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Sentencing Act 2002

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

129F: Warning notice to secured parties if confiscation not ordered for second illegal street racing offence

You could also call this:

"Warning to car owners and lenders if you get caught street racing again and might lose your car."

Illustration for Sentencing Act 2002

If you commit a second offence against section 36A(1)(a) or (c) of the Land Transport Act 1998 and the court does not take away your car, the court will check some things. You must have committed the first offence within four years before the second offence, and you must have been driving or in charge of a car you own or have an interest in. The Registrar checks if someone has a financial interest in your car by looking at the Personal Property Securities Act 1999 register. The Registrar sends a warning notice to people who have a financial interest in your car, telling them it could be taken away if you commit another offence against section 36A(1)(a) or (c) of the Land Transport Act 1998 within four years.

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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=DLM2602509.

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

129FWarning notice to secured parties if confiscation not ordered for second illegal street racing offence

  1. This section applies if—

  2. an offender commits an offence against section 36A(1)(a) or (c) of the Land Transport Act 1998 (the current offence); and
    1. the offender has previously been convicted of an offence (the previous offence) against section 36A(1)(a) or (c) of the Land Transport Act 1998 committed within the period of 4 years before the commission of the current offence; and
      1. the court by or before which the offender is convicted of the current offence is satisfied that a motor vehicle owned by the offender or by the substitute for the offender or in which the offender or the substitute has any interest was being driven by, or in the charge of, the offender at the material time; and
        1. the court does not order the confiscation of the motor vehicle.

          1. The Registrar must—

          2. check whether a financing statement has been registered in respect of the motor vehicle on the personal property securities register kept under the Personal Property Securities Act 1999; and
            1. issue a warning notice stating that any motor vehicle owned by the offender or by the substitute for the offender or in which the offender or the substitute has an interest is liable to be confiscated and destroyed if the offender commits another offence against section 36A(1)(a) or (c) of the Land Transport Act 1998 before the expiry of 4 years from the commission of the previous offence; and
              1. send the warning notice, by ordinary post, facsimile, email, or other electronic means to every person (other than the offender or the substitute) who the Registrar believes is a party to a security agreement or lease relating to the motor vehicle.

                1. The jurisdiction of a court to make a confiscation and destruction order under section 129A or 136(4) or the validity of any order made under those sections is not affected by a failure to comply with subsection (2).

                Notes
                • Section 129F: inserted, on , by section 7 of the Sentencing (Vehicle Confiscation) Amendment Act 2009 (2009 No 37).
                • Section 129F(2)(c): amended, on , by section 21 of the Sentencing Amendment Act 2011 (2011 No 47).