“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

“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

“registered owner, in relation to a motor vehicle, means the person registered under the Transport (Vehicle and Driver Registration and Licensing) Act 1986 as the owner of the vehicle, and where several persons are so registered, means any one of those persons

“written caution means a caution issued under section 129B.”

• “(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.”

• “(2) A court may exercise the power in subsection (3) if a person is convicted of an offence referred to in subsection (1) and the court by or before which the offender is convicted is satisfied—

  • “(a) that a motor vehicle—

    • “(i) was used to commit or facilitate the commission of the offence, whether or not the offender was the driver or person in charge; or

    • “(ii) in the case of an offence against any of the provisions of sections 35(1)(a) and (b), 36(1)(a), 36A(1)(a) and (c), 38(1), 39(1), 52(1)(aa) and (c), and 56 to 62 of the Land Transport Act 1998, was being driven by, or in the charge of, the offender at the material time; or

    • “(iii) was used by the offender, whether or not the offender was the driver or person in charge, to facilitate the offender's flight or avoid his or her detection or arrest after the commission of the offence; and

  • “(b) that, at the time of the conviction, the offender or a substitute for the offender owns the motor vehicle or has an interest in the motor vehicle.”

• “(3A) The court must not make an order under this section in respect of a motor vehicle that a substitute for an offender owns or has an interest in if satisfied that—

  • “(a) the substitute did not know, and could not reasonably have known, that the offender would commit the offence or offences; or

  • “(b) the substitute took all reasonable steps to prevent the offender from committing the offence or offences.”

• “(6) This subsection applies if—

  • “(a) the first offence and the second offence are each against section 36A(1)(a) or (c) of the Land Transport Act 1998; and

  • “(b) the court by or before which the offender is convicted of the second offence is satisfied that a motor vehicle owned by the offender or by the substitute for the offender or in which the offender or the substitute has any interest was being driven by, or in the charge of, the offender at the material time; and

  • “(c) the court does not order the confiscation of the motor vehicle.

• “(7) If subsection (6) applies, the Registrar must—

  • “(a) check whether a financing statement has been registered in respect of the motor vehicle on the personal property securities register kept under the Personal Property Securities Act 1999; and

  • “(b) issue a warning notice stating that any motor vehicle owned by the offender or by the substitute for the offender or in which the offender or the substitute has an interest is liable to be confiscated and destroyed if the offender commits another offence against section 36A(1)(a) or (c) of the Land Transport Act 1998 before the expiry of 4 years from the commission of the first offence; and

  • “(c) send the warning notice, by ordinary post, to every person (other than the offender or the substitute) who the Registrar believes is a party to an encumbrance relating to the motor vehicle.

• “(8) The jurisdiction of a court to make a confiscation and destruction order under section 129A or 136(4) or the validity of any order made under those sections is not affected by a failure to comply with subsection (7).”

“129A Confiscation and destruction after third illegal street racing offence

• “(1) This section applies if—

  • “(a) an offender commits an offence against section 36A(1)(a) or (c) of the Land Transport Act 1998 (the current offence); and

  • “(b) the offender has previously been convicted of 2 offences (the previous offences) against section 36A(1)(a) or (c) of the Land Transport Act 1998 that were each committed within the period of 4 years before the commission of the current offence.

  “(2) For the purpose of subsection (1), it does not matter whether or not the offences are of the same kind, but the current offence and each of the previous offences must arise from different incidents.

  “(3) The court by or before which the offender is convicted of the current offence may order the confiscation and destruction of any motor vehicle if satisfied that the offender was driving, or was in charge of, the motor vehicle at the material time and that—

  • “(a) the offender owns or has any interest in the motor vehicle; or

  • “(b) a substitute for the offender owns or has an interest in the motor vehicle if the written caution served on the substitute was issued in respect of an offence specified in subsection (1)(a).

  “(4) The court must not make an order under subsection (3) if it will result in extreme hardship to the offender or undue hardship to any other person, including, without limitation, to any substitute for the offender.

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

• “(1) Subsection (2) applies whenever—

  • “(a) a court convicts an offender of an offence specified in section 128(1) involving a motor vehicle; and

  • “(b) the court is satisfied the offence was committed in circumstances that would permit or require the confiscation of the motor vehicle under section 128, 129, or 129A if the offender owned or had an interest in it at the time of conviction; and

  • “(c) it appears to the court that the offender does not own or have an interest in the motor vehicle.

  “(2) The court by or before which the offender is convicted must order that a written caution be served on every person (other than the offender) who is a registered owner of the motor vehicle every person (other than the offender) who is registered in respect of the motor vehicle or who the court believes owns or has an interest in the motor vehicle.

  “(3) Despite subsection (2), a written caution must not be served—

  • “(a) on anyone if the court is satisfied that the motor vehicle—

    • “(i) was stolen or converted at the material time; or

    • “(ii) was let on hire at the material time in accordance with a rental service licence under the Land Transport Act 1998:

  • “(b) on a person who the court is satisfied—

    • “(i) did not own or have an interest in the motor vehicle at the material time; or

    • “(ii) is a party to an encumbrance relating to the motor vehicle but has no relationship of another kind with the offender.

  “(4) On any 1 occasion, no more than a court may only order that 1 written caution is to be served on each recipient described in subsection (2), regardless of the number of convictions entered against the offender.

  “(5) A written caution must provide the following information:

  • “(a) the name and identifying details of the offender:

  • “(b) the relevant convictions against the offender:

  • “(c) the identifying details of the motor vehicle:

  • “(d) that the recipient is believed to own or have an interest in the motor vehicle and that none of the exceptions stated in subsection (3) has been established to the satisfaction of the court:

  • “(e) a warning that if the offender is convicted of a further offence specified in section 128(1) that involves a motor vehicle owned by the recipient or in which the recipient has an interest, the motor vehicle is liable to be confiscated or confiscated and destroyed:

  • “(f) the recipient’s right to seek a review of the court’s decision to order the service of the written caution on the recipient.

  “(6) The written caution remains current for 4 years after the date of the commission of the offence for which that written caution is served.

  “(7) A written caution must be served personally by an employee or agent of the Ministry of Justice on every person ordered to be served.

  “(7) A written caution ordered to be served on a person must be served on the person in one of the following ways:

  • “(a) by being delivered to the person personally or by being brought to the person's notice if the person refuses to accept it:

  • “(b) by being left for the person at the person's place of residence with another person (other than the offender) who appears to be of or over the age of 14 years.

  “(7A) A written caution may be served by one of the following persons:

  • “(a) a Police employee:

  • “(b) an officer of the court:

  • “(c) any person who is authorised to serve the written caution under a general or particular authority given by a District Court Judge or Registrar:

  • “(d) any officer or employee of a corporation that is authorised by the Secretary for Justice to serve the written caution.

  “(8) An endorsement on a copy of a written caution stating the fact, the date, and the time of service and purporting to be signed by an employee or agent of the Ministry of Justice a person of a kind described in subsection (7A) is, in the absence of evidence to the contrary, sufficient proof of service of the written caution in accordance with subsection (7) this section.

“129C Review of written caution

• “(1) A person served with a written caution may, within 20 working days after the date of service, apply to the court that ordered the service of the written caution for a review of the decision to serve the applicant on 1 or more of the following grounds:

  • “(a) the motor vehicle was stolen or converted at the material time:

  • “(b) the person applicant did not own or have an interest in the motor vehicle at the material time:

  • “(c) the person applicant is a party to an encumbrance relating to the motor vehicle but has no relationship of another kind with the offender:

  • “(d) the motor vehicle was let on hire at the material time in accordance with a rental service licence under the Land Transport Act 1998.

