Sentencing Act 2002

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

130: Court may order declaration of ownership to be completed

You could also call this:

"The court can ask you to fill out a form saying who owns something."

If you are in court and the judge is thinking about taking away your car, you might have to fill out a form. This form is called a declaration of ownership. You have to say if you own the car or have any interest in it. You also have to say if someone else owns the car or has any interest in it, like a loan or a lease. You need to tell the court if you used to own the car but do not anymore, and what happened to your interest in the car. If you got rid of your interest in the car, you have to say who you gave it to, how you are related to that person, and what you got in return. The court can keep you for up to 2 hours to fill out this form. If the court does not make you fill out this form, it does not change any other decisions the court makes.

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This page was last updated on 26 June 2025

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM136859.

Topics:

Crime and justice > Criminal lawCrime and justice > Courts and legal help

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

"Warning to car owners and lenders if you get caught street racing again and might lose your car."

130A: Court may disregard disposal of motor vehicle by person after written caution, or

"Court can ignore what you do with a vehicle after a warning if you're trying to avoid trouble"

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

130Court may order declaration of ownership to be completed

If a court is considering whether to order the confiscation of a motor vehicle under section 128, 129, or 129A, the court may order that the offender complete a declaration of ownership before ordering the confiscation.
The declaration of ownership must specify—
whether the offender owns, or has any interest in, the motor vehicle at the date of conviction; and
whether any other person owns, or has any interest (including any security interest or lease) in, the motor vehicle at the date of conviction and, if so, the name of that person and the nature of that interest; and
whether the offender has ceased to be the owner of, or to have any interest in, the motor vehicle at any time subsequent to the commission of the offence but before the date of his or her conviction; and
if the offender has disposed of his or her interest in the motor vehicle during the period referred to in paragraph (c), to whom the ownership or interest in the motor vehicle was disposed, the relationship of that person to the offender, and the consideration received by the offender.

For the purposes of having a declaration of ownership completed by the offender, the court may direct that the offender be detained in the custody of the court for a period, not exceeding 2 hours, that may be necessary to complete the declaration of ownership.
If a court does not make an order under this section, that does not affect the validity of any other order of the court.

Compare

1985 No 120 s 84(2B)–(2E)

Notes

Section 130(1): amended, on 1 December 2009, by section 8(1) of the Sentencing (Vehicle Confiscation) Amendment Act 2009 (2009 No 37).
Section 130(2)(b): amended, on 1 August 2012, by section 22 of the Sentencing Amendment Act 2011 (2011 No 47).
Section 130(2)(b): amended, on 1 December 2009, by section 8(2) of the Sentencing (Vehicle Confiscation) Amendment Act 2009 (2009 No 37).