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Sentencing Act 2002

Sentences, orders, and related matters - Discharge and miscellaneous orders - Forfeiture of vehicles used in offence of failing to stop, etc

142AAB: Forfeiture of vehicle used in offence of failing to stop, etc

You could also call this:

"The court can take away your car if you're guilty of not stopping for the police."

Illustration for Sentencing Act 2002

If you are found guilty of not stopping for the police, as stated in section 52A(1)(a) or (b) of the Land Transport Act 1998, the court can take action. The court can make a decision about what happens to the car used in the offence if you or someone acting for you owns the car. The court can order the car to be taken away and given to the government.

If the court decides to take the car away, they will follow some rules, which are explained in section 128(3A) to (5). You will have to follow these rules when the court makes a decision about taking the car away. The court's decision will be based on the rules and the situation.

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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=LMS941710.

Topics:
Crime and justice > Criminal lawCrime and justice > Courts and legal help
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142AAA: Interpretation of terms used in sections 142AAB to 142AAF, or

"What some words mean in sections 142AAB to 142AAF of the law"

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142AAC: Offence to sell or dispose of motor vehicle subject to forfeiture order, or

"It's an offence to sell or get rid of a car that the court has ordered to be taken away"

Part 2Sentences, orders, and related matters
Discharge and miscellaneous orders: Forfeiture of vehicles used in offence of failing to stop, etc

142AABForfeiture of vehicle used in offence of failing to stop, etc

  1. This section applies if a person is convicted of an offence against section 52A(1)(a) or (b) of the Land Transport Act 1998.

  2. The court may make an order under subsection (3) if satisfied that, at the time of the conviction, the offender or a substitute for the offender owns or has an interest in the motor vehicle that was used in the commission of the offence.

  3. The court may order that the motor vehicle be forfeited to the Crown.

  4. Section 128(3A) to (5) applies, with any necessary modifications, to the making of a forfeiture order under this section.

Notes
  • Section 142AAB: inserted, on , by section 42 of the Land Transport (Road Safety) Amendment Act 2023 (2023 No 62).