  “(2) Every application must include a statutory declaration that specifies a ground stated in subsection (1) and why that ground applies.

  “(3) The Registrar must promptly forward a copy of the application to the prosecuting agency in the proceeding that resulted in the relevant conviction.

  “(4) The prosecuting agency may, within 10 working days after the day on which the copy of the application is forwarded to the agency, make a written submission to the court.

  “(5) The court must conduct the review on the papers, unless the court considers a hearing necessary.

  “(6) If satisfied that a ground stated in subsection (1) applies, the court must cancel the written caution so far as it applies to the applicant and in that case the written caution is deemed not to have been served on the applicant.

  “(6) If satisfied that a ground stated in subsection (1) applies, the following provisions apply:

  • “(a) the court must cancel the written caution served on the applicant:

  • “(b) if the ground for cancelling the applicant's written caution is that stated in subsection (1)(a) or (d), the court must also cancel the written caution served on any other person under the same order that required service of the written caution on the applicant:

  • “(c) the Registrar must advise, by ordinary post, facsimile, email, or other electronic means, every person (other than the applicant) whose written caution is cancelled of that outcome:

  • “(d) if a written caution served on a person is cancelled, the written caution is deemed not to have been served on the person.

“129D Written caution of no effect if conviction quashed

• “(1) If all of the convictions in respect of which a written caution has been served on a person are quashed, and no convictions for offences qualifying for confiscation under section 128, 129, or 129A are substituted, the written caution ceases to have effect and is deemed not to have been served.

  “(2) If a written caution ceases to have effect under subsection (1), the Registrar must, by ordinary post, facsimile, email, or other electronic means, advise every person served with the written caution of that outcome.

“129E Appeal against confiscation by persons treated as substitutes

• “(1) If the court orders, under section 128 or 129A, the confiscation of a motor vehicle on the basis that the person who owns it, or has an interest in it, is a substitute for the offender, that person may, within 20 working days after the date of the order, or within any further time that the appropriate court allows, appeal to the appropriate court against the order on 1 or more of the following grounds:

  • “(a) the person appellant did not own or have an interest in the motor vehicle at the material time:

  • “(b) the motor vehicle was stolen or converted at the material time:

  • “(c) the person appellant did not know, and could not reasonably have known, that the offender would commit the offence or offences:

  • “(d) the person appellant took all reasonable steps to prevent the offender from committing the offence or offences:

  • “(e) the person appellant had not, prior to the commission of the offence or offences, been served with a written caution under section 129B in relation to the offender:

  • “(f) the person appellant is a party to an encumbrance relating to the motor vehicle but has no relationship of another kind with the offender:

  • “(g) the motor vehicle was let on hire at the material time in accordance with a rental service licence under the Land Transport Act 1998.

  “(2) The prosecuting agency in the proceeding that resulted in the relevant conviction is a party to the appeal and the person must serve the notice of appeal on that prosecutor.

  “(2) The appellant must serve the notice of appeal on—

  • “(a) the prosecuting agency in the proceeding that resulted in the relevant conviction; and

  • “(b) any other person treated as a substitute who owns or has an interest in the motor vehicle.

  “(2A) The persons described in subsection (2) are parties to the appeal.

  “(3) The right of appeal under subsection (1) is independent of the offender's right of appeal against conviction and sentence for the relevant offence or offences.

  “(4) The court must set aside the confiscation of the motor vehicle if satisfied that 1 or more of the grounds stated in subsection (1) apply to the person and, where any other persons treated as substitutes own or have an interest in the motor vehicle, also apply to each of those other persons.

  “(4) The court must set aside the confiscation of the motor vehicle if satisfied that—

  • “(a) a ground stated in subsection (1)(b) or (g) applies; or

  • “(b) another ground stated in that subsection applies to the appellant and to every other person who is treated as a substitute for the offender.

  “(5) For the purposes of subsection (1),—

  • “(a) if the order was made in a District Court, the appeal must be brought in the High Court in accordance with the High Court Rules:

  • “(b) if the order was made in the High Court, the appeal must be brought in the Court of Appeal in accordance with the rules of court governing civil appeals to that court.

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

• “(1) This section applies if—

  • “(a) an offender commits an offence against section 36A(1)(a) or (c) of the Land Transport Act 1998 (the current offence); and

  • “(b) the offender has previously been convicted of an offence (the previous offence) against section 36A(1)(a) or (c) of the Land Transport Act 1998 committed within the period of 4 years before the commission of the current offence; and

  • “(c) the court by or before which the offender is convicted of the current offence is satisfied that a motor vehicle owned by the offender or by the substitute for the offender or in which the offender or the substitute has any interest was being driven by, or in the charge of, the offender at the material time; and

  • “(d) the court does not order the confiscation of the motor vehicle.

  “(2) The Registrar must—

  • “(a) check whether a financing statement has been registered in respect of the motor vehicle on the personal property securities register kept under the Personal Property Securities Act 1999; and

  • “(b) issue a warning notice stating that any motor vehicle owned by the offender or by the substitute for the offender or in which the offender or the substitute has an interest is liable to be confiscated and destroyed if the offender commits another offence against section 36A(1)(a) or (c) of the Land Transport Act 1998 before the expiry of 4 years from the commission of the previous offence; and

  • “(c) send the warning notice, by ordinary post, facsimile, email, or other electronic means to every person (other than the offender or the substitute) who the Registrar believes is a party to an encumbrance relating to the motor vehicle.

  “(3) The jurisdiction of a court to make a confiscation and destruction order under section 129A or 136(4) or the validity of any order made under those sections is not affected by a failure to comply with subsection (2).”

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

• “(1) This section applies if—

  • “(a) a person has been served with a written caution under section 129B in respect of an offender; and

  • “(b) after being served with the written caution, the person purports to dispose of his or her ownership interest or other interest in the motor vehicle described in the written caution; and

  • “(c) following that disposition, the offender is convicted of a further offence specified in section 128(1) involving that motor vehicle; and

  • “(d) it appears to the court that the offender does not own or have an interest in the motor vehicle.

  “(2) If the circumstances of the further offence described in subsection (1)(c) would, but for that disposition, enable the court to order the confiscation of the motor vehicle under section 128 or 129A on the basis that the person is a substitute for the offender, and the court is not satisfied that the disposition was made with a bona fide intention to dispose permanently of the person's ownership or interest in the motor vehicle,—

  • “(a) the court may, if it thinks fit, set the disposition aside; and

  • “(b) section 128 or 129A, as the case may be, applies as if the disposition by the person had not occurred.

  “(3) Before making an order under subsection (2), the court must give any person to whom the disposition of the motor vehicle was made an opportunity to be heard.”

• “(1) This section applies if, in any case to which any of section 128, 129, or 129A would otherwise apply, the offender or any substitute for the offender has, before the date of the offender’s conviction, ceased to be the owner of the motor vehicle or to have any interest in it.”

• “(b) section 128, 129, or 129A, as the case may be, applies as if the disposition by the offender or by the substitute for the offender had not occurred.”

• “(1) If a court makes a confiscation order under any of sections 128, 129, and 129A, it must specify in that order the time and place at which the offender or the substitute for the offender must surrender the motor vehicle to the Registrar or to a bailiff or constable.”

