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Sentencing Act 2002

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

35: Taking into account financial capacity of offender

You could also call this:

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

Illustration for Sentencing Act 2002

When you do something wrong and have to pay for the damage, the court looks at how much money you have. If you do not have enough money to pay for all the damage, the court can tell you to pay a smaller amount or pay it back a little at a time. The court can also tell you to do both, pay a smaller amount and pay it back a little at a time.

If the court is thinking about giving you more than one sentence to pay for the damage, or a sentence to pay for the damage and a fine, they have to consider some things. This includes if you already have to pay for something else from before. The court must make sure that any money you pay goes towards the most important things first, in the order set out in sections 86E to 86G of the Summary Proceedings Act 1957.

The court has to follow these rules so that you pay back the money in a fair way. You have to pay the money in the order that the court decides is most important. This helps make sure that the people who were hurt by what you did get the money they need first.

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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=DLM136002.

Topics:
Crime and justice > Criminal lawCrime and justice > Courts and legal help
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34: Reparation reports, or

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

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36: Payment conditions of sentence of reparation, or

"How you pay back money ordered by the court"

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

35Taking into account financial capacity of offender

  1. If the offender has insufficient means to pay the total value of the loss, damage, or harm, the court may sentence the offender to make—

  2. reparation for any amount that is less than the value of the loss, damage, or harm; or
    1. payment by instalments in respect of the loss, damage, or harm; or
      1. both (a) and (b).

        1. Subsection (3) applies if the court is considering whether to impose—

        2. more than 1 sentence of reparation on an offender; or
          1. a sentence of reparation and a sentence of a fine on an offender; or
            1. a sentence of reparation on an offender who is subject to an earlier sentence or order of reparation or an earlier sentence of a fine, or a combination of any of those.

              1. The court must take into account that any payments received from the offender must be applied in the order of priority set out in sections 86E to 86G of the Summary Proceedings Act 1957.

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              Notes
              • Section 35(2): replaced, on , by section 5 of the Sentencing Amendment Act 2011 (2011 No 47).
              • Section 35(3): replaced, on , by section 5 of the Sentencing Amendment Act 2011 (2011 No 47).