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Sentencing Act 2002

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

140: Lessor may apply to Registrar

You could also call this:

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

If you are the lessor of a confiscated motor vehicle, you can apply to the Registrar to have the vehicle transferred to you. This can happen if the vehicle is not going to be destroyed under section 129A or 136(4). You can do this at any time before the Registrar sells or disposes of the vehicle.

The Registrar may transfer the vehicle to you if you apply. When the vehicle is transferred to you, the lease is cancelled.

This rule is subject to section 141A.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM136869.

Topics:
Crime and justice > Criminal lawHousing and property > Renting
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Part 2Sentences, orders, and related matters
Discharge and miscellaneous orders: Confiscation of motor vehicles

140Lessor may apply to Registrar

  1. The lessor (not being the offender or a substitute for the offender whose motor vehicle has been confiscated) under a lease of a confiscated motor vehicle (not being a motor vehicle that is to be destroyed under section 129A or 136(4)) may apply to the Registrar, at any time before the Registrar has sold or disposed of the motor vehicle, for the transfer of the motor vehicle to the lessor as if the offender or the substitute had breached the terms of the lease.

  2. If subsection (1) applies, the Registrar may transfer the motor vehicle to the lessor accordingly.

  3. On the transfer of the motor vehicle under subsection (2) to the lessor, the lease is cancelled.

  4. This section is subject to section 141A.

Notes
  • Section 140: replaced, on , by section 19 of the Sentencing (Vehicle Confiscation) Amendment Act 2009 (2009 No 37).
  • Section 140 heading: amended, on , by section 33(1) of the Sentencing Amendment Act 2011 (2011 No 47).
  • Section 140(1): amended, on , by section 33(2)(a) of the Sentencing Amendment Act 2011 (2011 No 47).
  • Section 140(1): amended, on , by section 33(2)(b) of the Sentencing Amendment Act 2011 (2011 No 47).
  • Section 140(1): amended, on , by section 33(2)(c) of the Sentencing Amendment Act 2011 (2011 No 47).
  • Section 140(2A): inserted, on , by section 33(3) of the Sentencing Amendment Act 2011 (2011 No 47).