Hon Judith Collins
Government Bill
42—2
As reported from the Transport and Industrial Relations Committee
Commentary
Key
1 Title
2 Commencement
Part 1Amendments to Sentencing Act 2002
3 Principal Act amended
4 Purpose
5 Interpretation of terms used in sections 128 to 142
6 Confiscation of motor vehicle
7 Confiscation of motor vehicle after second offence
8 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
9 Court may order declaration of ownership to be completed
10 New section 130A inserted
130A Court may disregard disposal of motor vehicle by person after written caution
11 If motor vehicle has been disposed of, court may prohibit offender from acquiring another motor vehicle
12 Enforcement of confiscation order
12A 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 Party with interest may apply to court
21 Order may be cancelled on application by bona fide purchaser
22 Transitional provisions
Part 2Amendments to Summary Proceedings Act 1957
23 Principal Act amended
24 Purpose
25 New section 93A inserted
93A Seizure and disposal of motor vehicles: application of sections 100A to 100V instead of sections 94 to 100
26 Seizure and delivery of property
27 Sections 94A and 94B repealed
28 New heading and sections 100A to 100V inserted
Seizure, release, and sale of motor vehicles
100A Interpretation
100AB Purpose of sections 100B to 100V
100B Written caution to person holding interest in motor vehicle
100C Review of written caution
100D Written caution of no effect if fine quashed or set aside
100E Seizure of motor vehicles
100F Seizure of motor vehicles impounded under Land Transport Act 1998
100G Purposes of seizure
100G Seizure not precluded by low value or low interest
100H Seized motor vehicle to be retained by or for Registrar
100I Immobilisation of motor vehicles
100J Personal property securities register to be checked
100K Release of vehicles if fine and other costs paid or if certain appeals successful
100L Sale of motor vehicle seized
100M Registrar must defer sale if storage costs paid
100N Application of proceeds of sale
100O Remission of fine and costs of sale in certain cases
100P Release of motor vehicle to certain owners
100Q Challenge of seizure by persons treated as substitutes
100R Determination of claim by owners
100S Lessor under leasing agreement may apply to Registrar
100T Claims by creditors
100TA Certain payments required before release to lessor or creditor takes effect
100TB Application of proceeds of sale by creditor
100U Failure by creditor to sell or account for proceeds
100V Compensation to person with interest in motor vehicle sold
28A Transitional provisions relating to Transport (Vehicle and Driver Registration and Licensing) Act 1986
28B Transitional provisions relating to pre-commencement fines and warrants
Part 3Amendment to Privacy Act 1993
29 Principal Act amended
30 Schedule 5 amended
ScheduleSchedule 5 amended
Legislative history
The Parliament of New Zealand enacts as follows: