Sentencing Act 2002

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

36: Payment conditions of sentence of reparation

You could also call this:

"How you pay back money ordered by the court"

If a court tells you to pay reparation, the court can decide how you pay it. The court can let you pay over time or in smaller amounts, or both, under section 81(1)(a) of the Summary Proceedings Act 1957. The court can also tell you to pay right away under section 83(1) of the Summary Proceedings Act 1957.

The court can ask someone called the Registrar to figure out how you will pay the reparation. The Registrar can decide if you should pay right away under section 83(1) of the Summary Proceedings Act 1957, or if you can pay over time or in smaller amounts under section 86 of the Summary Proceedings Act 1957.

If the court does not make any of these decisions, you will have to pay the reparation all at once within the time allowed for paying fines, which is decided by section 80 of the Summary Proceedings Act 1957.

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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=DLM136003.

Topics:

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

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."

37: Copy of conditions of reparation to be given to person who suffered harm, loss, or damage, or

"You get a copy of what the person who hurt you must do to make things right."

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

36Payment conditions of sentence of reparation

If a court sentences an offender to make reparation, the court may—
make an order, under section 81(1)(a) of the Summary Proceedings Act 1957, allowing the offender greater time to pay or allowing the offender to pay by instalments, or both; or
make an order, under section 83(1) of the Summary Proceedings Act 1957, requiring the offender to pay immediately; or
direct the Registrar to determine the conditions of payment of the reparation, including whether to—
1. require the offender to pay the reparation immediately under section 83(1) of the Summary Proceedings Act 1957 (which applies with any necessary modifications); or
2. enter into an arrangement with the offender allowing the offender greater time to pay or allowing the offender to pay by instalments, or both, under section 86 of the Summary Proceedings Act 1957.

If the court does not make an order or give a direction under subsection (1), the reparation must be paid in 1 lump sum within the time allowed for the payment of fines generally by section 80 of the Summary Proceedings Act 1957.

Notes

Section 36: replaced, on 13 February 2012, by section 6 of the Sentencing Amendment Act 2011 (2011 No 47).