Sentencing Act 2002

Sentencing purposes and principles, and provisions of general application - General provisions about discharge without conviction, etc, and imposition of reparation, fines, community-based sentences, sentences of home detention, and imprisonment

12: Reparation

You could also call this:

"Paying back money to someone you hurt or wronged"

If you do something wrong, a court can order you to pay reparation. The court must order you to pay reparation unless it thinks this would cause you or your family big problems, or if there are other special reasons not to. When the court is thinking about whether paying reparation would cause you big problems, it cannot consider that you have to pay a levy under section 105B. You can be ordered to pay reparation on its own or with another sentence, like community work or a fine.

If the court decides not to order you to pay reparation, it must explain why. An order of reparation is when the court tells you to pay money to someone because you did something wrong, as stated in section 106(3)(b), 108(2)(b), or 110(3)(b).

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This page was last updated on 26 June 2025

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM135553.

Topics:

Crime and justice > Criminal lawCrime and justice > Courts and legal helpCrime and justice > Victim support

11: Discharge or order to come up for sentence if called on, or

"The court decides what happens to you after you're found guilty of a crime."

13: Sentence of fine, or

"When a judge decides to give you a fine as a punishment"

Part 1Sentencing purposes and principles, and provisions of general application
General provisions about discharge without conviction, etc, and imposition of reparation, fines, community-based sentences, sentences of home detention, and imprisonment

12Reparation

If a court is lawfully entitled under Part 2 to impose a sentence or order of reparation, it must impose it unless it is satisfied that the sentence or order would result in undue hardship for the offender or the dependants of the offender, or that any other special circumstances would make it inappropriate.
When considering undue hardship or other special circumstances under subsection (1), a court must not take into account that the offender is required to pay a levy under section 105B.
A sentence of reparation may be imposed, in relation to any particular offence, on its own or in addition to any other sentence.
If a court does not impose a sentence or order of reparation in a case where it is lawfully entitled to do so, it must give reasons for not doing so.
In this section, order of reparation means an order under section 106(3)(b), 108(2)(b), or 110(3)(b).

Compare

1985 No 120 s 11

Notes

Section 12(1): amended, on 13 February 2012, by section 4(1) of the Sentencing Amendment Act 2011 (2011 No 47).
Section 12(1A): inserted, on 1 July 2010, by section 4 of the Sentencing (Offender Levy) Amendment Act 2009 (2009 No 42).
Section 12(3): amended, on 13 February 2012, by section 4(2) of the Sentencing Amendment Act 2011 (2011 No 47).
Section 12(4): inserted, on 13 February 2012, by section 4(3) of the Sentencing Amendment Act 2011 (2011 No 47).