Plain language law

New Zealand law explained for everyone

Sentencing Act 2002

Sentences, orders, and related matters - Discharge and miscellaneous orders - Confiscation of motor vehicles

127: Interpretation of terms used in sections 128 to 142

You could also call this:

"What special words mean in the Sentencing Act's rules about vehicles"

Illustration for Sentencing Act 2002

When talking about sections 128 to 142 of the Sentencing Act 2002, you need to know what some words mean. A constable is what the Policing Act 2008 says it is. A hire purchase agreement is when you rent something with the option to buy it, or when you buy something by paying for it a little at a time.

If a motor vehicle is taken away from you, you might have to pay some costs, like towing and storage fees, which are called impoundment costs. Interest means having a part of something, like a car. A lease is when you pay to use something, but you do not own it.

A motor vehicle is a car or other vehicle, but not a trailer. The person who is registered is the person whose name is on the registration papers for the vehicle. A Police employee is what the Policing Act 2008 says it is. A secured party is what the Personal Property Securities Act 1999 says it is.

For the purposes of sections 128 to 142, if you own a motor vehicle with someone else, you are still considered the owner. You can also be considered a substitute for someone who has committed an offence, if you get a written caution about that offence and then the person commits another offence involving a motor vehicle that you own or have an interest in.

This text is automatically generated. It might be out of date or be missing some parts. Find out more about how we do this.

This page was last updated on

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM136837.

Topics:
Crime and justice > Criminal lawCrime and justice > Courts and legal helpTransport and travel > Driving
Previous

126: Provisions of Land Transport Act 1998 apply if offender disqualified under section 124, or

"Rules from the Land Transport Act 1998 apply if you're banned from driving under section 124"

Next

128: Confiscation of motor vehicle, or

"The court can take away your car if you use it to commit a serious crime."

Part 2Sentences, orders, and related matters
Discharge and miscellaneous orders: Confiscation of motor vehicles

127Interpretation of terms used in sections 128 to 142

  1. For the purposes of this section and sections 128 to 142, unless the context otherwise requires,—

    constable has the meaning given to it in section 4 of the Policing Act 2008

      hire purchase agreement means—

      1. an agreement under which goods are let or hired with an option to purchase, however the agreement describes the payments, under which the person who agrees to purchase the goods is given possession of them before the total amount payable has been paid:
        1. an agreement for the purchase of goods by instalment payments, however the agreement describes the payments, under which the person who agrees to purchase the goods is given possession of them before the total amount payable has been paid

          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

            interest means any proprietary interest, whether legal or equitable, and whether vested or contingent

              lease does not include a hire purchase agreement or a rental service agreement to which the holder of a rental service licence under the Land Transport Act 1998 is a party

                motor vehicle means a motor vehicle within the meaning of section 2(1) of the Land Transport Act 1998; but does not include a trailer

                  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

                    Police employee has the meaning given to it in section 4 of the Policing Act 2008

                      secured party has the meaning given to it in section 16 of the Personal Property Securities Act 1999, except that the reference to security interest is a reference to security interest as defined by this subsection

                        security agreement has the meaning given to it in section 16 of the Personal Property Securities Act 1999, but does not include a lease

                          security interest has the meaning given to it in section 17 of the Personal Property Securities Act 1999, but does not include a lease

                            written caution means a caution issued under section 129B.

                            1. For the purposes of sections 128 to 142, a motor vehicle is owned by an offender whether the offender owns it solely or as a joint tenant or tenant in common with any other person.

                            2. 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—

                            3. the person is served with a written caution, under section 129B, about an offence committed by the offender; and
                              1. 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.

                                Compare
                                Notes
                                • Section 127(1) constable: inserted, on , by section 15(4) of the Sentencing Amendment Act 2011 (2011 No 47).
                                • Section 127(1) encumbrance: repealed, on , by section 15(1) of the Sentencing Amendment Act 2011 (2011 No 47).
                                • Section 127(1) hire purchase agreement: replaced, on , by section 15(2) of the Sentencing Amendment Act 2011 (2011 No 47).
                                • Section 127(1) impoundment costs: inserted, on , by section 5(1) of the Sentencing (Vehicle Confiscation) Amendment Act 2009 (2009 No 37).
                                • Section 127(1) lease: inserted, on , by section 15(3) of the Sentencing Amendment Act 2011 (2011 No 47).
                                • Section 127(1) leasing agreement: repealed, on , by section 15(3) of the Sentencing Amendment Act 2011 (2011 No 47).
                                • Section 127(1) person who is registered: inserted, on , by section 5(1) of the Sentencing (Vehicle Confiscation) Amendment Act 2009 (2009 No 37).
                                • Section 127(1) Police employee: inserted, on , by section 15(4) of the Sentencing Amendment Act 2011 (2011 No 47).
                                • Section 127(1) secured party: inserted, on , by section 15(4) of the Sentencing Amendment Act 2011 (2011 No 47).
                                • Section 127(1) security agreement: inserted, on , by section 15(4) of the Sentencing Amendment Act 2011 (2011 No 47).
                                • Section 127(1) security interest: inserted, on , by section 15(4) of the Sentencing Amendment Act 2011 (2011 No 47).
                                • Section 127(1) written caution: inserted, on , by section 5(1) of the Sentencing (Vehicle Confiscation) Amendment Act 2009 (2009 No 37).
                                • Section 127(3): inserted, on , by section 5(2) of the Sentencing (Vehicle Confiscation) Amendment Act 2009 (2009 No 37).