Sentencing Act 2002

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

132: Enforcement of confiscation order

You could also call this:

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

If a court decides to take away a motor vehicle, it will tell you when and where to give it to the Registrar or a bailiff or constable. You must surrender the vehicle at the specified time and place. If you do not, the court will issue a warrant to take the vehicle away.

The Registrar or a bailiff or constable can enter any premises to take the vehicle if they think it is there. They can use force if necessary. If someone is at the premises, the Registrar or bailiff or constable must show them the warrant.

If a bailiff or constable takes the vehicle, they must give it to the Registrar as soon as possible. The court made this decision under sections 128, 129, and 129A of the Sentencing Act.

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 It might be out of date or be missing some parts.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 26 June 2025

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM136861.

Topics:

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

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

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

132A: Offence to sell or dispose of motor vehicle subject to confiscation order, or

"Selling a car that's supposed to be taken away by the law is against the law"

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

132Enforcement of confiscation order

If a court makes a confiscation order under any of sections 128, 129, and 129A, it must specify in that order the time and place at which the offender or the substitute for the offender must surrender the motor vehicle to the Registrar or to a bailiff or constable.
If the offender or the substitute for the offender fails to surrender the motor vehicle in accordance with the order, the court must issue a warrant in the prescribed form authorising the Registrar or any bailiff or constable to confiscate the motor vehicle.
For the purpose of executing a warrant of confiscation issued under this section, the Registrar or bailiff or constable executing it may enter on any premises, by force if necessary, if that officer has reasonable cause to believe that the motor vehicle in respect of which the warrant is issued is on those premises.
If any person is in actual occupation of the premises, the Registrar or bailiff or constable must, on entering, produce the warrant to that person.
Repealed
If a motor vehicle is surrendered to or seized by any bailiff or constable under this section, that officer must, as soon as practicable, deliver it into the custody of the Registrar of the court.

Compare

1985 No 120 s 84(5)–(8), (10)

Notes

Section 132(1): replaced, on 1 December 2009, by section 11(1) of the Sentencing (Vehicle Confiscation) Amendment Act 2009 (2009 No 37).
Section 132(2): amended, on 1 December 2009, by section 11(2) of the Sentencing (Vehicle Confiscation) Amendment Act 2009 (2009 No 37).
Section 132(5): repealed, on 1 August 2012, by section 23 of the Sentencing Amendment Act 2011 (2011 No 47).