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

• “(1) This section applies in any case where a motor vehicle—

  • “(a) is subject to an order under any of sections 128(3), 129(3), 129A(3), and 136(4); but

  • “(b) has not yet been surrendered to, or seized by, a Registrar, bailiff, or constable.

  “(2) Every person commits an offence, and is liable on summary conviction to a fine not exceeding $2,000, who sells or disposes of the motor vehicle or any part of the motor vehicle.”

• “(4) If a court convicts a person of an offence against this section, then instead of, or in addition to, imposing a fine, the court may order that the motor vehicle concerned be confiscated and, where this section applies because of an order under section 129A, may also order that the motor vehicle be destroyed.

• “(5) If a court orders the confiscation, or the confiscation and destruction, of a motor vehicle under subsection (4), sections 130, 131 to 135, this section, and sections 136A to 142 apply accordingly.”

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

• If, under section 129A or 136(4), the court orders a motor vehicle to be confiscated and destroyed, a Registrar must, before the motor vehicle is sold, seek to have the registration of the motor vehicle cancelled by complying, so far as practicable, with the obligations imposed on an owner by section 27(1) of the Transport (Vehicle and Driver Registration and Licensing) Act 1986 taking, so far as practicable, any steps required to be taken, under the Land Transport Act 1998, for that purpose by the owner of, or the person who is registered in respect of, the motor vehicle.”

• “(3) Subject to subsection (4), the proceeds of the sale must be applied in the following manner and order of priority:

  • “(a) if the motor vehicle has been impounded under the Land Transport Act 1998, in paying any impoundment costs:

  • “(b) in payment of the costs of the sale (including all costs incurred in seizing the motor vehicle, towing and storing the vehicle, and complying with the provisions of this subpart preliminary to sale):

  • “(c) in satisfaction of any amount owed under any encumbrance brought to the notice of the Registrar within 1 month after the date of sale and established to the Registrar's satisfaction:

  • “(d) in payment of any sum known by the Registrar to be payable by the offender in respect of any fine, or under any sentence or order of reparation, imposed on the offender, or in payment of any court costs ordered to be paid by the offender:

  • “(d) in payment of any sentence or order of reparation payable by the offender:

  • “(da) in payment of any fine or court costs payable by the offender:

  • “(e) to the offender or, as the case requires, the substitute for the offender.

• “(4) If the proceeds arise out of the sale of a motor vehicle owned by a substitute for the offender or in which the substitute had an interest, the proceeds must be applied in the manner and order of priority specified in subsection (3), except that the payment described in paragraph paragraphs (d) and (da) of that subsection is are limited to sums imposed in respect of offences committed by the offender in a motor vehicle that, at the material time, was owned by the substitute or in which the substitute had an interest.”

“137A Certain sales conditional on dismantling and destruction

• “(1) This section applies if any motor vehicle sold under section 137 is subject to a confiscation and destruction order under section 129A or section 136(4).

  “(2) The sale of the motor vehicle is subject to a condition that the purchaser dismantle the motor vehicle for any saleable parts and destroy the remainder of the motor vehicle, to the satisfaction of the Registrar.

  “(3) The condition imposed by subsection (2) must be fulfilled within 30 working days after the date of the sale, or within any longer period that the Registrar specifies in writing.

  “(4) The property in the motor vehicle does not pass from the Crown to the purchaser until the condition imposed by subsection (2) has been fulfilled.

“137B Failure to comply with condition to dismantle and destroy

• “(1) Where the sale of a motor vehicle is subject to a condition imposed by section 137A(2) and that condition is not fulfilled within the appropriate time, the Registrar may require any person in possession of the motor vehicle to surrender it to the Registrar, or a bailiff or constable, at a specified time and place.

  “(2) If the person in possession of the motor vehicle fails to surrender the motor vehicle at the time and place specified by the Registrar, the court may issue a warrant in the prescribed form authorising the Registrar or any bailiff or constable to recover the motor vehicle.

  “(3) For the purpose of executing a warrant issued under subsection (2), the Registrar or bailiff or constable executing it may enter on any premises, by force if necessary, if that officer has reasonable cause to believe that the motor vehicle in respect of which the warrant is issued is on those premises.

  “(4) If any person is in actual occupation of the premises, the Registrar or bailiff or constable must, on entering, produce the warrant to that person.

  “(5) If a motor vehicle is surrendered to or recovered by any bailiff or constable under this section, that officer must, as soon as practicable, deliver it into the custody of the Registrar of the court.

  “(6) Sections 133 and 134 apply, with any necessary modifications, in respect of a motor vehicle surrendered or recovered under this section and to a warrant issued under this section.

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

• “(1) As soon as practicable after a motor vehicle is delivered into a Registrar’s custody under section 137B, the Registrar must arrange for the sale of the motor vehicle, and sections 137(1) and (2), 137A, and 137B apply to that sale with any necessary modifications.

  “(2) The proceeds of the sale must be applied in the following manner and order of priority:

  • “(a) in payment of the costs of the sale (including all costs incurred in recovering the motor vehicle, and towing and storing the vehicle):

  • “(b) in payment of the purchase price to the purchaser to whom the motor vehicle was sold under section 137:

  • “(c) in payment of any unsatisfied amounts described in section 137(3) in accordance with that section and with all necessary modifications.”

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

• “(1) If the amount realised from the sale of a motor vehicle under section 137 or its disposal under section 138 is less than the costs described in subsection (2), the offender is liable for the shortfall between that amount and those costs.

  “(2) The costs are,—

  • “(a) if the motor vehicle has been impounded under the Land Transport Act 1998, any impoundment costs; and

  • “(b) the costs of the sale (including all costs incurred in seizing the motor vehicle, towing and storing the vehicle, and complying with the provisions of this subpart preliminary to sale).

  “(3) Subsection (1) applies regardless of whether the offender owned or had an interest in the motor vehicle.

  “(4) Part 3 (except sections 84 and 85) of the Summary Proceedings Act 1957 or (as the case may require) sections 19 to 19F of the Crimes Act 1961 apply with any necessary modifications to any amount the offender is liable to pay under subsection (1) as if it were a fine.

  “(5) A certificate appearing to have been signed by the Registrar that, following the sale or disposal of a motor vehicle, the offender is liable to pay a sum under subsection (1) is, in the absence of proof to the contrary, sufficient evidence of the facts certified, without proof of the signature or office of the person appearing to have signed the certificate.”

“140 Lessor under leasing agreement may apply to Registrar

• “(1) The lessor (not being the offender or a substitute for the offender whose motor vehicle has been confiscated) under a leasing agreement of a confiscated motor vehicle (not being a motor vehicle that is to be destroyed under section 129A or section 136(4)) may apply to the Registrar, at any time before the Registrar has sold the motor vehicle, for the transfer of the motor vehicle to the lessor as if the offender or the substitute had breached the terms of the agreement.

  “(2) If subsection (1) applies, the Registrar may transfer the motor vehicle to the lessor accordingly.

  “(3) In the case of a motor vehicle that has been seized while impounded under the Land Transport Act 1998, the motor vehicle may not be transferred unless any impoundment costs are first paid into court.

  “(3) This section is subject to section 141A.

“141 Secured party may apply to court

• “(1) Any party (not being the offender or a substitute for the offender whose motor vehicle has been confiscated) to any encumbrance (other than a leasing agreement) over a confiscated motor vehicle may apply to the court, at any time before the Registrar has sold the motor vehicle, for an order under subsection (3).

