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

14: Reparation, fines, and financial capacity of offender

You could also call this:

"Paying for what you did wrong: fines and reparation"

When you do something wrong, a court might decide you need to pay a fine. But if the court thinks you cannot pay the fine, they might not make you pay it, even if they think you should. This is because the court looks at whether you have the money to pay the fine, as stated in section 13.

If a court thinks you should pay a fine and also pay reparation, but you only have enough money for one of them, they will tell you to pay reparation. The court makes this decision based on whether they think you can afford to pay a fine or make reparation, but not both. You will be sentenced to make reparation if the court decides that is what you can afford.

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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=DLM135555.

Topics:

Crime and justice > Criminal lawCrime and justice > Courts and legal help

13: Sentence of fine, or

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

15: Community-based sentence, or

"When a judge chooses a community-based sentence instead of a fine for a crime."

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

14Reparation, fines, and financial capacity of offender

Even if it would be appropriate in accordance with section 13 to impose a fine, a court may nevertheless decide not to impose a fine if it is satisfied that the offender does not or will not have the means to pay it.
If a court considers that it would otherwise be appropriate to impose a sentence of reparation and a sentence of a fine, but it appears to the court that the offender has or will have the means to pay a fine or make reparation, but not both, the court must sentence the offender to make reparation.