Staying Safe and Sane

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Your Mana, Your Rights

In New Zealand, the rights of survivors are protected by the Victims’ Rights Act 2002 and the Victims Code. These frameworks ensure that you are treated with dignity and that your personal comfort is a priority during investigations and medical care.

Here is a breakdown of your specific rights regarding gender preferences and support.

1. Right to a Preferred Gender (Police & Medical)

You have the right to feel as comfortable as possible when sharing your experience or undergoing an exam.

  • Police Interviews: When you report sexual violence, you can request to speak with a female or male officer. The NZ Police policy is to provide your preference wherever possible, especially for the formal video-recorded interview.
  • Medical Exams (SAATS): At a Sexual Assault Assessment and Treatment (SAATS) clinic, you can request a doctor or nurse of a specific gender. Most SAATS clinicians are female, but you have the right to ask and have your preference respected.
  • Therapy: Under ACC Sensitive Claims, you have total control over who you see. You can choose a therapist based on gender, ethnicity, or language. If the first person you meet doesn’t feel like the “right fit,” you have the right to change providers at any time.

2. Right to a Support Person

You never have to face any part of this process alone. Under NZ law:

  • In Interviews: You have a legal right to have a support person (a friend, whānau, or a specialist advocate from a group like HELP or Victim Support) present while you give your statement to the Police.
  • In Medical Exams: You can have a support person with you during the entire medical process.
  • In Court: If the case goes to trial, you are entitled to have a support person near you while you give evidence.

3. Right to Privacy and Anonymity

New Zealand law provides automatic protections for survivors of sexual harm:

  • Automatic Name Suppression: In NZ, it is illegal for the media to publish your name or any details that could identify you (like your workplace or specific address) unless you specifically ask a judge to lift that suppression.
  • Private Statement: Your interview with the Police is conducted in a private, specialized room, not in the main “public” area of a police station.

4. Right to Respect and Dignity (The Victims Code)

Government agencies (Police, Courts, Corrections) and health providers must follow these core principles:

  • Courtesy and Compassion: You must be treated with respect for your cultural, religious, and social values.
  • Information: You have the right to be kept informed about the progress of the investigation and any court proceedings.
  • Fair Treatment: You should not be discriminated against based on your gender, orientation, or background.

5. Right to Comply or Withdraw

  • Informed Consent: You have the right to be told exactly what a medical exam or a police interview involves before it starts.
  • Stopping the Process: You can change your mind at any time. If you start a medical exam and feel uncomfortable, you can ask the doctor to stop immediately. Choosing to have a medical exam does not “force” you to talk to the Police.

What to do if your rights aren’t met

If you feel you were denied a same-gender officer without a valid reason, or if you were treated disrespectfully:

  1. Speak to the Officer in Charge: You can ask to speak to their supervisor (Senior Sergeant or Detective Senior Sergeant).
  2. Contact the Victims’ Information Line: Call 0800 650 654 for advice on how to make a formal complaint.
  3. Health & Disability Commissioner: If the issue was with a doctor or nurse, you can lodge a complaint regarding the Code of Health and Disability Services Consumers’ Rights.

In New Zealand, you have a legal right to feel safe and respected during any part of a family or sexual violence investigation. Requesting a same-gender officer or doctor is a standard request that staff are trained to accommodate.

Here are the specific ways to frame these requests to ensure your rights are upheld.

1. Requesting a Police Officer

When you arrive at a station or call to make a report, you can state your preference immediately. The Police must do their best to provide an officer of your preferred gender, especially for the formal interview.

Key Phrases:

  • “I am here to report a sensitive matter. I would like to speak with a female/male officer in private, please.”
  • “I feel more comfortable speaking with a woman/man. Is there a detective of that gender available to take my statement?”
  • “Before we begin the interview, I would like to request a same-gender officer to be the lead interviewer.”

Tip: If they say no one is available right now, you can ask: “Is there another station nearby with a [gender] officer available, or can we schedule this for when one is on duty?”

2. Requesting a Medical Clinician (SAATS)

Most SAATS (Sexual Assault Assessment and Treatment) clinicians in New Zealand are female, but you still have the right to confirm and request.

Key Phrases:

  • “I would like my medical examination to be performed by a female/male doctor or nurse.”
  • “It is very important for my comfort that the staff in the room during the exam are women/men.”
  • “Can you confirm the gender of the clinician who will be seeing me today?”

3. Invoking Your Right to a Support Person

Under the Victims’ Rights Act 2002, you have the right to have a support person with you. This can be a friend, whānau, or a specialist advocate from a group like HELP or Victim Support.

Key Phrases:

  • “I have a right to a support person. I would like my friend/advocate to be in the room with me during the interview/exam.”
  • “I am not comfortable starting until my support person from [Organization Name] arrives.”
  • “Please wait for my support person before we proceed with the formal statement.”

4. Rights Regarding “Privacy and Pace”

You are the one in control of the room. You have the right to pause or stop at any time.

Key Phrases:

  • “I need to take a break for ten minutes. Can we pause the recording/exam?”
  • “I am not comfortable answering that specific question right now. Can we come back to it later?”
  • “I would like to stop the medical exam now. I do not wish to continue with the physical portion.”

5. What to Say if You Feel Your Rights Are Being Ignored

If you are being pressured or told your request is “inconvenient,” you can use these firm but polite phrases:

  • “Under the Victims Code, I am entitled to a respectful and compassionate service that takes my preferences into account. I am requesting a [gender] officer again.”
  • “I would like to speak with the Officer in Charge (OIC) or the Senior Sergeant about my request for a same-gender interviewer.”
  • “I do not feel that my right to a comfortable environment is being met. I would like to wait until a [gender] staff member is available.”

Support Numbers to Keep Handy

If you are at a police station or clinic and feel your rights are being brushed aside, you can call these lines for immediate advocacy:

  • Safe to Talk: 0800 044 334 (They can talk to the staff on your behalf).
  • Victim Support: 0800 842 846.