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Sentencing Act 2002

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

38: Payment of sums to person who suffered harm, loss, or damage

You could also call this:

"Getting money if someone hurts you or damages your things"

Illustration for Sentencing Act 2002

If you get hurt or suffer loss or damage, you might get money as part of a sentence of reparation. This money must be paid to you, or to your insurer if you agree to that. You can still take someone to court to get more money if what you got from the sentence of reparation is not enough. A sentence of reparation does not stop you from doing this, you can still try to recover more damages through civil proceedings, as seen in the Crimes Act 1985.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM136006.

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

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38A: Cancellation of sentence of reparation, or

"When a court can stop you paying back money you owe as part of your sentence"

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

38Payment of sums to person who suffered harm, loss, or damage

  1. Every sum payable under a sentence of reparation must be paid to the person who suffered the harm, loss, or damage, or, with that person's consent, to that person's insurer.

  2. A sentence of reparation does not affect any right that the person who suffered the harm, loss, or damage has to recover by civil proceedings any damages in excess of the amount recovered under the sentence.

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