  “(2) Subsection (1) does not apply to a motor vehicle that is to be destroyed under section 129A or 136(4).

  “(3) The court may, if it thinks fit, make an order—

  • “(a) directing the Registrar to transfer the motor vehicle to that other party; and

  • “(b) directing that party to sell the motor vehicle and account for the proceeds of sale in accordance with section 141B.

  “(4) This section is subject to section 141A.

“141A Certain payments required before transfers take effect

• “(1) An order for the transfer of a motor vehicle under section 140 or 141 does not take effect unless the following costs have been paid into court:

  • “(a) if the motor vehicle has been impounded under the Land Transport Act 1998, any impoundment costs:

  • “(b) any costs incurred in seizing, towing, and storing the motor vehicle.

  “(2) Any costs required to be paid by subsection (1) must be paid within 10 working days after the day on which the lessor or the secured party is notified of the Registrar's decision to transfer the vehicle, or within any longer period specified by the Registrar in writing.

  “(3) If the costs specified in subsection (1) are not paid within the time required by or under subsection (2), the Registrar may proceed with the sale of the vehicle under section 137.

“141B Application of proceeds of sale by secured party

• “(1) Every person to whom a motor vehicle is transferred under section 141 must, on disposing of the motor vehicle,—

  • “(a) account to the Registrar for the proceeds of the sale:

  • “(b) pay into court the proceeds of the sale, less any costs paid under section 141A, and—

    • “(i) if the encumbrance is a hire purchase agreement and the motor vehicle is used or was acquired for use primarily for personal, domestic, or household purposes, the amount of the costs and expenses of, and incidental to, the sale within the meaning of section 33 of the Credit (Repossession) Act 1997 and the amount required to settle the agreement under section 31 of that Act; or

    • “(ii) in any other case, the amount of the costs and expenses of, and incidental to, the sale within the meaning of section 33 of the Credit (Repossession) Act 1997 and the amount owed by the offender under the encumbrance.

  “(2) The Registrar must then apply the balance remaining in accordance with section 137(3)(d), (da), and (e) with all necessary modifications.”

• “(1) Any party (not being the offender or a substitute for the offender whose motor vehicle has been confiscated) to any encumbrance over a confiscated motor vehicle may apply to the court, at any time before the Registrar has sold the motor vehicle, for an order under subsection (2).

• “(1A) Subsection (1) does not apply to an encumbrance that is a leasing agreement or to a motor vehicle that is to be destroyed under section 129A or 136(4)).”

• “(2A) If a motor vehicle to be transferred under subsection (2) has been impounded under the Land Transport Act 1998, any impoundment costs must be paid before the motor vehicle is transferred.”

• “(2) In the circumstances described in subsection (1), the court—

  • “(a) must make an order prohibiting the offender from acquiring any interest in a motor vehicle within 12 months after the date of the confiscation order or confiscation and destruction order:

  • “(b) may make any other consequential order or orders that it thinks just and reasonable.

• “(3) Section 136 applies with any necessary modifications to an order made under subsection (2)(a).”

“93A Seizure and disposal of motor vehicles: application of sections 100A to 100V instead of sections 94 to 100

• Sections 94 to 100 do not apply to any property that is a motor vehicle; sections 100A to 100V apply instead.”

“Seizure, release, and sale of motor vehicles

“100A Interpretation

• “(1) In this section and in sections 100B to 100V, unless the context otherwise requires,—

  “encumbrance, in relation to a motor vehicle, includes—

  • “(a) a hire purchase agreement:

  • “(b) a leasing agreement:

  • “(c) any other agreement entered into between the defendant and another party under which the other party obtains or retains any interest in the motor vehicle

  “hire purchase agreement means a hire purchase agreement within the meaning of section YA 1 of the Income Tax Act 2007

  “impoundment costs, in relation to a motor vehicle that has been seized while impounded under section 96 or 96A of 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

  “leasing agreement does not include any agreement entered into between the defendant and the holder of a rental service licence under the Land Transport Act 1998

  “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

  “registered owner means the person registered under the Transport (Vehicle and Driver Registration and Licensing) Act 1986 as the owner of the motor vehicle, and where several persons are so registered, means any one of those persons

  “traffic offence means—

  • “(a) any offence against the Transport Act 1962, the Road User Charges Act 1977, the Transport (Vehicle and Driver Registration and Licensing) Act 1986, or the Land Transport Act 1998, or against any regulation or bylaw made under any of those Acts:

  • “(b) any offence against any regulation or bylaw made under any other Act if the offence relates to the use of motor vehicles or parking places or transport stations

  “use, in relation to a motor vehicle, means driving, or being in charge of, the motor vehicle

  “use, in relation to a motor vehicle, includes driving, drawing, towing, or propelling by means of another vehicle, and permitting to be on any road

  “written caution means a caution issued under section 100B.

  “(2) For the purposes of sections 100B to 100V, a person is, in relation to a defendant, a substitute for the defendant or a substitute if—

  • “(a) the person is served with a written caution, under section 100B, about the defendant's default in paying a fine for a traffic offence committed by the defendant; and

  • “(b) within 4 years after the date of the commission of the offence for which that written caution was served, the defendant commits a further traffic offence involving a motor vehicle that, at the time of the commission of that offence, the person owns or has an interest in.

  • “(b) within 4 years after the date of service of that written caution, the defendant defaults, and continues to be in default, on a further fine for a traffic offence committed while using a motor vehicle that, at the time of the commission of that offence, the person owned or had an interest in.

  “(3) For the purposes of sections 100B to 100V, a motor vehicle is owned by a person whether the person owns it solely or as a joint tenant or tenant in common with any other person.

  “(4) For the purposes of the exercise of any power, or the performance of any duty or function, under this Part, the registered owner of person who is registered in respect of a motor vehicle is taken to be the owner of the motor vehicle unless the person exercising the power or performing the duty or function is satisfied that the registered owner of the motor vehicle is not the owner of the motor vehicle person who is registered is not the owner of that motor vehicle.

  “(5) A reference in sections 100B to 100V to a person holding a motor vehicle as nominee for a defendant or for a substitute for the defendant is a reference to a person who purports to be the owner or who is the registered owner of person who is registered in respect of the motor vehicle but whose purported ownership or registration is subject to an understanding or arrangement that the person—

  • “(a) is not to acquire any rights, or only limited rights, in the motor vehicle; and

  • “(b) will, in relation to the motor vehicle, act on behalf of the defendant or the substitute for the defendant.

“100AB Purpose of sections 100B to 100V

• The purpose of sections 100B to 100V is—

  • “(a) to enable fines in default to be collected more effectively through the seizure of motor vehicles; and

  • “(b) in cases where the fines in default relate to traffic offending, to reduce opportunities for offending of that kind.

“100B Written caution to person holding interest in motor vehicle

• “(1) If a defendant defaults in paying any fine for a traffic offence committed while using a motor vehicle in which the defendant does not appear to have an interest, the Registrar may issue a written caution to any other order that a written caution be served on any person who appears to own or to have an interest in the motor vehicle.

  “(2) Despite subsection (1), a written caution is not to be issued served—

  • “(a) on anyone if the Registrar is satisfied that the motor vehicle—

    • “(i) was stolen or converted at the material time; or

    • “(ii) was let on hire at the material time in accordance with a rental service licence under the Land Transport Act 1998:

  • “(b) to on a person who the Registrar is satisfied is a party to an encumbrance relating to the motor vehicle but has no relationship of another kind with the offender.

