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Sentencing Act 2002

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

141: Secured party may apply to court

You could also call this:

"Someone with a security agreement can ask the court for a confiscated vehicle"

Illustration for Sentencing Act 2002

If a court confiscates a motor vehicle, you might be able to apply to the court if you have a security agreement over the vehicle. You can do this at any time before the vehicle is sold or disposed of. The court can make an order to transfer the vehicle to you or to sell the vehicle and give you the money from the sale, as explained in section 141B.

The court will follow rules to decide which party gets the vehicle if more than one party applies. These rules are in Part 7 or Part 8 of the Personal Property Securities Act 1999.

If the court orders the vehicle to be sold, the person who buys it will own the vehicle and not have to worry about any other interests in the vehicle. This is subject to section 141A.

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

141Secured party may apply to court

  1. Any party (not being the offender or a substitute for the offender whose motor vehicle has been confiscated) to a security agreement over a confiscated motor vehicle may apply to the court, at any time before the Registrar has sold or disposed of the motor vehicle, for an order under subsection (3).

  2. Subsection (1) does not apply to a motor vehicle that is to be destroyed under section 129A or 136(4).

  3. The court may, if it thinks fit, make an order—

  4. directing the Registrar to transfer the motor vehicle to that other party; and
    1. directing that party to sell the motor vehicle and account for the proceeds of sale in accordance with section 141B.

      1. If 2 or more secured parties have applied for an order under subsection (3), then the court must transfer the motor vehicle to the secured party with the highest-ranking security interest under the order of priority determined by Part 7 or 8 of the Personal Property Securities Act 1999.

      2. Subsection (3) is subject to section 141A.

      3. The person to whom a motor vehicle is sold under a direction given under subsection (3)(b) 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 sale.

      Notes
      • Section 141: replaced, on , by section 19 of the Sentencing (Vehicle Confiscation) Amendment Act 2009 (2009 No 37).
      • Section 141(1): amended, on , by section 35(1) of the Sentencing Amendment Act 2011 (2011 No 47).
      • Section 141(1): amended, on , by section 35(2) of the Sentencing Amendment Act 2011 (2011 No 47).
      • Section 141(3A): inserted, on , by section 35(4) of the Sentencing Amendment Act 2011 (2011 No 47).
      • Section 141(4): amended, on , by section 35(3) of the Sentencing Amendment Act 2011 (2011 No 47).
      • Section 141(5): inserted, on , by section 35(5) of the Sentencing Amendment Act 2011 (2011 No 47).