Part 2Sentences, orders, and related matters
Monetary penalties: Reparation
33Court may order reparation report
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:
- in the case of loss of or damage to property, the value of that loss or damage and any consequential loss or damage:
- in the case of emotional harm, the nature of that harm and the value of any consequential loss or damage:
- in the case of any loss or damage consequential on physical harm,—
- the nature and value of the loss or damage; and
- 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:
- the nature and value of the loss or damage; and
- the financial capacity of the offender:
- the maximum amount that the offender is likely to be able to pay under a sentence of reparation:
- 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.
The court may decline to seek a report under subsection (1) and impose a sentence of reparation without further inquiry if—
- the court is satisfied as to the amount of reparation that the offender should pay; or
- 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
- in all the circumstances the court considers that a report is unnecessary.
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
- 1985 No 120 s 22(3)
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).