  “(3) The written caution must state that any motor vehicle in which the other person has an interest is liable to be seized if the defendant defaults in paying a fine for any further traffic offence committed—

  • “(a) while using a motor vehicle in which the person has an interest as owner or otherwise; and

  • “(b) within 4 years after the date on which the written caution is served on the person.

  “(4) A written caution must provide the following information:

  • “(a) the name and identifying details of the defendant:

  • “(b) the relevant traffic fine that the defendant has defaulted in paying:

  • “(c) the identifying details of the motor vehicle in which the relevant traffic offence or traffic offences were committed:

  • “(d) that the recipient is believed to own or have an interest have owned or to have had an interest in the motor vehicle at the material time and that none of the reasons stated in subsection (2) for not issuing the written caution to the recipient has been established to the satisfaction of the Registrar:

  • “(e) the recipient’s right to seek a review of the Registrar’s decision to order the issue service of the written caution on the recipient.

  “(5) The written caution must be served personally on the other person by an employee or agent of the Ministry of Justice.

  “(5A) A written caution ordered to be served on a person must be served on the person in one of the following ways:

  • “(a) by being delivered to the person personally or by being brought to the person's notice if the person refuses to accept it:

  • “(b) by being left for the person at the person's place of residence with another person (other than the offender) who appears to be of or over the age of 14 years.

  “(5B) A written caution may be served by one of the following persons:

  • “(a) a Police employee:

  • “(b) an officer of the court:

  • “(c) any person who is authorised to serve the written caution under a general or particular authority given by a District Court Judge or Registrar:

  • “(d) any officer or employee of a corporation that is authorised by the Secretary for Justice to serve the written caution.

  “(6) An endorsement on a copy of a written caution stating the fact, the date, and the time of service and purporting to be signed by an employee or agent of the Ministry of Justice a person of the kind described in subsection (5B) is, in the absence of evidence to the contrary, sufficient proof of service of the written caution in accordance with subsection (5) this section.

“100C Review of written caution

• “(1) A person served with a written caution under section 100B may, within 20 working days after the date of service, apply to the Registrar who issued the written caution court for a review by a District Court Judge of the decision to serve the person, on 1 or more of the following grounds:

  • “(a) the motor vehicle was stolen or converted at the material time:

  • “(b) the person did not own or have an interest in the motor vehicle at the material time:

  • “(c) the person is a party to an encumbrance relating to the motor vehicle but has no relationship of another kind with the defendant:

  • “(d) the motor vehicle was let on hire at the material time in accordance with a rental service licence under the Land Transport Act 1998.

  “(2) Every application must include a statutory declaration that specifies a ground stated in subsection (1) and why that ground applies.

  “(3) The Judge must conduct the review on the papers unless the Judge considers that a hearing is necessary.

  “(4) If satisfied that 1 or more of the grounds stated in subsection (1) apply, the Judge must cancel the written caution so far as it applies to the applicant, and in that case the written caution is deemed not to have been served on the applicant.

  “(4) If satisfied that a ground stated in subsection (1) applies, the following provisions apply:

  • “(a) the court must cancel the written caution served on the applicant:

  • “(b) if the ground for cancelling the applicant's written caution is that stated in subsection (1)(a) or (d), the court must also cancel the written caution served on any other person under the same order that required service of the written caution on the applicant:

  • “(c) the Registrar must advise, by ordinary post, facsimile, email, or other electronic means, every person (other than the applicant) whose written caution is cancelled of that outcome:

  • “(d) if a written caution served on a person is cancelled, the written caution is deemed not to have been served on the person.

“100D Written caution of no effect if fine quashed or set aside

• “(1) If the fine in respect of which a written caution has been served on a person is quashed or set aside, the written caution ceases to have effect and is deemed not to have been served.

  “(2) If a written caution ceases to have effect under subsection (1), the Registrar must send, by ordinary post, facsimile, email, or other electronic means, a notice advising every person served with the written caution of that outcome.

“100E Seizure of motor vehicles

• “(1) In addition to the matters provided for by section 93(1), a warrant to seize property issued under section 83(2)(a), 87(1)(a), or 88(3)(a) also authorises the seizure of any motor vehicle in which the defendant or a substitute for the defendant has appears to have an ownership interest or other interest.

  “(2) For the purpose of executing any warrant to seize property, the bailiff or constable executing it may enter on any premises, by force if necessary, if that bailiff or constable has reasonable cause to believe that a motor vehicle is on the premises, being a motor vehicle that in which the defendant or a substitute for the defendant owns or has an interest in appears to have an ownership interest or other interest.

  “(3) If any person is in actual occupation of the premises, the bailiff or constable must, on entering, produce the warrant to that person.

  “(4) Where the fine is paid on the production of a warrant to seize property, the payment must be recorded on the warrant and the warrant is then of no further effect.

  “(5) Without limiting anything in section 100I, any bailiff or constable seizing a motor vehicle under a warrant to seize property may in the first place, instead of or while seizing the vehicle, immobilise the vehicle by attaching to the vehicle any device designed for that purpose.

  “(6) When a motor vehicle is seized, under a warrant to seize property, the bailiff or constable must forthwith give the defendant or the substitute a notice in the prescribed form—

  • “(a) identifying the motor vehicle seized; and

  • “(b) directing the defendant or the substitute for the defendant to notify the Registrar, within 7 days after the date of the seizure, whether the defendant or the substitute owns or has an interest in the motor vehicle and the name and address of any other person who owns or has an interest (including any encumbrance) in the motor vehicle.

  “(7) The notice required to be given by subsection (6) must be delivered to the defendant or the substitute, or left for the defendant or the substitute in a conspicuous place at the premises from which the motor vehicle is seized, or sent to the defendant or the substitute by ordinary post, fax facsimile, email, or other electronic means.

“100F Seizure of motor vehicles impounded under Land Transport Act 1998

• “(1) Any motor vehicle in which the defendant or a substitute for the defendant has appears to have an ownership interest or other interest may be seized under a warrant to seize property even if it is impounded under section 96 or 96A of the Land Transport Act 1998, as long as it has been impounded under that Act for at least 14 days.

  “(2) The power to seize a motor vehicle described in subsection (1) is not limited by any appeal pending under section 102 or 110 of the Land Transport Act 1998.

“100G Purposes of seizure

• “(1) A motor vehicle may be seized under this Part for the purpose of reducing opportunities for traffic offending, as well as for the purpose of recovering the fine that is in default.

  “(2) A motor vehicle may be seized under this Part even though the value of the vehicle, or the value of the interest that the defendant or any substitute for the defendant has in the vehicle, is likely to be less than the amount of the fine in default.

“100G Seizure not precluded by low value or low interest

• Consistent with the purpose stated in section 100AB, a motor vehicle may be seized in accordance with this Part even though the value of the vehicle, or the value of the interest that the defendant or any substitute for the defendant has, or appears to have, in the vehicle, is, or is likely to be, less than the fine in default.

“100H Seized motor vehicle to be retained by or for Registrar

• “(1) The bailiff or constable executing a warrant to seize property must ensure that a motor vehicle seized under the warrant is—

  • “(a) taken to the Registrar; or

  • “(b) if the Registrar so directs, taken to, or retained by, any person or at any place specified for the purpose by the Registrar.

