New Zealand Case Law: Decisions & Judgments

Topic

Reparation reports

Legal area

Court

16 Feb 2021

BUTT v NEW ZEALAND POLICE [2021] NZHC 179

Citation

[2021] NZHC 179
Court

High Court

The High Court allowed the appeal because, absent information about the offender's financial circumstances and without a reparation report or stated reasons for dispensing with one, the $11,000 reparation order payable at $20 per week (approx. 10.5 years) was manifestly excessive and likely to cause undue hardship under s 12(1); the proper course was to quash the reparation order and remit for reconsideration with a s 33 reparation report ordered.
10 Dec 2019

HICKMAN v R [2019] NZHC 3251

Citation

[2019] NZHC 3251
Court

High Court

The appeal is dismissed: although the District Court did not state reasons for dispensing with a reparation report, the reparation of $1,212.66 was not excessive given the items taken and there was material before the Judge indicating the appellant could reasonably pay the amount, so the reparation order stands.
26 Nov 2019

BOAG v NEW ZEALAND POLICE [2019] NZHC 3097

Citation

[2019] NZHC 3097
Court

High Court

The District Court erred by imposing a substantial loss of income reparation order without a reparation report and without sufficient evidence of the offender's financial capacity; absent that report the High Court could not determine whether the order would cause undue hardship, therefore the reparation order was quashed and the matter remitted for a reparation report and reconsideration of reparation by the District Court.
13 Aug 2019

HUNN v POLICE [2019] NZHC 1975

Citation

[2019] NZHC 1975
Court

High Court

Because the District Court made a reparation order based on a quote that the appellant did not receive and without a reparation report under s33, creating a real risk the quantum was manifestly excessive, the High Court quashed the sentence and remitted the matter to the District Court for re-sentencing with the benefit of a reparation report and any other reports the Judge considers necessary.

New Zealand Case Law

BUTT v NEW ZEALAND POLICE [2021] NZHC 179

HICKMAN v R [2019] NZHC 3251

BOAG v NEW ZEALAND POLICE [2019] NZHC 3097

HUNN v POLICE [2019] NZHC 1975