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Sentencing Act 2002

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

137A: Certain sales conditional on dismantling and destruction

You could also call this:

"Selling a car that must be destroyed: you must dismantle and destroy it after sale"

Illustration for Sentencing Act 2002

If you sell a motor vehicle under section 137 and it has a confiscation and destruction order under section 129A or 136(4), there are conditions you must follow. You must dismantle the motor vehicle to get any saleable parts and destroy the rest of it, and this must be done to the satisfaction of the Registrar.

You have 30 working days after the sale to do this, or you can have more time if the Registrar says so in writing. You do not own the motor vehicle until you have dismantled and destroyed it as required, even though section 137(7) might suggest otherwise.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM2602773.

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137: Sale of confiscated motor vehicles, or

"What happens to a car when it's taken away by the court and sold"

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137B: Failure to comply with condition to dismantle and destroy, or

"Not following rules to crush a car that's been ordered destroyed"

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

137ACertain sales conditional on dismantling and destruction

  1. This section applies if any motor vehicle sold under section 137 is subject to a confiscation and destruction order under section 129A or 136(4).

  2. The sale of the motor vehicle is subject to a condition that the purchaser dismantle the motor vehicle for any saleable parts and destroy the remainder of the motor vehicle, to the satisfaction of the Registrar.

  3. The condition imposed by subsection (2) must be fulfilled within 30 working days after the date of the sale, or within any longer period that the Registrar specifies in writing.

  4. Despite section 137(7), the property in the motor vehicle does not pass to the purchaser until the condition imposed by subsection (2) has been fulfilled.

Notes
  • Section 137A: inserted, on , by section 16 of the Sentencing (Vehicle Confiscation) Amendment Act 2009 (2009 No 37).
  • Section 137A(4): amended, on , by section 28 of the Sentencing Amendment Act 2011 (2011 No 47).