Section 34 — Sentencing Act 2002: Reparation reports

34 Reparation reports (1) A probation officer or other person who is required by a court to prepare a report under section 33 must attempt to gain agreement between the offender and the person who suffered the harm, loss, or damage on the amount that the offender should be required to pay by way of reparation. (2) If agreement is reached, the probation officer or other person must report the terms of the agreement to the court (in addition to any other matters on which the court has required a report). (3) If no agreement is reached, the probation officer or other person must,— (a) in respect of emotional harm, state in the report the respective positions of the offender and the person who suffered the harm, and that the matter is unresolved; and (b) in respect of loss of, or damage to, property, either— (i) determine the value of the loss or damage and the consequential loss or damage on the evidence available, and include that value in the report; or (ii) state in the report that the matter is unresolved; and (c) in respect of loss or damage consequential on emotional or physical harm, either— (i) determine the value of the loss or damage on the evidence available, and include that value in the report; or (ii) state in the report the respective positions of the offender and the person who suffered the loss or damage, and that the matter is unresolved. (4) Despite subsections (1) to (3) , the person who suffered the harm, loss, or damage is not obliged to meet with the offender or otherwise participate in the preparation of the report. (5) The person who prepared a report under this section must give a copy to the person who suffered the harm, loss, or damage unless the court orders otherwise. (6) Failure to give a copy of any report in accordance with subsection (5) does not affect the validity of the proceedings in a court or of any order made or sentence imposed by a court. Compare: 1985 No 120 s 23