Land Transport (Enforcement Powers) Amendment Bill

  • enacted
20 New heading and sections 98A and 98B inserted
  • The following heading and sections are inserted after section 98:

    Prohibiting sale or disposal of motor vehicles

    98A Commissioner may prohibit sale or disposal of certain motor vehicles
    • (1) This section applies if—

      • (a) a person is charged with an offence under this Act or any other enactment that would, if the person is convicted of the offence, permit or require a court to order the confiscation of the person's motor vehicle under the Sentencing Act 2002; and

      • (b) the Commissioner believes, on reasonable grounds in the circumstances, that the court would, if the person is convicted of the offence, order the confiscation of the person's motor vehicle under the Sentencing Act 2002.

      (2) If this section applies, the Commissioner may prohibit the sale or disposal of the motor vehicle by giving notice in the prescribed form to—

      • (a) the person who is charged; and

      • (b) the registered owner person of the motor vehicle (if a person other than the person who is charged).

      (3) A person notified under subsection (2) may not sell, or dispose of,—

      • (a) the motor vehicle specified in the notice:

      • (b) any parts of the motor vehicle specified in the notice.

      (4) The Commissioner—

      • (a) must cancel the notice given under subsection (2) if the person charged—

        • (i) does not own, or does not have a legal or equitable interest in, the motor vehicle specified in the notice; or

        • (ii) is not convicted of an offence that would permit or require a court to order the confiscation of the person's motor vehicle under the Sentencing Act 2002; or

        • (iii) is convicted of such an offence but a court does not order the confiscation of the person's motor vehicle under the Sentencing Act 2002; or

      • (b) may cancel the notice given under subsection (2) if—

        • (i) the motor vehicle specified in the notice was stolen or converted at the time the person charged used it in a way that gave rise to the charge; or

        • (ii) the owner of the vehicle specified in the notice took all reasonable steps to prevent the person charged from using the vehicle in a way that gave rise to the charge; or

        • (iii) the Commissioner is satisfied that prohibiting the sale of the motor vehicle specified in the notice would entail undue hardship to the person charged, the owner of the motor vehicle, or any other person.

    98B Appeal of notice to District Court
    • (1) Any person who is given notice under section 98A may appeal to the District Court against the Commissioner's decision to give the notice.

      (2) The court must determine the appeal on 1 or more of the grounds specified in section 98A(4).

      (3) The court may confirm or cancel the notice.

      (4) Every notice appealed against under this section continues in force pending the determination of the appeal, and no person is excused from complying with the notice on the ground that an appeal is pending.