Sentencing Act 2002

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

141C: Failure by secured party to sell or account for proceeds

You could also call this:

"What happens if someone doesn't sell a vehicle as the court ordered"

Illustration for Sentencing Act 2002

If a court tells a secured party to sell a motor vehicle under section 141(3)(b), they must do it within a reasonable time. If they do not, the Registrar can ask the person with the vehicle to give it to them or a bailiff or constable at a certain time and place. You must give the vehicle to them if they ask.

If you do not give the vehicle to them, the court can issue a warrant to get the vehicle back. The Registrar, bailiff, or constable can enter any premises to get the vehicle if they think it is there. They must show you the warrant if you are at the premises when they enter.

If a bailiff or constable gets the vehicle, they must give it to the Registrar as soon as possible. The Registrar will then arrange to sell the vehicle under section 137 or dispose of it under section 138 as soon as possible. If a secured party does not pay the required money under section 141B(1)(b), they owe that money to the Crown and it can be taken from them.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM4640205.


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"What happens to the money when a secured vehicle is sold"


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

141CFailure by secured party to sell or account for proceeds

  1. If the court has directed a secured party under section 141(3)(b) to sell a motor vehicle and the secured party fails to do so within a reasonable time, the Registrar may require any person in possession of the vehicle to surrender it to the Registrar, or a bailiff or constable, at a specified time and place.

  2. 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.

  3. 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 the Registrar, bailiff, or constable has reasonable cause to believe that the motor vehicle in respect of which the warrant is issued is on those premises.

  4. 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.

  5. 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.

  6. 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.

  7. As soon as practicable after the motor vehicle is delivered into the Registrar's custody under subsection (5), the Registrar must arrange for its sale under section 137 or its disposal under section 138.

  8. A secured party who fails, in whole or in part, to pay into court the money required under section 141B(1)(b) is liable to the Crown for any amount not paid, and that amount may be recovered from the secured party as a debt due to the Crown.

Notes
  • Section 141C: inserted, on , by section 38 of the Sentencing Amendment Act 2011 (2011 No 47).