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Sentencing Act 2002

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

130A: Court may disregard disposal of motor vehicle by person after written caution

You could also call this:

"Court can ignore what you do with a vehicle after a warning if you're trying to avoid trouble"

Illustration for Sentencing Act 2002

If you get a written caution about a motor vehicle, you might try to get rid of it. You might sell it or give it away after you get the caution. But if you do something wrong with that vehicle again, the court can look at what you did. The court checks if you really meant to get rid of the vehicle or if you were just trying to avoid trouble. If the court thinks you were trying to avoid trouble, it can ignore what you did with the vehicle. The court must listen to the person you gave the vehicle to before making any decisions about it.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM2602555.

Topics:
Crime and justice > Criminal lawCrime and justice > Courts and legal help
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Part 2Sentences, orders, and related matters
Discharge and miscellaneous orders: Confiscation of motor vehicles

130ACourt may disregard disposal of motor vehicle by person after written caution

  1. This section applies if—

  2. a person has been served with a written caution under section 129B in respect of an offender; and
    1. after being served with the written caution, the person purports to dispose of his or her ownership interest or other interest in the motor vehicle described in the written caution; and
      1. following that disposition, the offender is convicted of a further offence specified in section 128(1) involving that motor vehicle; and
        1. it appears to the court that the offender does not own or have an interest in the motor vehicle.

          1. If the circumstances of the further offence described in subsection (1)(c) would, but for that disposition, enable the court to order the confiscation of the motor vehicle under section 128 or 129A on the basis that the person is a substitute for the offender, and the court is not satisfied that the disposition was made with a bona fide intention to dispose permanently of the person's ownership or interest in the motor vehicle,—

          2. the court may, if it thinks fit, set the disposition aside; and
            1. section 128 or 129A, as the case may be, applies as if the disposition by the person had not occurred.

              1. Before making an order under subsection (2), the court must give any person to whom the disposition of the motor vehicle was made an opportunity to be heard.

              Notes
              • Section 130A: inserted, on , by section 9 of the Sentencing (Vehicle Confiscation) Amendment Act 2009 (2009 No 37).