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Sentencing Act 2002

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

138A: Offender liable for outstanding costs of seizure, storage, and sale

You could also call this:

"You must pay costs for seizing and selling a vehicle if the sale doesn't cover them."

Illustration for Sentencing Act 2002

If a motor vehicle is sold under section 137 or disposed of under section 138, you might have to pay some costs. You have to pay if the money from the sale is not enough to cover the costs. The costs include things like impoundment costs under the Land Transport Act 1998, and the costs of selling the vehicle.

The costs of selling the vehicle include things like seizing the vehicle, towing and storing it. You are liable for these costs even if you did not own the vehicle. If you have to pay these costs, it is like paying a fine, and Part 3 of the Summary Proceedings Act 1957 applies.

A certificate from the Registrar is enough evidence that you have to pay the costs. This certificate will say that you have to pay a certain amount of money after the vehicle is sold or disposed of.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM2602799.

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

138AOffender liable for outstanding costs of seizure, storage, and sale

  1. If the amount realised from the sale of a motor vehicle under section 137 or its disposal under section 138 is less than the costs described in subsection (2), the offender is liable for the shortfall between that amount and those costs.

  2. The costs are,—

  3. if the motor vehicle has been impounded under the Land Transport Act 1998, any impoundment costs; and
    1. the costs of the sale (including all costs incurred in seizing the motor vehicle, towing and storing the vehicle, and complying with the provisions of this subpart preliminary to sale).

      1. Subsection (1) applies regardless of whether the offender owned or had an interest in the motor vehicle.

      2. Part 3 (except section 84) of the Summary Proceedings Act 1957 (or, if applicable, section 19 of the Crimes Act 1961) applies with any necessary modifications to any amount the offender is liable to pay under subsection (1) as if it were a fine.

      3. A certificate issued by the Registrar that, following the sale or disposal of a motor vehicle, the offender is liable to pay a sum under subsection (1) is, in the absence of proof to the contrary, sufficient evidence of the facts certified.

      Notes
      • Section 138A: inserted, on , by section 18 of the Sentencing (Vehicle Confiscation) Amendment Act 2009 (2009 No 37).
      • Section 138A(4): replaced, on , by section 31(1) of the Sentencing Amendment Act 2011 (2011 No 47).
      • Section 138A(4): amended, on , by section 7 of the Sentencing Amendment Act (No 2) 2011 (2011 No 93).
      • Section 138A(5): amended, on , by section 31(2)(a) of the Sentencing Amendment Act 2011 (2011 No 47).
      • Section 138A(5): amended, on , by section 31(2)(b) of the Sentencing Amendment Act 2011 (2011 No 47).