Sentencing Act 2002

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

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

You could also call this:

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

If you have a motor vehicle that must be dismantled and destroyed, you have to follow the rules. The Registrar can tell you to hand over the vehicle if you do not meet the conditions set by the court under section 137A(2). You must give the vehicle to the Registrar, a bailiff, or a constable at the time and place they say.

If you do not give them the vehicle, the court can issue a warrant to take it. The Registrar, bailiff, or constable can then enter any premises where they think the vehicle is, even by force if necessary. When they enter the premises, they must show the warrant to the person in charge.

If the vehicle is taken or given to the authorities, it must be handed over to the court's Registrar as soon as possible. The rules in sections 133 and 134 also apply to this situation, with some changes if needed.

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This page was last updated on 26 June 2025

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM2602774.

Topics:

Crime and justice > Criminal lawCrime and justice > Courts and legal help

137A: Certain sales conditional on dismantling and destruction, or

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

137C: Sale of motor vehicle surrendered or recovered under section 137B, or

"Selling a car that's been taken or given up to pay debts"

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

137BFailure to comply with condition to dismantle and destroy

Where the sale of a motor vehicle is subject to a condition imposed by section 137A(2) and that condition is not fulfilled within the appropriate time, the Registrar may require any person in possession of the motor vehicle to surrender it to the Registrar, or a bailiff or constable, at a specified time and place.
If the person in possession of the motor vehicle fails to surrender the motor vehicle at the time and place specified by the Registrar, the court may issue a warrant in the prescribed form authorising the Registrar or any bailiff or constable to recover the motor vehicle.
For the purpose of executing a warrant issued under subsection (2), the Registrar or bailiff or constable executing it may enter on any premises, by force if necessary, if that officer has reasonable cause to believe that the motor vehicle in respect of which the warrant is issued is on those premises.
If any person is in actual occupation of the premises, the Registrar or bailiff or constable must, on entering, produce the warrant to that person.
If a motor vehicle is surrendered to or recovered by any bailiff or constable under this section, that officer must, as soon as practicable, deliver it into the custody of the Registrar of the court.
Sections 133 and 134 apply, with any necessary modifications, in respect of a motor vehicle surrendered or recovered under this section and to a warrant issued under this section.

Notes

Section 137B: inserted, on 1 December 2009, by section 16 of the Sentencing (Vehicle Confiscation) Amendment Act 2009 (2009 No 37).