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Sentencing Act 2002

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

129C: Review of written caution

You could also call this:

"Checking if a written warning was fair"

Illustration for Sentencing Act 2002

If you get a written caution, you can ask the court to review it. You have 20 working days to do this. You can ask for a review if you think the caution was wrong. This might be because the car was stolen, you did not own the car, you were renting it out under a rental service licence from the Land Transport Act 1998, or you had a special agreement about the car but were not involved with the person who did something wrong.

When you ask for a review, you must include a special document that says why you think the caution was wrong. The court will look at your application and might ask the other side to comment. The court will then make a decision based on the papers, unless they think a hearing is needed.

If the court agrees with you, they will cancel the written caution. They might also cancel cautions given to other people. The court will let everyone know what they decided, and if a caution is cancelled, it is like it never happened.

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This page was last updated on

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM2602506.

Topics:
Crime and justice > Courts and legal helpCrime and justice > Criminal law
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129B: Written caution to persons with interest in motor vehicles involved in offences, or

"Warning to car owners if their vehicle is used in a crime"

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129D: Written caution of no effect if conviction quashed, or

"A written warning is cancelled if you're found not guilty after all."

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

129CReview of written caution

  1. A person served with a written caution may, within 20 working days after the date of service, apply to the court that ordered the service of the written caution for a review of the decision to serve the applicant on 1 or more of the following grounds:

  2. the motor vehicle was stolen or converted at the material time:
    1. the applicant did not own or have an interest in the motor vehicle at the material time:
      1. the applicant is a secured party under a security agreement relating to the motor vehicle, or the lessor of the motor vehicle under a lease, but has no relationship of another kind with the offender:
        1. the motor vehicle was let on hire at the material time in accordance with a rental service licence under the Land Transport Act 1998.

          1. Every application must include a statutory declaration that specifies a ground stated in subsection (1) and why that ground applies.

          2. The Registrar must promptly forward a copy of the application to the prosecuting agency in the proceeding that resulted in the relevant conviction.

          3. The prosecuting agency may, within 10 working days after the day on which the copy of the application is forwarded to the agency, make a written submission to the court.

          4. The court must conduct the review on the papers, unless the court considers a hearing necessary.

          5. If satisfied that a ground stated in subsection (1) applies, the following provisions apply:

          6. the court must cancel the written caution served on the applicant:
            1. if the ground for cancelling the applicant's written caution is that stated in subsection (1)(a) or (d), the court must also cancel the written caution served on any other person under the same order that required service of the written caution on the applicant:
              1. the Registrar must advise, by ordinary post, facsimile, email, or other electronic means, every person (including the applicant) whose written caution is cancelled of that outcome:
                1. if a written caution served on a person is cancelled, the written caution is deemed not to have been served on the person.

                  Notes
                  • Section 129C: inserted, on , by section 7 of the Sentencing (Vehicle Confiscation) Amendment Act 2009 (2009 No 37).
                  • Section 129C(1)(c): replaced, on , by section 18 of the Sentencing Amendment Act 2011 (2011 No 47).