Plain language law

New Zealand law explained for everyone

Sentencing Act 2002

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

34: Reparation reports

You could also call this:

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

Illustration for Sentencing Act 2002

When a court asks someone to write a report about reparation, they must try to get the offender and the person who was harmed to agree on how much money the offender should pay. You can find out more about this in section 33. The person writing the report must tell the court what they agreed on.

If they cannot agree, the person writing the report must say what each person thinks should happen. For damage to property, they might work out how much it is worth and put that in the report. They might also say that they could not agree on a value.

The person who was harmed does not have to meet the offender or help with the report if they do not want to. The person who wrote the report must give a copy to the person who was harmed, unless the court says otherwise. If they forget to give them a copy, it does not change what the court decides.

This text is automatically generated. It might be out of date or be missing some parts. Find out more about how we do this.

This page was last updated on

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM136001.

Topics:
Crime and justice > Criminal lawCrime and justice > Courts and legal helpCrime and justice > Victim support
Previous

33: Court may order reparation report, or

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

Next

35: Taking into account financial capacity of offender, or

"The court considers how much money you have when deciding how you pay for damage you caused."

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

34Reparation reports

  1. A probation officer or other person who is required by a court to prepare a report under section 33 must attempt to gain agreement between the offender and the person who suffered the harm, loss, or damage on the amount that the offender should be required to pay by way of reparation.

  2. If agreement is reached, the probation officer or other person must report the terms of the agreement to the court (in addition to any other matters on which the court has required a report).

  3. If no agreement is reached, the probation officer or other person must,—

  4. in respect of emotional harm, state in the report the respective positions of the offender and the person who suffered the harm, and that the matter is unresolved; and
    1. in respect of loss of, or damage to, property, either—
      1. determine the value of the loss or damage and the consequential loss or damage on the evidence available, and include that value in the report; or
        1. state in the report that the matter is unresolved; and
        2. in respect of loss or damage consequential on emotional or physical harm, either—
          1. determine the value of the loss or damage on the evidence available, and include that value in the report; or
            1. state in the report the respective positions of the offender and the person who suffered the loss or damage, and that the matter is unresolved.

            2. Despite subsections (1) to (3), the person who suffered the harm, loss, or damage is not obliged to meet with the offender or otherwise participate in the preparation of the report.

            3. The person who prepared a report under this section must give a copy to the person who suffered the harm, loss, or damage unless the court orders otherwise.

            4. Failure to give a copy of any report in accordance with subsection (5) does not affect the validity of the proceedings in a court or of any order made or sentence imposed by a court.

            Compare