Form 11A
Warning notice to secured party

Section 129F, Sentencing Act 2002

Note: In this form, illegal street racing offence means an offence against section 36A(1)(a) or (c) of the Land Transport Act 1998.

Make and model:

Year of first registration:

Registration number:

• 1 [Full name, address, occupation, date of birth] (the offender) was convicted on [date] of an offence against section 36A(1)(a)/36A(1)(c)* of the Land Transport Act 1998 involving this vehicle by the High Court/District Court* at [place].

  *Select one.

• 2 Omit this paragraph if it does not apply.

  The following substitute/substitutes* for the offender has/have* an interest in the vehicle:

  [For each substitute, specify full name, address, occupation, and date of birth.]

  *Select one.

• 3 This is the second illegal street racing offence committed by the offender within 4 years.

• 4 On [date], the High Court/District Court* at [place] convicted the offender of an offence against section 36A(1)(a)/36A(1)(c)* of the Land Transport Act 1998 (the previous offence).

  *Select one.

• 5 The previous offence was committed on [date].

• 6 You are warned that the court may, in accordance with section 129A of the Sentencing Act 2002, order that any vehicle that the offender/a substitute* owns or in which the offender/a substitute* has an interest (including a vehicle other than the vehicle involved in the current offence or the previous offence) be confiscated and destroyed if—

  • (a) the offender commits another illegal street racing offence before the expiry of 4 years from the commission of the previous offence; and

  • (b) the offender is driving or in charge of that vehicle at the material time.

  *Select one.

Form 11B
Written caution

Section 129B, Sentencing Act 2002

Note: In this form, illegal street racing offence means an offence against section 36A(1)(a) or (c) of the Land Transport Act 1998.

• 1 [Full name, address, occupation, date of birth] (the offender) was convicted on [date] of [offence] (the current offence) by the High Court/District Court* at [place].

  *Select one.

• 2 The current offence was committed on [date].

• 3 At the material time, the offender was driving or in charge of the following vehicle that you are believed to own or have an interest in:

  Make and model:

  Year of first registration:

  Registration number:

• 4 The court is not satisfied that any of the exceptions from service of a written caution in section 129B(3) of the Sentencing Act 2002 apply to you.*

  *The exceptions in section 129B(3) of the Sentencing Act 2002 are the same as grounds (a) to (d) outlined below under Right of review.

• 5 You are warned that the court may order that any vehicle that you own or in which you have an interest (including a vehicle other than the vehicle involved in the current offence) be confiscated in accordance with section 128 of the Sentencing Act 2002 if—

  • (a) the offender commits another offence specified in section 128(1) of the Sentencing Act 2002 (including an illegal street racing offence) within 4 years after the commission of the current offence; and

  • (b) the offender is driving or in charge of that vehicle at the material time.

Complete Part B only if the current offence is an illegal street racing offence.

• 6 For this paragraph select the statement that applies.

• Statement A

• The offence committed by the offender on this occasion is an illegal street racing offence.

• Statement B

• The offence committed by the offender on this occasion is—

  • (a) an illegal street racing offence; and

  • (b)  the second illegal street racing offence committed by the offender within 4 years.

• On [date], the High Court/District Court* at [place] convicted the offender of an offence against section 36A(1)(a)/36A(1)(c)* of the Land Transport Act 1998 (the previous offence).

  *Select one.

• The previous offence was committed on [date].

• 7 For this paragraph select the statement that applies.

• Statement A (Select this statement if the current offence is the first illegal street racing offence committed by the offender within the last 4 years.)

• The offender will have committed 3 illegal street racing offences within 4 years if the offender commits 2 further illegal street racing offences within 4 years after [date of commission of current offence].

• Statement B (Select this statement if the current offence is the second illegal street racing offence committed by the offender within the last 4 years.)

• The offender will have committed 3 illegal street racing offences within 4 years if the offender commits 1 further illegal street racing offence within 4 years after [date of commission of previous offence].

• 8 You are warned that the court may order that any vehicle that you own or in which you have an interest (including a vehicle other than the vehicle involved in the current offence) may be confiscated and destroyed in accordance with section 129A of the Sentencing Act 2002 if—

  • (a) the offender commits 3 illegal street racing offences within 4 years; and

  • (b) at the material time (in respect of the third illegal street racing offence) the offender is driving or in charge of that vehicle.

You have the right to seek a review of the decision to serve you with this written caution on 1 or more of the following grounds:

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

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

• (c) you are a party to an encumbrance (eg, a hire purchase agreement) relating to the motor vehicle but have no other relationship to 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.

To apply for a review, you must send an application to the court that issued this caution within 20 working days of the date that this written caution was served on you. Your application must include a statutory declaration stating why 1 or more of the grounds above applies. You may use form 61 of the Summary Proceedings Regulations 1958 as a guide on how to make your application. The Summary Proceedings Regulations 1958 are available online at www.legislation.govt.nz.

Form 12
Warrant for confiscation of motor vehicle

Section 132(2), Sentencing Act 2002

To every constable and every bailiff, and to the Registrar of the High Court/District Court* at [place]

• 1 [Full name, address, occupation, date of birth] (the offender) was convicted on [date] of [offence] by the High Court/District Court* at [place].

  *Select one.

• 2 Omit this paragraph if it does not apply.

  At the material time the offender was driving or in charge of a vehicle in which [full name, address, occupation, date of birth] (the substitute) has an interest.

• 3 On [date], an order was made by the High Court/District Court* at [place] for the confiscation of the following motor vehicle in which the offender/substitute* has an interest:

  Make and model:

  Year of first registration:

  Registration number:

  *Select one.

• 4 Under the confiscation order, the offender/substitute* was required to surrender the motor vehicle to a constable or bailiff or the Registrar at [place, date, time].

  *Select one.

• 5 The offender/substitute* has failed to surrender the motor vehicle.

  *Select one.

• 6 I direct you, unless the motor vehicle is sooner surrendered to a constable or bailiff or the Registrar, to seize the motor vehicle and to deliver it into the custody of the Registrar of the High Court/District Court* at [place].

  *Select one.

Form 13
Warrant for recovery of motor vehicle

Section 137B(2), Sentencing Act 2002

To every constable and every bailiff, and to the Registrar of the High Court/District Court* at [place]

• 1 On [date], an order was made by the High Court/District Court* at [place] for the confiscation and destruction of the following motor vehicle:

  Make and model:

  Year of first registration:

  Registration number:

  *Select one.

• 2 The vehicle was sold to [full name, address, occupation, date of birth] (the purchaser) on [date].

• 3 The sale was subject to a condition that the vehicle be dismantled for any saleable parts and the remainder destroyed to the satisfaction of the Registrar within 30 working days or any longer period specified in writing by the Registrar.

• 4 The purchaser did not comply with this condition of sale and the person in possession of the vehicle was required to surrender the vehicle to a constable or bailiff or the Registrar at [place, date, time].

• 5 The person has failed to surrender the motor vehicle.

• 6 I direct you, unless the motor vehicle is sooner surrendered to a constable or bailiff or the Registrar, to seize the motor vehicle and to deliver it into the custody of the Registrar of the High Court/District Court* at [place].

  *Select one.