129EAppeal against confiscation by persons treated as substitutes

1. If the court orders, under section 128 or 129A, the confiscation of a motor vehicle on the basis that the person who owns it, or has an interest in it, is a substitute for the offender, that person may, within 20 working days after the date of the order, or within any further time that the appropriate court allows, appeal to the appropriate court against the order on 1 or more of the following grounds:

2. the motor vehicle was stolen or converted at the material time:
3. the appellant did not own or have an interest in the motor vehicle at the material time:
4. the appellant 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:
5. the motor vehicle was let on hire at the material time in accordance with a rental service licence under the Land Transport Act 1998:
6. the appellant took all reasonable steps to prevent the offender from committing the offence or offences:
7. the appellant had not, before the commission of the offence or offences, been served with a written caution under section 129B in relation to the offender:
8. the appellant did not know, and could not reasonably have known, that the offender would commit the offence or offences:
9. confiscation of the motor vehicle is causing, or will cause, undue hardship to the appellant or any other person (other than the offender).

10. The appellant must serve the notice of appeal on—

11. the prosecuting agency in the proceeding that resulted in the relevant conviction; and
12. any other person treated as a substitute or who owns or has an interest in the motor vehicle.

13. The persons described in subsection (2) are parties to the appeal.

14. The right of appeal under subsection (1) is independent of the offender's right of appeal against conviction and sentence for the relevant offence or offences.

15. The court must set aside the confiscation of the motor vehicle if satisfied that—

16. a ground stated in subsection (1)(a), (d), or (h) applies; or
17. another ground stated in that subsection applies to the appellant and to every other person who is treated as a substitute for the offender.

18. For the purposes of subsection (1),—

19. if the order was made in the District Court, the appeal must be brought in the High Court in accordance with the High Court Rules 2016:
20. if the order was made in the High Court, the appeal must be brought in the Court of Appeal in accordance with the rules of court governing civil appeals to that court.