The Sentencing Act 2002 is to be amended to clarify that court orders of reparation can include consequential injury costs that are not covered by Accident Compensation Corporation (ACC) entitlements, Justice Minister Simon Power announced today.

"This amendment will maintain the range of compensation options that were available for victims of crime before the Supreme Court ruled in May 2009 that orders of reparation cannot include any compensation for consequential injury costs if injured victims already have entitlements through ACC," Mr Power said.

Up until May 2009, courts were including consequential injury costs not covered by ACC in orders of reparation. ACC provides compensation for loss of income at a rate of 80 per cent of a claimant’s pre-injury weekly earnings. The courts were including the 20 per cent of earnings not compensated by ACC in orders of reparation, where appropriate.

The amendment to section 32(5) of the Sentencing Act will ensure the courts can resume including consequential injury costs not covered by ACC in orders of reparation.

This amendment is consistent with the Government’s wider policies on victims of crime. “Victims of crime, and in particular victims of serious crimes, face significant financial and emotional costs as a result of the crimes committed against them.

"This Government has made a commitment to increase the amount of support available to victims of crime, and we are making significant progress towards this", Mr Power said.

"On 16 October last year I announced eight new initiatives to improve the range of entitlements and services victims of crime will have access to. These initiatives include an additional payment rolled out in November 2009 to supplement the ACC funeral grant for families of homicide victims."

The Ministry is also undertaking a review of victims’ rights and services. "As part of the review I released a public consultation document "A Focus on Victims of Crime: A Review of Victims' Rights". The consultation document contains a number of proposals that aim to enhance victims' rights and their role in criminal justice processes, and improve how government agencies respond to victims of crime", Mr Power said.

The review will result in a Victims’ Rights Amendment Bill, due to be introduced in 2010. The amendment to the Sentencing Act will be implemented through this Bill.

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