Sentencing Act 2002

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

138: Disposal of unsaleable confiscated vehicle

You could also call this:

"What happens to a confiscated car that can't be sold"

Illustration for Sentencing Act 2002

If you have a car that is confiscated and can't be sold, the Registrar can get rid of it in any way they think is best. The Registrar can do this if they think the car is unsaleable and it was given to them under section 132 or section 137B. They have to follow the rules of the Land Transport Act 1998 when getting rid of the car.

When the Registrar wants to get rid of a car, they have to apply to cancel the car's registration before they can get rid of it. This is so the new owner of the car can have a clear title to the vehicle. The new owner gets to own the car without anyone else having a claim to it.

If the Registrar gets rid of a car under this rule, the person who gets the car owns it fully and has a clear title. This means they can use the car without worrying about someone else saying it belongs to them. You get to own the car free of any other interests in the vehicle.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM136867.


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137C: Sale of motor vehicle surrendered or recovered under section 137B, or

"Selling a car that's been taken or given up to pay debts"


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138A: Offender liable for outstanding costs of seizure, storage, and sale, or

"You must pay costs for seizing and selling a vehicle if the sale doesn't cover them."

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

138Disposal of unsaleable confiscated vehicle

  1. If the Registrar has reasonable grounds to believe that a motor vehicle that is delivered into his or her custody under section 132 or 137B is unsaleable, the Registrar may dispose of the vehicle in any manner he or she thinks fit.

  2. If the Registrar proposes to dispose of a motor vehicle under subsection (1), the Registrar—

  3. is, for the purposes of the Land Transport Act 1998 and any regulations made under it, entitled to apply for the cancellation of the registration of the motor vehicle; and
    1. must make that application before the disposal of the motor vehicle.
      1. The person to whom a motor vehicle is disposed of under this section obtains, by virtue of this section, good title to the motor vehicle free of all ownership interests and other proprietary interests held in the motor vehicle before that disposition.

      Notes
      • Section 138(1): amended, on , by section 17 of the Sentencing (Vehicle Confiscation) Amendment Act 2009 (2009 No 37).
      • Section 138(2): inserted, on , by section 30 of the Sentencing Amendment Act 2011 (2011 No 47).
      • Section 138(3): inserted, on , by section 30 of the Sentencing Amendment Act 2011 (2011 No 47).