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New Zealand Legislation: Acts

Acts are laws made by Parliament

Sentencing (Vehicle Confiscation) Amendment Act 2009

Public Act	2009 No 37
Date of assent	27 October 2009
Commencement	see section 2

Contents

3 Principal Act amended

5 Interpretation of terms used in sections 128 to 142

6 Confiscation of motor vehicle

7 New sections 129A to 129F inserted

129A Confiscation and destruction after third illegal street racing offence

129B Written caution to persons with interest in motor vehicles involved in offences

129C Review of written caution

129D Written caution of no effect if conviction quashed

129E Appeal against confiscation by persons treated as substitutes

129F Warning notice to secured parties if confiscation not ordered for second illegal street racing offence

8 Court may order declaration of ownership to be completed

9 New section 130A inserted

130A Court may disregard disposal of motor vehicle by person after written caution

10 If motor vehicle has been disposed of, court may prohibit offender from acquiring another motor vehicle

11 Enforcement of confiscation order

12 New section 132A inserted

132A Offence to sell or dispose of motor vehicle subject to confiscation order

13 Offender must not acquire new interest in motor vehicle for 12 months

14 New section 136A inserted

136A Registrar must seek deregistration of motor vehicle subject to confiscation and destruction order

15 Sale of confiscated motor vehicles

16 New sections 137A to 137C inserted

137A Certain sales conditional on dismantling and destruction

137B Failure to comply with condition to dismantle and destroy

137C Sale of motor vehicle surrendered or recovered under section 137B

17 Disposal of unsaleable confiscated vehicle

18 New section 138A inserted

138A Offender liable for outstanding costs of seizure, storage, and sale

19 New sections 140 to 141B substituted

140 Lessor under leasing agreement may apply to Registrar

141 Secured party may apply to court

141A Certain payments required before transfers take effect

141B Application of proceeds of sale by secured party

20 Order may be cancelled on application by bona fide purchaser

21 Transitional provisions

Legislative history

The Parliament of New Zealand enacts as follows: