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Sentencing Act 2002

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

136: Offender must not acquire new interest in motor vehicle for 12 months

You could also call this:

"No new cars for 12 months if the court takes yours away"

Illustration for Sentencing Act 2002

If a court takes away your motor vehicle, you must not buy or get a new one for 12 months. This rule applies if the court takes away your vehicle under sections like section 128, 129, or 129A. It also applies if the court says you cannot have a vehicle for 12 months.

If you get a new vehicle within 12 months, you will break the law. You can get a fine of up to $500 if you break this law. The court can also take away the new vehicle and might destroy it, especially if the original order was made under section 129A.

If the court takes away the new vehicle, other rules will apply, like those in sections 129EA, 130, 131 to 135, this section, and sections 136A to 142.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM136865.

Topics:
Crime and justice > Criminal lawCrime and justice > Courts and legal help
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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."

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136A: Registrar must apply for deregistration of motor vehicle subject to confiscation and destruction order, or

"Court orders a car destroyed, Registrar must cancel its registration."

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

136Offender must not acquire new interest in motor vehicle for 12 months

  1. This section applies if—

  2. a court makes an order for the confiscation of a motor vehicle under any of sections 128, 129, and 129A; or
    1. a court has made an order under section 131(2)(a) prohibiting an offender from acquiring a motor vehicle for 12 months.

      1. The offender must not, within 12 months after the date of the order, acquire any interest in any motor vehicle.

      2. A person commits an offence and is liable on conviction to a fine not exceeding $500 who acquires any interest in a motor vehicle in contravention of subsection (2).

      3. If a court convicts a person of an offence against this section, then instead of, or in addition to, imposing a fine, the court may order that the motor vehicle concerned be confiscated and, where this section applies because of an order under section 129A, may also order that the motor vehicle be destroyed.

      4. If a court orders the confiscation, or the confiscation and destruction, of a motor vehicle under subsection (4), sections 129EA, 130, 131 to 135, this section, and sections 136A to 142 apply accordingly.

      Compare
      Notes
      • Section 136(1)(a): amended, on , by section 13(1) of the Sentencing (Vehicle Confiscation) Amendment Act 2009 (2009 No 37).
      • Section 136(3): amended, on , by section 7 of the Sentencing Amendment Act (No 2) 2011 (2011 No 93).
      • Section 136(4): replaced, on , by section 13(2) of the Sentencing (Vehicle Confiscation) Amendment Act 2009 (2009 No 37).
      • Section 136(5): replaced, on , by section 13(2) of the Sentencing (Vehicle Confiscation) Amendment Act 2009 (2009 No 37).
      • Section 136(5): amended, on , by section 25 of the Sentencing Amendment Act 2011 (2011 No 47).