Sentencing Act 2002

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

131: If motor vehicle has been disposed of, court may prohibit offender from acquiring another motor vehicle

You could also call this:

"Court can stop you owning a car for a year if you've done something wrong with a vehicle"

Illustration for Sentencing Act 2002

If you have done something wrong with a motor vehicle, the court can take it away from you. This can happen if you are no longer the owner of the vehicle or do not have any interest in it when you are found guilty. The court can stop you from owning another motor vehicle for 12 months.

If you got a new motor vehicle after you did something wrong, the court can take that one away too. The court can do this if you got the new vehicle before you were found guilty. You are not allowed to get rid of a motor vehicle to avoid the court taking it away.

If the court thinks you got rid of the motor vehicle to avoid punishment, they can ignore that you got rid of it. Then the court can take the vehicle away, even if you do not own it anymore, by using section 128, 129, or 129A. The court must listen to the person you gave the vehicle to before making a decision.

The court can make an order to stop you from getting another motor vehicle if they think it is fair. You will not be able to own a motor vehicle for 12 months if the court makes this order. The court can also take away a new motor vehicle you got after you did something wrong.

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 It might be out of date or be missing some parts.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=DLM136860.


Previous

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"


Next

132: Enforcement of confiscation order, or

"What happens if a court orders you to give up something you own, like a car, and you don't hand it over"

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

131If motor vehicle has been disposed of, court may prohibit offender from acquiring another motor vehicle

  1. This section applies if, in any case to which any of section 128, 129, or 129A would otherwise apply, the offender or any substitute for the offender has, before the date of the offender’s conviction, ceased to be the owner of the motor vehicle or to have any interest in it.

  2. The court may—

  3. make an order prohibiting the offender from acquiring any interest in any motor vehicle within 12 months after the date of the order; and
    1. if the offender or the substitute for the offender has, at any time after the commission of the offence but before the date of his or her conviction, become the owner of any motor vehicle or acquired any interest in any motor vehicle, order that that motor vehicle be confiscated.
      1. If the court is not satisfied that the disposition of the motor vehicle was made by the offender or the substitute for the offender with a bona fide intention to dispose permanently of his or her ownership or interest in the vehicle,—

      2. the court may, if it thinks fit, set the disposition aside; and
        1. section 128, 129, or 129A, as the case may be, applies as if the disposition by the offender or by the substitute for the offender had not occurred.
          1. Before making an order under subsection (3), the court must give any person to whom the disposition of the motor vehicle was made an opportunity to be heard.

          Compare
          Notes
          • Section 131(1): replaced, on , by section 10(1) of the Sentencing (Vehicle Confiscation) Amendment Act 2009 (2009 No 37).
          • Section 131(2)(b): amended, on , by section 10(2) of the Sentencing (Vehicle Confiscation) Amendment Act 2009 (2009 No 37).
          • Section 131(3): amended, on , by section 10(3) of the Sentencing (Vehicle Confiscation) Amendment Act 2009 (2009 No 37).
          • Section 131(3)(b): replaced, on , by section 10(4) of the Sentencing (Vehicle Confiscation) Amendment Act 2009 (2009 No 37).