Bail Hearing

In New Zealand, a Bail Hearing is the first major opportunity for the court to set safety boundaries. While the prosecutor (police) represents the state, your “Victim View” is a legal right under the Victims’ Rights Act 2002.

1. How to Provide Your “Victim View”

You don’t usually stand up and speak in a bail hearing like you might at a trial. Instead, your input is funneled through the Police Officer in Charge (OC) or a Court Victim Advisor.

The “Victim View” Form: Ask your OC for the “Victim View” or “Victim Input” form immediately after the arrest.
State Your Fears: Be specific about why you feel unsafe. If the abuser has a history of showing up unannounced, ignoring previous “no-contact” warnings, or has access to weapons, tell the OC.
Propose Conditions: You can suggest conditions that would make you feel safer, such as:
- “The defendant must not come within 200 meters of my workplace/home/child’s school.”
- “The defendant must live at a specific address (e.g., in a different city).”
- “The defendant must not consume alcohol or drugs.”

2. The Difference Between a “Victim View” and a “Victim Impact Statement”

It is easy to confuse these two, but they happen at different times:

Victim View (Now): Used for Bail. It helps the judge decide if the person can be released and what the rules should be.
Victim Impact Statement (Later): Used for Sentencing. This is a more formal document you write after the person is found guilty or pleads guilty, describing the long-term emotional and physical harm.

3. What the Judge Considers

The Bail Act 2000 requires the judge to consider the “need to protect the victim” above almost everything else in family violence cases. The judge will look at:

The risk that the defendant will interfere with you or other witnesses.
The risk of them offending again while on bail.
Your specific views on their release.

4. Who Can Help You

Court Victim Advisors: They work at the court and their entire job is to keep you informed about bail decisions and make sure the judge hears your views.
Victim Support: A volunteer or staff member from Victim Support (0800 842 846) can sit with you in the public gallery if you choose to attend the hearing, or they can help you draft your “Victim View” notes.

Important Safety Note

If the defendant is granted bail, the Police should notify you immediately. If they are released and you have not been contacted, or if you see the defendant near your home, call 111 immediately.