  “(2) If any motor vehicle that is seized under a warrant to seize property fails to comply in any respect with section 5 of the Transport (Vehicle and Driver Registration and Licensing) Act 1986, the vehicle may, despite that Act or any other enactment, be towed to any place specified by the Registrar.

  “(2) If any motor vehicle that is seized under a warrant to seize property fails to comply in any respect with section 242 of the Land Transport Act 1998, then—

  • “(a) the vehicle may, despite that Act or any other enactment, be towed to any place specified by the Registrar; and

  • “(b) no person who seizes, retains, or disposes of the vehicle in accordance with this Act is under any criminal or civil liability merely because of the failure of the vehicle to comply with that section.

  “(3) The Registrar must ensure the seized motor vehicle is retained until the motor vehicle is sold or released in accordance with a determination of the Registrar or a District Court Judge.

“100I Immobilisation of motor vehicles

• “(1) Any bailiff or constable executing a warrant to seize property may, while seizing or instead of seizing any motor vehicle, immobilise the vehicle by attaching to the vehicle any device designed for the purpose, pending the payment of the fine in default.

  “(2) No motor vehicle may be immobilised under subsection (1) unless, at the time of its immobilisation, it is—

  • “(a) on private property; or

  • “(b) in a public place and the bailiff or constable is satisfied that immobilising the vehicle will not cause undue inconvenience to other persons.

  “(3) Where any motor vehicle is immobilised under subsection (1), any bailiff or constable—

  • “(a) may at any time seize the vehicle:

  • “(b) must, on the direction of a Registrar, seize the vehicle.

  “(4) When the motor vehicle is seized under subsection (3), section 100H applies accordingly.

  “(5) If, 14 days after the date of the immobilisation of any motor vehicle under subsection (1), the fine remains unpaid, the Registrar must direct a bailiff or constable to seize the vehicle.

  “(6) Every person commits an offence and is liable on summary conviction to a fine not exceeding $1,000 who, without reasonable excuse,—

  • “(a) tampers with, removes, or attempts to remove a device attached to a motor vehicle under subsection (1); or

  • “(b) removes, or attempts to remove,—

    • “(i) a motor vehicle to which a device is, or has been, attached; or

    • “(ii) any part of that vehicle; or

    • “(iii) any other property from that vehicle.

“100J Personal property securities register to be checked

• “(1) If a motor vehicle is seized under a warrant to seize property, the Registrar must, on the next working day after the vehicle is seized, check whether a financing statement has been registered in respect of the vehicle on the personal property securities register kept under the Personal Property Securities Act 1999.

  “(2) If a financing statement has been registered, the Registrar must forthwith notify the person named as the secured party in the financing statement of the following:

  • “(a) that the Registrar may, under section 100L, sell the motor vehicle after the expiration of 7 days from the date of seizure, if the fine remains unpaid and no claim has been made in respect of the vehicle by a person other than—

    • “(i) the defendant; or

    • “(ii) a substitute for the defendant; or

    • “(iii) a nominee for the defendant or the substitute:

  • “(b) of the rights that may be available to the person under sections 100M, 100S, and 100T.

“100K Release of vehicles if fine and other costs paid or if certain appeals successful

• “(1) If no claims under any of sections 100P, 100S, and 100T are pending in respect of a A motor vehicle that has been seized and is retained by the Registrar, the motor vehicle may be returned to the person from whom it was seized or to the person apparently lawfully entitled to it if the following are paid:

  • “(a) the fine:

  • “(b) if the motor vehicle has been impounded under section 96 or 96A of the Land Transport Act 1998, any impoundment costs:

  • “(c) all costs incurred in seizing, towing, and storing the motor vehicle.

  “(1A) Subsection (1) applies even though claims under any of sections 100P, 100S, and 100T are pending in respect of the motor vehicle.

  “(1B) If the motor vehicle has been seized from a substitute for the defendant, the only type of fines required to be paid under subsection (1)(a) are ones imposed in respect of traffic offences committed by the defendant in a motor vehicle that, at the time of the commission of the offence, was owned by the substitute or in which the substitute had an interest.

  “(2) If the motor vehicle has been seized while impounded under section 96 or 96A of the Land Transport Act 1998, the motor vehicle may not be released under subsection (1) before the day after the close of the 28-day period for which the vehicle would otherwise be required to be impounded under that Act.

  “(3) Subsection (2) is subject to section 100T(1)(a) and (3).

  “(4) Despite subsection (1), section 100L, and sections 100P to 100T, if an appeal, under section 102 or 110 of the Land Transport Act 1998, against the impoundment of the motor vehicle is allowed before the expiry of the 28-day period for which the vehicle would otherwise be required to be impounded under section 96 or 96A of the Land Transport Act 1998, the Registrar must release the vehicle to the registered owner of person who is registered in respect of the vehicle.

  “(5) Subsection (4) does not apply if the motor vehicle has already been released to a lessor or creditor under section 100S or 100T(1)(a) or been sold under section 100T(1)(b).

“100L Sale of motor vehicle seized

• “(1) If any fine remains unpaid, any motor vehicle seized under a warrant to seize property may, after the expiry of the relevant period specified in subsection (2), be sold at public auction or in any other manner directed by a District Court Judge or the Registrar, and the purchaser of the motor vehicle so sold obtains, by virtue of this section, good title to the motor vehicle despite the interests of the owner or any other person in the motor vehicle before the sale.

  “(2) The relevant period referred to in subsection (1) is 7 days after the day on which the motor vehicle was seized or, if the motor vehicle was seized while impounded under section 96 or 96A of the Land Transport Act 1998, the later of—

  • “(a) the day after the close of the 28-day period for which the motor vehicle would otherwise be required to be impounded under that Act; or

  • “(b) the expiry of 8 days after the day on which the motor vehicle was seized.

  “(3) A motor vehicle may be sold under this section even though it fails to comply in any respect with section 5 of the Transport (Vehicle and Driver Registration and Licensing) Act 1986 section 242 of the Land Transport Act 1998, and the purchaser of that motor vehicle—

  • “(a) is, despite that Act or any other enactment, entitled to tow the motor vehicle to any appropriate place; and

  • “(ab) in so towing the vehicle, is under no criminal or civil liability merely because of the failure of the vehicle to comply with that section; and

  • “(b) must comply in all respects with that Act as soon as the motor vehicle has been towed to that place.

  “(4) If the Registrar considers that a motor vehicle is not roadworthy and that it would be uneconomic to render it roadworthy, the Registrar must, before the motor vehicle is sold under this section, seek to have the registration of the motor vehicle cancelled by complying, so far as practicable, with the obligations imposed on an owner by section 27(1) of the Transport (Vehicle and Driver Registration and Licensing) Act 1986 taking, so far as practicable, any steps required to be taken, under the Land Transport Act 1998, for that purpose by the owner of, or by the person who is registered in respect of, the motor vehicle.

  “(5) The sale of a motor vehicle that has been seized while impounded under section 96 or 96A of the Land Transport Act 1998 is not affected by any appeal that is pending after the 28-day period for which the motor vehicle would otherwise be required to be impounded under that Act or by any appeal that is determined after that period.

  “(6) If, in respect of a motor vehicle that has been seized while impounded under section 96 or 96A of the Land Transport Act 1998, any impoundment costs remain outstanding on the 38th day after the day on which the motor vehicle was impounded, the Registrar may, whether or not the fine has been paid, order that the motor vehicle be sold.

