Anne Marie Patelesio (20) was convicted last month of driving over a traffic island in a 4WD and crashing it through a fence into a stone barbecue and ending up in the couple's swimming pool about 3am on July 27.
Judge Dominic Flatley appeared to agree with Patelesio's defence lawyer, Dale Lloyd, last Monday when she questioned the legality of a separate reparation sentencing and said it could be appealed.
He ordered Patelesio to pay $4150. Of the reparation, $250 was for the excess on the property owner's insurance.
Total damage to the property was $37,756.13.
The owners of the property, Graeme and Jenni Heazlewood said they were disappointed the sentencing judge did not follow protocol, putting the reparation order in doubt.
"It's unfortunate that we, as the victims, might have to fork out $250 for the excess. We're not too happy about it. Our lives have been turned upside down with the mess we've had to deal with. Why should we have to pay? We are the victims," Mrs Heazlewood said.
She said her husband, a building consultant, had taken time off work to tidy the section and organise the repair of the damage.
The property was still "like a bomb site".
The pool had been at the property when they bought it and moved there from Dunedin 16 years ago.
Mrs Heazlewood said the stress of the incident had taken its toll on her health.
"I was in hospital for 12 hours that week with pains in my chest. They couldn't find anything wrong with me. It was the stress. I let it get on top of me."
The couple were on holiday when the crash happened, so they were shocked when they returned home and found the mess, she said.
"I came around the corner, saw the orange netting and thought 'Oh my God'. I got so upset when I saw it. It's been forced upon us. We didn't need this. It's the inconvenience."
The insurance company had assessed the claim at nearly $40,000.
More than four months later, the damage was still being fixed.
Everything was replaceable except for crocks which had been in Mrs Heazlewood's family for generations.
"It's a big job having to go and look for what we lost. Our garden furniture, lawnmower. She demolished the garden shed and everything in it. Broken glass was everywhere. We even have to replace the lawn."
She didn't believe Patelesio had learned her lesson.
"It was reported she had sent a letter of apology to her rescuers. We are the victims and there's been nothing. I don't want to know about it now. They said in court she was remorseful. If she was that remorseful, why didn't we get an apology?"
TVNZ's 20/20 programme screened an interview with Patelesio and video footage of events on the night of September 24.
Mrs Heazlewood said the programme had made the couple very angry.
"She should have been ashamed of herself showing what she'd done. I would have been embarrassed. She's a very lucky person."
Ms Lloyd, told the Queenstown Times her client had not decided whether to appeal the reparation order.
Patelesio was sentenced to 12 months' supervision, 250 hours' community work and disqualified from driving for 12 months by Judge Kevin Phillips on October 19 for dangerous driving and driving with a blood-alcohol level of 200mg.
The judge did not order reparation at that time because he wanted a full reparation report first.
The Queenstown Lakes District Council was awarded $3900 for the damage to the traffic island. Council chief executive Duncan Field said it was not appropriate for him to comment on the case.
"In general, when there is damage to property in the public estate, it's important to the council and to the community that costs are recovered. Council will actively monitor the outcome," he said.
