Sentencing Act 2002

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

142: Order may be cancelled on application by bona fide purchaser

You could also call this:

"You can ask a court to cancel a confiscation order if you bought something without knowing it was used in a crime."

Illustration for Sentencing Act 2002

If you buy a car in good faith without knowing it was involved in a crime, you can ask the court to cancel a confiscation order. The court will cancel the order if they are satisfied you bought the car without knowing about the crime. You can make this application to the court at any time after the person who committed the crime has been convicted. The court can also make an order that stops the person who committed the crime from owning a car for 12 months. They can make other orders if they think it is just and reasonable. If the court makes an order like this, the rules in section 136 will apply, with any necessary changes.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM136872.


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

142Order may be cancelled on application by bona fide purchaser

  1. On application to it by any person, the court must cancel a confiscation order (including a confiscation and destruction order under section 129A or 136(4)) made in respect of a motor vehicle if it is satisfied that, at any time after the conviction of the offender, that person purchased the motor vehicle in good faith without knowledge of the conviction.

  2. In the circumstances described in subsection (1), the court—

  3. must make an order prohibiting the offender from acquiring any interest in a motor vehicle within 12 months after the date of the confiscation order or confiscation and destruction order:
    1. may make any other consequential order or orders that it thinks just and reasonable.
      1. Section 136 applies with any necessary modifications to an order made under subsection (2)(a).

      Compare
      Notes
      • Section 142(1): amended, on , by section 20(1) of the Sentencing (Vehicle Confiscation) Amendment Act 2009 (2009 No 37).
      • Section 142(2): replaced, on , by section 20(2) of the Sentencing (Vehicle Confiscation) Amendment Act 2009 (2009 No 37).
      • Section 142(3): inserted, on , by section 20(2) of the Sentencing (Vehicle Confiscation) Amendment Act 2009 (2009 No 37).