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Sentencing Act 2002

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

129: Confiscation of motor vehicle after subsequent offence

You could also call this:

"The court can take away your car if you commit another driving offence after already having one."

Illustration for Sentencing Act 2002

If you commit a driving offence, like those listed in the Land Transport Act 1998, and you have committed a similar offence before, the court might take your car away. This can happen if your first offence was on or after 26 July 1996, and you commit another offence within four years. The court will take your car if it was being driven by you, or in your care, when the second offence happened.

The court does not have to take your car if it would cause you or someone else a lot of hardship. It also does not have to take your car if an interlock device is fitted to it. But if your second offence is against section 52A(1)(a) or (b) of the Land Transport Act 1998, the court must either take your car or order it to be forfeited to the government.

A conviction for a driving offence under the Transport Act 1962 is treated the same as a conviction under the Land Transport Act 1998 for the purposes of this law.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM136853.

Topics:
Crime and justice > Criminal lawCrime and justice > Courts and legal helpTransport and travel > Driving
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128: Confiscation of motor vehicle, or

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

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129A: Confiscation and destruction after third illegal street racing offence, or

"Losing your car for a third street racing offence"

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

129Confiscation of motor vehicle after subsequent offence

  1. This section applies if,—

  2. on or after 26 July 1996, a person commits an offence (the first offence) against any of sections 32(1)(a) or (b), 35(1)(a) or (b), 36(1), 36AA, 36A(1)(a) or (c), 39(1), 52(6), 52A(1), 56(1) or (2), 57A(1), 57B(1), 57C(1), 58(1), 60(1), 61(1) or (2), or 62(1) of the Land Transport Act 1998 (which relate to driving offences) or section 171 of the Crimes Act 1961 (but only where the manslaughter involved the use of a motor vehicle); and
    1. within 4 years after the date of the commission of that offence, the person commits a subsequent offence against any of those provisions of the Land Transport Act 1998.

      1. For the purpose of subsection (1), it does not matter whether or not the subsequent offence is of the same kind as the first offence, but it must be an offence that arises from a different incident from the one that gave rise to the first offence.

      2. If the court by or before which the offender is convicted of the subsequent offence is satisfied that any motor vehicle owned by the offender or in which the offender has any interest was being driven by, or in the charge of, the offender at the material time, the court must order that the motor vehicle be confiscated.

      3. Despite subsection (3), the court must not make an order under that subsection if—

      4. it will result in extreme hardship to the offender or undue hardship to any other person; or
        1. an interlock is or is to be fitted to the motor vehicle.

          1. Despite subsection (3), if the subsequent offence is against section 52A(1)(a) or (b) of the Land Transport Act 1998, the court must—

          2. make a confiscation order under subsection (3); or
            1. order that the vehicle be forfeited to the Crown under section 142AAB.

              1. For the purposes of this section, a conviction for an offence against a provision of the Transport Act 1962 that corresponds to an offence specified in subsection (1) must be treated as a conviction for an offence specified in that subsection.

              Compare
              Notes
              • Section 129 heading: amended, on , by section 105(3) of the Land Transport Amendment Act 2017 (2017 No 34).
              • Section 129(1)(a): amended, on , by section 43(2) of the Land Transport (Drug Driving) Amendment Act 2022 (2022 No 5).
              • Section 129(1)(a): amended, on , by section 105(4) of the Land Transport Amendment Act 2017 (2017 No 34).
              • Section 129(1)(a): amended, on , by section 100(2) of the Land Transport (Road Safety and Other Matters) Amendment Act 2011 (2011 No 13).
              • Section 129(1)(a): amended, on , by section 17(a) of the Sentencing Amendment Act 2004 (2004 No 68).
              • Section 129(1)(a): amended, on , by section 17(b) of the Sentencing Amendment Act 2004 (2004 No 68).
              • Section 129(1)(a): amended, on , by section 17(c) of the Sentencing Amendment Act 2004 (2004 No 68).
              • Section 129(1)(a): amended, on , by section 11(1) of the Land Transport (Unauthorised Street and Drag Racing) Amendment Act 2003 (2003 No 11).
              • Section 129(1)(b): amended, on , by section 105(5) of the Land Transport Amendment Act 2017 (2017 No 34).
              • Section 129(2): amended, on , by section 105(6) of the Land Transport Amendment Act 2017 (2017 No 34).
              • Section 129(3): amended, on , by section 105(7) of the Land Transport Amendment Act 2017 (2017 No 34).
              • Section 129(4): replaced, on , by section 110(1) of the Land Transport Amendment Act 2017 (2017 No 34).
              • Section 129(4A): inserted, on , by section 41 of the Land Transport (Road Safety) Amendment Act 2023 (2023 No 62).