Sentencing Act 2002

Sentences, orders, and related matters - Monetary penalties - Reparation

33: Court may order reparation report

You could also call this:

"Court can ask for a report to help decide how much you should pay for what you did wrong"

Illustration for Sentencing Act 2002

If you do something wrong, the court might think you should pay reparation. The court can ask someone, like a probation officer, to write a report about how much you should pay. This report will look at things like how much damage you caused, how much it will cost to fix it, and how much money you have to pay. The court can look at the report to decide how much you should pay. The report might also say how often you should make payments. You might have to tell the court about your money situation so they can decide how much you can pay. The court can look at the Accident Compensation Act 2001 to see if you have already got money for what happened. The court does not always need a report to decide how much you should pay. They might already know how much you should pay, or they might be able to find out in another way, like from a declaration you make after the court tells you to, as stated in section 41, or they might just think a report is not needed. You might be asked to make a declaration about your financial situation, as stated in section 42, to help with the report.

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32: Sentence of reparation, or

"Paying back for harm you caused: fixing damage or helping someone you hurt"


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34: Reparation reports, or

"Reports to help decide how much money offenders should pay to fix the harm they caused"

Part 2Sentences, orders, and related matters
Monetary penalties: Reparation

33Court may order reparation report

  1. If the court considers that a sentence of reparation may be appropriate, the court may order a probation officer, or any other person designated by the court for the purpose, to prepare a reparation report for the court in accordance with section 34 on all or any of the following matters:

  2. in the case of loss of or damage to property, the value of that loss or damage and any consequential loss or damage:
    1. in the case of emotional harm, the nature of that harm and the value of any consequential loss or damage:
      1. in the case of any loss or damage consequential on physical harm,—
        1. the nature and value of the loss or damage; and
          1. the amount or extent of compensation paid or payable under the Accident Compensation Act 2001 to the person who suffered the loss or damage in respect of that loss or damage:
          2. the financial capacity of the offender:
            1. the maximum amount that the offender is likely to be able to pay under a sentence of reparation:
              1. the frequency and magnitude of any payments that should be required under a sentence of reparation, if provision for payment by instalments is thought desirable.
                1. The court may decline to seek a report under subsection (1) and impose a sentence of reparation without further inquiry if—

                2. the court is satisfied as to the amount of reparation that the offender should pay; or
                  1. the type of information referred to in a reparation report is available through other means (including, without limitation, a declaration made following a direction under section 41); or
                    1. in all the circumstances the court considers that a report is unnecessary.
                      1. For the purposes of the preparation of a reparation report, a court may direct the offender to make a declaration as to his or her financial capacity in accordance with section 42.

                      Compare
                      Notes
                      • Section 33(1): amended, on , by section 4(1) of the Sentencing Amendment Act 2004 (2004 No 68).
                      • Section 33(1)(b): amended, on , by section 4(2)(a) of the Sentencing Amendment Act 2004 (2004 No 68).
                      • Section 33(1)(c)(i): amended, on , by section 4(2)(b) of the Sentencing Amendment Act 2004 (2004 No 68).
                      • Section 33(1)(c)(ii): replaced, on , by section 7 of the Sentencing Amendment Act 2014 (2014 No 38).