Reparation to victims
information about reparation
What are reparation payments?
When an offender is sentenced, a Judge can make an order for payments to the victim/s as compensation:
- for loss of or damage to property;
- for emotional harm; and
- for loss or damage which arises from or is caused by the emotional or physical harm to the victim or the loss of or damage to property.
In some cases a sentence of a fine and reparation may be considered appropriate, but an offender may genuinely not have the means to pay both. The Judge will assess this and in such a case the Court should sentence reparation alone.
The Sentencing Act also requires that when payments are received from an offender, who owes both fines and reparation, that payments be applied to the reparation first.
How will I know what sentence has been imposed?
The Act requires that a victim be given a copy of the sentence of reparation imposed.
How is the amount of reparation calculated?
The total amount of the payments to the victim/s is set by the Judge at sentencing. This is usually based on information about the amount of damage, the costs to the victim and the offender’s ability to pay.
It is important that you provide full information on your own damages to the prosecutor or the person preparing the Victim Impact Report so they can present it to the Judge on your behalf.
The Sentencing Act provides that if the Court is considering a fine of $100 or more, it can direct an offender to make a declaration of his or her financial circumstances. The declaration includes information on income and realisable assets that the offender may not currently have but which he or she may receive during the next twelve months. It is an offence to provide false or misleading information in such a declaration.
How are payments made?
If it is clear that the offender cannot pay it in one lump sum, the amount may be paid in instalments. The amount and timing of these instalments may be set by the Judge as part of the sentence. In other cases, the offender makes an application for time-payment to Court officials.
How is the money collected?
The offender pays the money to the Court, not directly to you. All payments made by the offender go into a Ministry of Justice account.
How do I get paid?
The money is paid out to you by a cheque posted to the address supplied to the Court by the prosecutor or police dealing with your case. That is why it is important for you to make sure they give the Court your correct postal address. After that, it is your responsibility to tell the Court of any change to your address or name.
What if I have insurance?
If you have insurance to cover the damages you have suffered, you will need to tell your insurance company about the reparation and discuss the effect of reparation payments with them. You can arrange for reparation payments to be paid directly to your insurance company.
What happens if I change my address?
Tell the Court where your case was held, or your nearest district court, of any change to your address or name – preferably in writing. If possible, give a reference number (the PPN and CRN numbers that are on the notices you have received regarding your case) or the offender’s name, and the date or place the case was heard.
Can I pick up payments from my local court?
No. The money is distributed from a Ministry of Justice account by post.
How soon can I expect to start receiving payments?
The offender usually has 28 days to pay or make a time-payment arrangement, provided there is no appeal. After that, any payment received by the Court will be sent to you.
However, there may be some reasons why payment of the full amount takes some time, such as:
- a number of victims are receiving payment from the same offender;
- the offender is in prison;
- the offender cannot be found;
- the amount is being paid in instalments because the offender is unable to pay the full amount in one lump sum.
Will I be told about changes to my payments?
The Court will notify you if any significant changes are made to your payment (for example, if the offender appeals against the sentence or a further order by a Judge results in a change to the sentence or to the amount.)
Will reparation be paid if the offender is in prison?
It depends on the circumstances. Generally the Court will still try to collect the money if at all possible, including taking enforcement action, such as seizing personal property. If this is not successful, the enforcement action will be reinstated after the offender’s release from prison.
In some cases, where it is clear the money cannot be collected, the matter may be referred back to a Judge for further consideration.
What if the offender doesn't pay?
The Court will know if the offender fails to pay, or defaults on an instalment payment and it is then the Court’s job to enforce the payment order. If your payments stop, or if you receive no payments, you can contact the fines collection staff at the Court and find out what is happening. If possible, quote a reference number (usually a PPN or CRN number) from the notices you have received about your payments.
How can payments be enforced?
This can be done in several different ways – for example, collections officers have powers to seize property belonging to the offender, or to wheel clamp their vehicle until payment is made or property items are sold to pay the amount owed.
Can payments be deducted automatically from the offender's wages or benefit if they don't make a payment?
Payments can be deducted from wages, benefit or other income with or without the offender’s consent.
If an offender has more than one victim, who gets reparation first?
Reparation payments are made on a “first in time” basis. This means that full payment is made to the victim under the oldest reparation sentence before any payments are made to the victims under other sentences. Each victim is paid in full before any payments are made to the victim of the next oldest offence.
This recognises that those who have been disadvantaged for the longest period are entitled to receive compensation first. Once reparation payments begin, full payment will be achieved in the shortest possible time. However, there may be delays before any reparation payments are received if the offender already owes reparation to victims of earlier offences.
How are small payments handled?
The Ministry’s general policy is to pass on very small payments to you either when they have built up to $50 or after three months have passed, whichever happens first. For example, if the offender in your case is paying the Court instalments of $5 a fortnight, you should get a cheque from the Ministry after three months, as the payments will not yet amount to $50.
Can payments be made automatically into my bank account?
Not at the moment. However, the Ministry of Justice is looking at this option.
Why can't the court pay me and then get the money from the offender?
At present, Government policy is that the person who commits the offence against you should bear the penalty of paying, not the taxpayer. The Court is not funded to make advance payment to victims – its job is to enforce the Judge’s order.
What if the offender can't be found?
Unfortunately, many offenders try to avoid paying, or move address without telling the Court. The Court will try to trace the offender, but you should be aware that this can be a very difficult job and may take some time. The Court will do its best, but any information you can provide about the offender’s whereabouts will help.
What if a Judge subsequently decides that the offender can’t pay?
Those who a Judge decides genuinely aren’t able to pay may have their reparation replaced by an alternative sentence of community work. If this happens, you will be told by letter and your reparation payments will stop.
If no reparation was ordered because the offender couldn't afford it at the time and then they get a job, can anything be done to get reparation? The sentence was based on the circumstances at the time and cannot be changed. You would need to take private legal action for compensation.
Can private legal action (civil action) be taken if reparation has been ordered?
Only for compensation over and above the amount of reparation ordered by the Judge, or if a Judge has since ordered that the reparation need not be paid.
Have I any right of appeal if I think the reparation order is not enough?
No. You can only take civil action for the extra amount you think is owed.
If you feel an additional payment is needed to cover your damages, it is strongly advised that you get advice from a solicitor or law centre before deciding to take private legal action.
Where can I get more information?
If you want more detailed information about your case or your payments, you can contact the Court where the case was heard or your nearest district Court.
Please give the PPN and CRN reference numbers that are on the notices you have received regarding your case. If you don’t know those numbers, it helps if you can give the offender’s name, where the case was held, and if possible, the date of sentencing.
If you receive any money directly from the offender you must let the Court know as soon as possible.
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