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Sentencing Act 2002

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

134: Defect in warrant does not make action unlawful

You could also call this:

"Mistakes in a warrant don't automatically make taking something illegal"

Illustration for Sentencing Act 2002

If you have a car taken away from you under section 132 of the Sentencing Act 2002, it is not illegal just because there is something wrong with the warrant. You cannot say the person who took your car is a trespasser just because of a problem with the warrant. If the person taking your car does something wrong after taking it, you still cannot say they were a trespasser from the start. However, if you are affected by a problem with the warrant or something the person did wrong, you can take action to get compensation for any special damage you suffered.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM136863.

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Crime and justice > Criminal lawCrime and justice > Courts and legal help
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133: Offence to remove confiscated vehicle, or

"It's an offence to take a confiscated vehicle without permission"

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135: Registrar may direct order to be enforced in another office of District Court, or

"A court can enforce an order in a different court office if it's more convenient."

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

134Defect in warrant does not make action unlawful

  1. No confiscation made under the authority of section 132 is unlawful, and no person making a confiscation under the authority of section 132 is a trespasser, because of any defect or want of form in the warrant of confiscation.

  2. No person making a confiscation under the authority of section 132 is a trespasser from the beginning because of any irregularity afterwards committed by that person.

  3. Despite subsections (1) and (2), a person aggrieved by a defect or irregularity referred to in those subsections may recover satisfaction for the special damage by action at law.

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