Sentencing Act 2002

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

139: Procedure if notice given that vehicle subject to security agreement

You could also call this:

"What happens if someone says a confiscated car is still being paid for"

If someone tells the Registrar that a confiscated car is subject to a security agreement, the Registrar must do something. You need to tell the Registrar before the car is sold and the money is used. If you do this, the Registrar will call the person who made the claim to come to court. The court will follow some rules, like the ones in the High Court Rules 2016 or section 179 of the District Court Act 2016. The Registrar has to issue a summons to the person making the claim, and the court will deal with it according to these rules.

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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=DLM136868.

Topics:

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

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."

140: Lessor may apply to Registrar, or

"If your rented car is taken, you can ask to get it back if it's not being destroyed."

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

139Procedure if notice given that vehicle subject to security agreement

If notice is given to the Registrar before the proceeds of sale are fully applied under section 137 that the confiscated motor vehicle is subject to a security agreement and the claim is not established to the Registrar's satisfaction, the Registrar must issue a summons calling before the court the party making the claim.
The following provisions apply to every summons issued under subsection (1) so far as they are applicable and with the necessary modifications:
the provisions of the High Court Rules 2016 relating to interpleader by an officer executing a writ or other order; or
as the case may require, section 179 of the District Court Act 2016.

Compare

1985 No 120 s 87(4)

Notes

Section 139 heading: amended, on 1 August 2012, by section 32(1) of the Sentencing Amendment Act 2011 (2011 No 47).
Section 139(1): amended, on 1 August 2012, by section 32(2)(a) of the Sentencing Amendment Act 2011 (2011 No 47).
Section 139(1): amended, on 1 August 2012, by section 32(2)(b) of the Sentencing Amendment Act 2011 (2011 No 47).
Section 139(2)(a): amended, on 18 October 2016, by section 183(c) of the Senior Courts Act 2016 (2016 No 48).
Section 139(2)(b): amended, on 1 March 2017, by section 261 of the District Court Act 2016 (2016 No 49).