposed changes are expected to result in less delay, fewer adjournments, shorter trials, a more satisfactory process for victims and witnesses, and increased efficiencies within the system.

A bill will be released for public consultation later this year and I intend to implement changes by the end of next year.

The Government has also introduced a bill to repeal the partial defence of provocation.

This defence is fundamentally flawed because it rewards a lack of self control by providing a defence for lashing out in anger, not just any anger but violent, homicidal rage. Just as importantly, it also enables the accused to tarnish the character of the victim.

The Provocation Repeal Bill is expected to be passed before the end of this year.

Another piece of victim-centred legislation due to be passed this year is the Domestic Violence (Enhancing Safety) Bill.

This will allow police to issue on-the-spot orders when called to a domestic incident to help protect victims of domestic violence. It will also allow judges to issue protection orders on behalf of victims when sentencing offenders for domestic violence related offences.

The Child and Family Protection Bill, which was introduced in August, also makes important changes to the domestic violence regime. It introduces changes to ensure the courts can act to protect children and families from all forms of violence and abuse, and makes changes to ensure court processes are effective and administrative barriers are minimised.

And the Legal Services Amendment Bill, which was introduced earlier this year, is designed to ensure that victims are not subject to financial eligibility tests or the need to repay legal aid grants for lawyers when attending inquests and Parole Board hearings.

That is a lot of work on public safety issues and it's a lot of work on helping victims of crime.

I must say I have been very interested in the reaction to this Government’s expanding work programme on victims.

As you would expect, much of it has been supportive. Not surprising, considering New Zealanders have been asking governments for years to prioritise the needs of victims over those of offenders.

However, some commentators have suggested we have gone too far.

Some of them have said that any attempt to put victims at the centre of the process may upset the balance required by an impartial justice system.

I disagree.

I believe victims’ rights should be protected as much – if not more – than offenders’ rights.

Let me assure those doubters that this Government's plans to put victims at the centre of the justice system will not deny or infringe on the constitutional rights of anyone accused of a crime to a fair trial.

We just simply want to recognise and support victims’ participation in the criminal justice process. We want to help them with their recovery.

As you know, victims of crime can feel marginalised or worse – re-victimised – by criminal proceedings. Some recent trials have highlighted for many the trauma and alienation that families of homicide victims can experience during court proceedings.

A lack of access to appropriate entitlements and services only adds to victims’ distress.

Families of victims have told me of the lingering costs of justice for their loved one – both emotionally and financially.
There are a number of entitlements and services available to victims of crime, including many provided by Victim Support. These entitlements and services meet many of their needs – but not all.

This Government wants to increase the level of support available to those victims with the highest needs – the victims of serious crime.

Long before the last election, we decided that if we became the Government, funding for this additional support should come from offenders themselves – that every convicted offender should contribute to addressing the harm that their behaviour causes victims.

Out of that desire was born our Sentencing (Offender Levy) Amendment Bill, which I expect to become law next week.

It requires every convicted offender to pay a levy of $50.

It is estimated to generate $13.6 million over the first four years. Critics of this scheme must realise that this is all new money for victims. It's money that victims of serious crime have not had before.

To ensure we make best use of this money, we've been working on identifying needs that are not being met by existing services.

And we've identified three over-arching issues:

* First, there is a need for further support for families of homicide victims.

* Secondly, the special-purpose schemes administered by Victim Support, such as the Travel Assistance Scheme, are limited in scope and funding.

* Thirdly, sexual violence victims have specific needs, such as continuity of support through the justice system, that are not being met.
I am therefore very pleased to announce today that the Government will address these issues by implementing 8 new initiatives for victims of serious crime.

These initiatives will be implemented over the next nine months, some of them before the Offender Levy comes into operation, thanks to the immediate availability of funding from the now-disestablished Sentencing Council.

They are an important first step in increasing the level of support available to victims of serious crime.

Four of them will provide further help to families of homicide victims.

The need for such help has been raised many times by organisations such as Victim Support.

The first initiative will give families of homicide victims an additional $4,500 on top of the ACC funeral grant of $5,500.

I believe this will go a long way to reducing the number of families of homicide victims which need to pay funeral costs. This initiative will be implemented in November.

The second initiative is an increase in the Victim Support-administered discretionary grant for families of homicide victims which are suffering financial difficulties.

This grant will increase from $1,500 to $5,000, and the eligibility criteria will be expanded. Any family which has incurred costs as a result of the death of a family member not covered by other state assistance will be eligible to apply. This will be implemented in November.

The third initiative is a grant that will support five family members of a homicide victim to attend High Court proceedings.
That grant will be $124 per day, per person. That is double the amount paid to jurors.

This will help mitigate the financial impact on family members who take time off work to attend a trial. It will be administered by Victim Support and will be implemented next January.
The fourth initiative to support families of homicide victims is the formation of a homicide support service that builds on and strengthens Victim Support’s volunteer homicide support network.

When it's up and running in July next year it will provide four paid homicide support co-ordinators in different parts of the country who will liaise with Victim Support’s volunteers to support families who need it.

This support service is designed to provide practical and emotional support for families – from the discovery of the homicide, through the court process, and beyond.

It will ensure that families have a central point of contact during their contact with the justice sector, and a reliable ongoing source of support and advice.

Two of the initiatives I am announcing today concern victims of sexual violence.

Research in New Zealand and overseas suggests that participation in the criminal justice system is a painful and traumatic process for many victims of sexual violence.

And that experience can be such that many of those victims withdraw from proceedings or avoid the criminal justice system altogether. We must do our best to avoid that.

So, I can announce that the Offender Levy will help provide a new court support service for victims of sexual violence.

This will give victims access to a trained and experienced adviser who understands the dynamics of sexual violence cases and the needs of victims.

As well as increasing the amount of assistance available to victims of sexual violence during court proceedings, this service will lessen the negative impact of the justice process and help ensure it's responsive to their specific needs.

This initiative will be rolled out from July next year.

The second initiative for victims of sexual violence is a discretionary grant to contribute to the cost of expenses incurred as a result of sexual violence, such as replacing items of clothing collected for forensic evidence.

$500,000 will be set aside for this grant when it is implemented in January under the administration of Victim Support.

The final two initiatives are for all victims of serious crime.

One will increase the amount of financial assistance available to help victims of serious crime attend High Court trials and Parole Board hearings.

Costs associated with attending trials and parole hearings can be a significant financial drain on victims and their families.

Currently, Victim Support administers the government-funded Travel Assistance Scheme that contributes to the cost of travel, accommodation, and childcare.

From next month, grants and associated expenses for travel to and from court will be increased from $1,000 to $3,000, and travel grants and associated expenses to and from Parole Board hearings will increase from $500 to $1,500.

Finally, the Government is developing new information resources for victims of crime.

At the moment, there is limited information about the justice system available for victims. To my mind it's extremely important that we maintain victims’ confidence in the sector’s ability to deal with crime and to uphold their rights.

Being informed about the process can improve their experiences by providing insight into where they fit within the system and what they can expect from the process.

A DVD and three pamphlets will outline the court process and the support services available. Two pamphlets will focus on information relevant to families of homicide victims and victims of sexual violence. These will be produced next year.

We want these eight new entitlements and services to make a real difference in the lives of victims of serious crime.

And I’m delighted that Victim Support will be administering five of them.

In closing, I would like to assure you that victims of crime are a priority for this Government.

I would like to think that after hearing these initiatives today that you just might agree.

We're well aware that victims of crime are overdue for additional support and a justice system that prioritises their needs over that of offenders.

I believe these initiatives go a significant way towards delivering that.

Thank you.

ENDS

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