Confiscation of motor vehicles

127 Interpretation of terms used in sections 128 to 142

(1)

For the purposes of this section and sections 128 to 142, unless the context otherwise requires,—

constable has the meaning given to it in section 4 of the Policing Act 2008

hire purchase agreement means—

(a)

an agreement under which goods are let or hired with an option to purchase, however the agreement describes the payments, under which the person who agrees to purchase the goods is given possession of them before the total amount payable has been paid:

(b)

an agreement for the purchase of goods by instalment payments, however the agreement describes the payments, under which the person who agrees to purchase the goods is given possession of them before the total amount payable has been paid

impoundment costs, in relation to a motor vehicle that has been confiscated while impounded under the Land Transport Act 1998, means the fees and charges for towage and storage that are prescribed or assessed in the manner specified by regulations made under section 167 of that Act, and, where those fees and charges have already been paid by the chief executive of the Ministry of Justice, means the amount required to reimburse the chief executive for that payment

interest means any proprietary interest, whether legal or equitable, and whether vested or contingent

lease does not include a hire purchase agreement or a rental service agreement to which the holder of a rental service licence under the Land Transport Act 1998 is a party

motor vehicle means a motor vehicle within the meaning of section 2(1) of the Land Transport Act 1998; but does not include a trailer

person who is registered, in relation to a motor vehicle, means the person who is registered under the Land Transport Act 1998 in respect of the vehicle, and where several persons are so registered, means any one of those persons

Police employee has the meaning given to it in section 4 of the Policing Act 2008

secured party has the meaning given to it in section 16 of the Personal Property Securities Act 1999, except that the reference to security interest is a reference to security interest as defined by this subsection

security agreement has the meaning given to it in section 16 of the Personal Property Securities Act 1999, but does not include a lease

security interest has the meaning given to it in section 17 of the Personal Property Securities Act 1999, but does not include a lease

written caution means a caution issued under section 129B.

(2)

For the purposes of sections 128 to 142, a motor vehicle is owned by an offender whether the offender owns it solely or as a joint tenant or tenant in common with any other person.

(3)

For the purposes of sections 128 to 142, a person is, in relation to an offender, a substitute for the offender or a substitute if—

(a)

the person is served with a written caution, under section 129B, about an offence committed by the offender; and

(b)

within 4 years after the date of the commission of the offence for which that written caution was served, the offender commits a further offence specified in section 128(1) involving a motor vehicle that, at the time of the commission of that offence, the person owns or has an interest in.

Compare: 1985 No 120 s 84(1)

Section 127(1) constable: inserted, on 1 August 2012, by section 15(4) of the Sentencing Amendment Act 2011 (2011 No 47).

Section 127(1) encumbrance: repealed, on 1 August 2012, by section 15(1) of the Sentencing Amendment Act 2011 (2011 No 47).

Section 127(1) hire purchase agreement: replaced, on 1 August 2012, by section 15(2) of the Sentencing Amendment Act 2011 (2011 No 47).

Section 127(1) impoundment costs: inserted, on 1 December 2009, by section 5(1) of the Sentencing (Vehicle Confiscation) Amendment Act 2009 (2009 No 37).

Section 127(1) lease: inserted, on 1 August 2012, by section 15(3) of the Sentencing Amendment Act 2011 (2011 No 47).

Section 127(1) leasing agreement: repealed, on 1 August 2012, by section 15(3) of the Sentencing Amendment Act 2011 (2011 No 47).

Section 127(1) person who is registered: inserted, on 1 December 2009, by section 5(1) of the Sentencing (Vehicle Confiscation) Amendment Act 2009 (2009 No 37).

Section 127(1) Police employee: inserted, on 1 August 2012, by section 15(4) of the Sentencing Amendment Act 2011 (2011 No 47).

Section 127(1) secured party: inserted, on 1 August 2012, by section 15(4) of the Sentencing Amendment Act 2011 (2011 No 47).

Section 127(1) security agreement: inserted, on 1 August 2012, by section 15(4) of the Sentencing Amendment Act 2011 (2011 No 47).

Section 127(1) security interest: inserted, on 1 August 2012, by section 15(4) of the Sentencing Amendment Act 2011 (2011 No 47).

Section 127(1) written caution: inserted, on 1 December 2009, by section 5(1) of the Sentencing (Vehicle Confiscation) Amendment Act 2009 (2009 No 37).

Section 127(3): inserted, on 1 December 2009, by section 5(2) of the Sentencing (Vehicle Confiscation) Amendment Act 2009 (2009 No 37).