Plain language law

New Zealand law explained for everyone

Sentencing Act 2002

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

142AAF: Modified application of confiscation scheme to forfeiture

You could also call this:

"What happens when a court takes something away from you as a punishment, with some special rules"

Illustration for Sentencing Act 2002

If a court decides a car should be taken away from you because you did not stop when you were supposed to, some rules will apply. These rules are like the ones that apply when a court takes a car away from you for other reasons, but with some changes. You can find these rules in sections like sections 129B to 129D, 129E, and 129EA.

When these rules are applied to your situation, some words will have different meanings. For example, when the rules talk about a car being taken away because of a certain offence, it will mean the offence of not stopping when you were supposed to, which is in section 52A(1)(a) or (b) of the Land Transport Act 1998. The rules will also talk about the person who did not stop, and what happens to the car.

The court can make decisions about who owns the car, and what happens to it after it is taken away. You can find more information about this in sections like section 130, 130A, and 131. The rules will also say what happens if someone buys the car without knowing it was taken away, which is in section 142.

This text is automatically generated. It might be out of date or be missing some parts. Find out more about how we do this.

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=LMS941718.

Topics:
Crime and justice > Criminal lawCrime and justice > Courts and legal help
Previous

142AAE: Offender must not acquire new interest in motor vehicle for 12 months, or

"No new cars for 12 months if yours is taken away for breaking the law"

Next

142A: Interpretation of terms used in sections 142B to 142Q, or

"What special words mean in sections 142B to 142Q of the Sentencing Act"

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

142AAFModified application of confiscation scheme to forfeiture

  1. If a court orders the forfeiture of a motor vehicle under section 142AAB, the provisions specified in subsection (2) apply, with all necessary modifications, to the order, the motor vehicle, the offender and other persons, and in all other respects, in the same way as they apply if a court orders the confiscation of a vehicle under section 128 or 129.

  2. The following provisions apply:

  3. sections 129B to 129D (relating to written cautions given to persons with interest in motor vehicles involved in offences):
    1. sections 129E and 129EA (relating to appeals against confiscation):
      1. section 130 (court may order declaration of ownership to be completed):
        1. sections 130A and 131 (relating to the effect of any disposal of a motor vehicle or ownership or other interest in it):
          1. sections 132, 134, and 135 (relating to the enforcement of a confiscation order):
            1. section 136A (Registrar must apply for deregistration of motor vehicle subject to confiscation and destruction order):
              1. section 137 (except section 137(3)(g)) and sections 138 to 141C (relating to the sale of confiscated motor vehicles):
                1. section 142 (order may be cancelled on application by bona fide purchaser).

                  1. Modifications to the application of the provisions specified in subsection (2) include the following:

                  2. a reference to the confiscation of a motor vehicle, or an order for the confiscation of a motor vehicle, under section 128 must be read as a reference to the forfeiture of a motor vehicle, or an order for the forfeiture of a motor vehicle, under section 142AAB:
                    1. any other reference to the confiscation of a motor vehicle must be read as a reference to the forfeiture of a motor vehicle:
                      1. a reference to an offence specified in section 128(1) must be read as a reference to an offence against section 52A(1)(a) or (b) of the Land Transport Act 1998 (as referred to in section 142AAB(1)):
                        1. any reference to an offender in connection with an offence specified in section 128 or 129 must be read as a reference to an offender in connection with an offence against section 52A(1)(a) or (b) of the Land Transport Act 1998 (as referred to in section 142AAB(1)):
                          1. any other reference to section 128 must be read as a reference to section 142AAB:
                            1. any reference to any section specified in subsection (2) must be read as a reference to that section as applied and modified by this section.

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