  “(6) In any case where a motor vehicle has been seized while impounded under section 96 or 96A of the Land Transport Act 1998, the vehicle may be sold under this section (even if the fine and all costs incurred in seizing, towing, and storing the vehicle have been paid) if any impoundment costs are not paid within—

  • “(a) 10 days after the close of the 28-day period for which the vehicle would otherwise be required to be impounded under that Act; or

  • “(b) any longer period specified by the Registrar in writing.

  “(7) The sale of a motor vehicle by the Registrar is deferred by a pending claim in respect of the motor vehicle only if the costs of storage have been paid under section 100M or a deposit has been paid, or security has been provided, under section 100P.

“100M Registrar must defer sale if storage costs paid

• The defendant or a claimant to the motor vehicle Any person may pay into court the costs incurred by the court in storing the a motor vehicle for at least 8 days and as long as those costs, and any recurring storage costs, are paid, the Registrar must defer the sale of the motor vehicle.

“100N Application of proceeds of sale

• “(1) When a motor vehicle is sold under section 100L, the proceeds of the sale must be applied in the following manner and order of priority:

  • “(a) if the motor vehicle has been impounded under section 96 or 96A of the Land Transport Act 1998, in payment of any impoundment costs:

  • “(b) in payment of the costs of the sale (including all costs incurred in seizing, towing, and storing the motor vehicle, and complying with the provisions of this Part preliminary to sale):

  • “(c) in satisfaction of any amount owed under any encumbrance established, before the proceeds of the sale are fully applied, to the satisfaction of the Registrar or a District Court Judge:

  • “(d) in payment of any sentence or order of reparation imposed on payable by the defendant:

  • “(e) in payment of the fine specified in the warrant:

  • “(f) to the defendant or, as the case requires, to the substitute for the defendant.

  “(2) If the proceeds arise out of the sale of a motor vehicle owned by a substitute for the defendant or in which the substitute had an interest, the proceeds must be applied in the manner and order of priority specified in subsection (1), except that the payments described in paragraph (d) or (e) of that subsection are limited to sums amounts imposed in respect of traffic offences committed by the defendant in a motor vehicle that, at the material time of the commission of the offence, was owned by the substitute or in which the substitute had an interest.

  “(3) The Judge may, on application or on his or her own initiative, give any directions as to the application of the proceeds of sale under this section.

“100O Remission of fine and costs of sale in certain cases

• “(1) This section applies where a sale of a motor vehicle under section 100L (other than a sale ordered under section 100T(1)(b) 100T(1)(a) or (b)) does not result in a reduction of the defendant's fine by more than $100.

  “(2) If this section applies, the Registrar—

  • “(a) must remit the costs of the sale of the motor vehicle, as described in section 100N(1)(a) and (b); and

  • “(b) must remit—

    • “(i) the entire fine in default, in any case where the amount of that fine is $100 or smaller:

    • “(ii) $100 less any proceeds of that sale that have been applied towards paying the fine, in any case where the fine in default is greater than $100.

  “(3) The reference to fine in subsection (2)(b) does not include any reparation that the defendant is liable to pay, but includes any court costs and other costs that have been added to that reparation.

“100P Release of motor vehicle to certain owners

• “(1) If satisfied that the defendant does not own the seized motor vehicle, the Registrar or a District Court Judge must release the motor vehicle to a person who satisfies the Registrar or the Judge that the person—

  • “(a) is the owner of the motor vehicle; and

  • “(b) is not a substitute for the defendant; and

  • “(c) is not a nominee for the defendant or the substitute.

  “(2) If a person other than the defendant claims to own the motor vehicle and the Registrar is not satisfied of the matters specified in subsection (1), the Registrar must issue a summons calling before the court the claimant and the defendant, and, in that event, any action brought in respect of the claim is stayed.

  “(3) Where a summons has been, or is to be, issued under subsection (2), the Registrar may release the motor vehicle to the defendant or to the substitute for the defendant if a deposit is paid or security is provided for whichever is the lesser of—

  • “(a) the value of the seized motor vehicle; or

  • “(b) the fine in default, including the seizure costs, the costs of storage, costs incurred in seizing, towing, and storing the motor vehicle, and any impoundment costs.

  “(4) If, on the determination of the claim, the claim is dismissed, the amount of the deposit or the amount obtained from the security may be applied as if it were the proceeds of the sale of the motor vehicle.

  “(5) If the motor vehicle was seized while impounded under section 96 or 96A of the Land Transport Act 1998, the motor vehicle may not be released under this section unless any impoundment costs are first paid into court and the 28-day impoundment period has expired.

  “(5) In any case where a motor vehicle has been seized while impounded under section 96 or 96A of the Land Transport Act 1998, the motor vehicle—

  • “(a) may not be released under this section unless—

    • “(i) the 28-day period for which the vehicle would otherwise be required to be impounded under that Act has expired; and

    • “(ii) any impoundment costs have been paid into court within 10 days after the close of that period or within any longer period specified by the Registrar in writing; and

  • “(b) may be sold under section 100L if those costs are not paid in accordance with paragraph (a)(ii).

“100Q Appeal against Challenge of seizure by persons treated as substitutes

• “(1) If a motor vehicle is seized on the basis that the person who owns, or appears to own, it, or has, or appears to have, an interest in it, is a substitute for the defendant, that person may, within 7 days after the date of the seizure, appeal against apply to a District Court Judge to challenge the seizure on 1 or more of the following grounds:

  • “(a) the person did not own or have an interest in the motor vehicle at the material time:

  • “(b) the motor vehicle was stolen or converted at the material time:

  • “(c) the person took all reasonable steps to prevent the defendant from committing the traffic offence or traffic offences:

  • “(d) the person had not, prior to the commission of the relevant traffic offence, been served with a written caution under section 100B in relation to the defendant:

  • “(e) the person is a party to an encumbrance relating to the motor vehicle but has no relationship of another kind with the defendant:

  • “(f) the motor vehicle was let on hire at the material time in accordance with a rental service licence under the Land Transport Act 1998.

  “(2) Every application must include a statutory declaration that specifies a ground stated in subsection (1) and why that ground applies.

  “(3) The Judge must consider the application on the papers unless the Judge considers that a hearing is necessary.

  “(4) The Judge may order the return of the motor vehicle if satisfied that—

  • “(a) a ground stated in subsection (1)(b) or (f) applies; or

  • “(b) another ground stated in that subsection applies to the applicant and to every other person who is treated as a substitute for the defendant.

“100R Determination of claim by owners

• “(1) In determining a claim under section 100P(3), a District Court Judge may, if the motor vehicle has not yet been sold, release the motor vehicle to the claimant if satisfied that—

  • “(a) the defendant does not have an interest in the motor vehicle; and

  • “(b) the claimant is not a substitute for the defendant; and

  • “(c) the claimant owns the motor vehicle neither as nominee for the defendant nor for the substitute.

  “(2) The Judge may, if the motor vehicle has not yet been sold, release the motor vehicle to a person whose motor vehicle was seized because the person was taken to be a substitute for the defendant if satisfied that 1 or more of the following grounds apply:

  • “(a) the person did not own or have an interest in the motor vehicle at the material time:

  • “(b) the motor vehicle was stolen or converted at the material time:

  • “(c) the person is a party to an encumbrance relating to the motor vehicle but has no relationship of another kind with the defendant:

  • “(d) the motor vehicle was let on hire at the material time in accordance with a rental service licence under the Land Transport Act 1998.

  “(3) The Judge may ask any claimant to satisfy the Judge that any agreement, transfer, or change in registration or ownership is genuine if the Judge has reason to question whether the claimant is a nominee for the defendant or any substitute for the defendant.

