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Sentencing Act 2002

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

129EA: Appeal against confiscation by third party

You could also call this:

"Challenging a court decision to take away a vehicle that belongs to someone else"

Illustration for Sentencing Act 2002

If a court decides to take away a motor vehicle under section 128, section 129, or section 129A, you can appeal this decision if you are not the offender. You have 20 working days to appeal, or you can ask the court for more time. You can appeal if taking away the vehicle will cause you or someone else a lot of trouble. You must tell the prosecuting agency and anyone who owns or has an interest in the vehicle that you are appealing. The court will look at your appeal and if they think taking away the vehicle will cause undue hardship, they will cancel the decision to take it away. If the decision to take away the vehicle was made in the District Court, you must appeal to the High Court, following the High Court Rules 2016. If the decision was made in the High Court, you must appeal to the Court of Appeal.

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This page was last updated on

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM4640203.

Topics:
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129E: Appeal against confiscation by persons treated as substitutes, or

"Appealing a court decision to take away something that belongs to someone else who is linked to a crime"

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129F: Warning notice to secured parties if confiscation not ordered for second illegal street racing offence, or

"Warning to car owners and lenders if you get caught street racing again and might lose your car."

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

129EAAppeal against confiscation by third party

  1. If the court orders the confiscation of a motor vehicle under section 128, 129, or 129A, a person (other than the offender or, as the case may be, the substitute for the offender) may, within 20 working days after the date of the order, or within any further time that the appropriate court allows, appeal to the appropriate court against the order on the ground that the confiscation is causing, or will cause, undue hardship to the appellant or any other person (other than the offender or, as the case may be, the substitute for the offender).

  2. The appellant must serve the notice of appeal on—

  3. the prosecuting agency in the proceeding that resulted in the relevant conviction; and
    1. any person (other than the offender or, as the case may be, the substitute for the offender) who owns or has an interest in the vehicle.

      1. The persons described in subsection (2) are parties to the appeal.

      2. The right of appeal under subsection (1) is independent of the offender's right of appeal against conviction and sentence for the relevant offence or offences.

      3. The court must set aside the confiscation of the motor vehicle if satisfied that the ground of appeal stated in subsection (1) applies.

      4. For the purposes of subsection (1),—

      5. if the order was made in the District Court, the appeal must be brought in the High Court in accordance with the High Court Rules 2016:
        1. if the order was made in the High Court, the appeal must be brought in the Court of Appeal in accordance with the rules of court governing civil appeals to that court.

          Notes
          • Section 129EA: inserted, on , by section 20 of the Sentencing Amendment Act 2011 (2011 No 47).
          • Section 129EA(6)(a): amended, on , by section 261 of the District Court Act 2016 (2016 No 49).
          • Section 129EA(6)(a): amended, on , by section 183(c) of the Senior Courts Act 2016 (2016 No 48).