Sentencing Act 2002

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

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

You could also call this:

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

Illustration for Sentencing Act 2002

When a motor vehicle is given to a Registrar under section 137B, the Registrar must arrange for the vehicle to be sold as soon as possible. The sale will follow rules set out in sections 137(1), (2), (5), and (7), section 137A, and section 137B, with any necessary changes. The money from the sale will be used to pay for the costs of selling the vehicle, including recovering and storing it. After the costs are paid, the money will be used to pay the person who bought the vehicle under section 137, and then to pay any other amounts that are owed, as described in section 137(3).

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM2602775.


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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"


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138: Disposal of unsaleable confiscated vehicle, or

"What happens to a confiscated car that can't be sold"

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

137CSale of motor vehicle surrendered or recovered under section 137B

  1. As soon as practicable after a motor vehicle is delivered into a Registrar’s custody under section 137B, the Registrar must arrange for the sale of the motor vehicle, and sections 137(1), (2), (5), and (7), 137A, and 137B apply to that sale with any necessary modifications.

  2. The proceeds of the sale must be applied in the following manner and order of priority:

  3. in payment of the costs of the sale (including all costs incurred in recovering the motor vehicle, and towing and storing the vehicle):
    1. in payment of the purchase price to the purchaser to whom the motor vehicle was sold under section 137:
      1. in payment of any unsatisfied amounts described in section 137(3) in accordance with that section and with all necessary modifications.
        Notes
        • Section 137C: inserted, on , by section 16 of the Sentencing (Vehicle Confiscation) Amendment Act 2009 (2009 No 37).
        • Section 137C(1): amended, on , by section 29 of the Sentencing Amendment Act 2011 (2011 No 47).