  “(4) A person who claims to have acquired a motor vehicle from the defendant after the commission of any offence or after the taking of any enforcement action against the defendant must satisfy the Judge that the transaction on which the acquisition was based was genuine.

  “(5) In the case of a motor vehicle that has been seized while impounded under section 96 or 96A of the Land Transport Act 1998, the motor vehicle may not be released unless any impoundment costs are first paid into court and the 28-day impoundment period has expired.

  “(5) In any case where the motor vehicle has been seized while impounded under section 96 or 96A of the Land Transport Act 1998, the motor vehicle—

  • “(a) may not be released under this section unless—

    • “(i) the 28-day period for which the vehicle would otherwise be required to be impounded under that Act has expired; and

    • “(ii) any impoundment costs have been paid into court within 10 days after the close of that period or within any longer period specified by the Registrar in writing; and

  • “(b) may be sold under section 100L if those costs are not paid in accordance with paragraph (a)(ii).

  “(6) If the claimant succeeds in the claim to the motor vehicle,—

  • “(a) any deposit paid or security provided by the claimant must be returned to the claimant; and

  • “(b) a District Court Judge may order the defendant to reimburse the claimant for any costs the claimant has paid into court under section 100M.

“100S Lessor under leasing agreement may apply to Registrar

• “(1) The lessor (not being the defendant or a substitute for the defendant or a nominee for the defendant or the substitute) under a leasing agreement of a seized motor vehicle may apply to the court, at any time before the Registrar has sold the motor vehicle, for the release of the motor vehicle to the lessor as if the defendant or the substitute for the defendant or the nominee for the defendant or the substitute had breached the terms of the agreement.

  “(2) If subsection (1) applies, the Registrar or a District Court Judge may release the motor vehicle to the lessor.

  “(3) The Registrar or a Judge may order the lessor to pay the costs incurred in seizing, towing, and storing the motor vehicle.

  “(4) In the case of a motor vehicle that has been seized while impounded under section 96 or 96A of the Land Transport Act 1998, the motor vehicle may not be released unless any impoundment costs are first paid into court.

  “(5) A motor vehicle may also be released under subsection (2) if it has been seized while impounded under section 96 or 96A of the Land Transport Act 1998 even though the 28-day period of impoundment for which the motor vehicle would otherwise be required to be impounded under that Act has not yet expired.

  “(6) This section is subject to section 100TA.

  “Compare: 2002 No 9 s 140

“100T Claims by creditors

• “(1) Where, on an application or on his or her own initiative, the Registrar or a District Court Judge is satisfied that a person (not being the defendant or a substitute for the defendant) is a creditor under an encumbrance (other than a leasing agreement) over the seized motor vehicle, the Registrar or Judge may, if the motor vehicle has not yet been sold,—

  • “(a) release the motor vehicle to the creditor and direct the creditor to sell the motor vehicle and account for the proceeds of sale in accordance with subsection (6)section 100TB; or

  • “(b) order the sale of the motor vehicle under section 100L.

  “(2) In the case of a motor vehicle that has been seized while impounded under section 96 or 96A of the Land Transport Act 1998, the motor vehicle may not be released unless any impoundment costs are first paid into court.

  “(3) A motor vehicle may also be released under subsection (1)(a) if it has been seized while impounded under section 96 or 96A of the Land Transport Act even though the 28-day period of impoundment for which the motor vehicle would otherwise be required to be impounded under that Act has not yet expired.

  “(4) The Registrar or a Judge may order the creditor to pay the costs incurred in seizing, towing, and storing the motor vehicle.

  “(5) A purchaser of a motor vehicle that is sold to the purchaser in compliance with a direction under subsection (1)(a) obtains, by virtue of this section, good title to the motor vehicle despite the interests of the owner or any other person in the motor vehicle before the sale.

  “(6) The creditor—

  • “(a) must account to the Registrar for the proceeds of the sale of the motor vehicle; and

  • “(b) may retain out of those proceeds the actual and reasonable costs of the sale and any amount owed to the creditor under the encumbrance concerned; and

  • “(c) must pay into court any balance of those proceeds.

  “(7) The Registrar must apply that balance in accordance with section 100N, with all necessary modifications.

  “(8) This section is subject to section 100TA.

“100TA Certain payments required before release to lessor or creditor takes effect

• “(1) An order for the release of a motor vehicle under section 100S(2) or 100T(1)(a) does not take effect unless the following costs have been paid into court:

  • “(a) if the motor vehicle has been impounded under the Land Transport Act 1998, any impoundment costs:

  • “(b) any costs incurred in seizing the motor vehicle, towing, and storing the motor vehicle, and complying with the provisions of this subpart.

  “(2) Any costs required to be paid by subsection (1) must be paid within 10 working days after the day on which the lessor or creditor is notified of the decision to release the vehicle, or within any longer period specified by the Registrar in writing.

  “(3) If the costs specified in subsection (1) are not paid in accordance with subsection (2), the motor vehicle may be sold under section 100L.

“100TB Application of proceeds of sale by creditor

• “(1) Every person to whom a motor vehicle is released under section 100T(1)(a) must, on disposing of the motor vehicle,—

  • “(a) account to the Registrar for the proceeds of the sale:

  • “(b) pay into court the proceeds of the sale, less any costs paid under section 100TA, and—

    • “(i) if the encumbrance is a hire purchase agreement and the motor vehicle is used or was acquired for use primarily for personal, domestic, or household purposes, the amount of the costs and expenses of, and incidental to, the sale within the meaning of section 33 of the Credit (Repossession) Act 1997 and the amount required to settle the agreement under section 31 of that Act; or

    • “(ii) in any other case, the amount of the costs and expenses of, and incidental to, the sale within the meaning of section 33 of the Credit (Repossession) Act 1997 and the amount owed by the offender under the encumbrance.

  “(2) The Registrar must then apply the balance remaining in accordance with section 100N(2)(d) to (f) with all necessary modifications.

“100U Failure by creditor to sell or account for proceeds

• “(1) If the creditor fails to comply with a direction under section 100T(1)(a), the Registrar must issue, in the prescribed form, a warrant to recover property and the motor vehicle may be recovered under that warrant as property of the defendant or the substitute for the defendant, and section 100E applies in respect of the motor vehicle with all necessary modifications.

  “(2) As soon as practicable after a motor vehicle is delivered into a Registrar’s custody under subsection (1), the Registrar must arrange for the sale of the motor vehicle and apply the proceeds of sale in accordance with section 100N(1) or, as the case requires, in accordance with a direction under section 100N(3).

  “(3) A creditor who fails, in whole or in part, to pay into court the money required under section 100T(6)(c) 100TB(1) is liable to the Crown for any amount not paid, and that amount may be recovered from the creditor as a debt due to the Crown.

“100V Compensation to person with interest in motor vehicle sold

• “(1) This section applies if—

  • “(a) a person (other than the defendant or a substitute for the defendant or a nominee for the defendant or the substitute) suffers loss through the sale under section 100L of a motor vehicle in which the person had an interest; and

  • “(b) the defendant or the substitute had not before the sale notified the Registrar of the person's interest in the property.

  “(2) If this section applies, a Judge may, on the application of that person, order the defendant to pay to the person compensation in respect of the loss.

  “(3) Subsection (1) does not limit or affect any other remedy that a person may have in respect of loss referred to in that subsection.”