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Motor Vehicle Sales Act 2003

Enforcement - Offences - Penalties

119: Power of District Court to impose additional penalty in certain cases

You could also call this:

"The District Court can take away money you earned illegally selling cars."

Illustration for Motor Vehicle Sales Act 2003

You can be convicted of an offence against section 95(1)(a) or (b) of the Motor Vehicle Sales Act 2003. If you are convicted, the District Court can order you to give up any money you earned as an unregistered motor vehicle trader. This money goes to the Crown. You earned this money as commission or profit for services or work you did as an unregistered motor vehicle trader. The Crown can get this money back through a court, or the District Court can add it to your fine. The Crown can recover this money in the same way as a fine. The District Court's decision is in addition to any other penalty you might get under section 118 for the offence. The money you have to give up is the money you received for services or work you did as an unregistered motor vehicle trader. This is according to the Motor Vehicle Sales Act 2003.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM188909.

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Part 4Enforcement
Offences: Penalties

119Power of District Court to impose additional penalty in certain cases

  1. On the conviction of any person of an offence against section 95(1)(a) or (b), the District Court in which the conviction is entered may, in addition to any penalty that may be imposed under section 118 for the offence, order that any money received by that person as commission or profit for any services or work performed as an unregistered motor vehicle trader be forfeited to the Crown.

  2. All money forfeited to the Crown is recoverable by the Crown in any court of competent jurisdiction, or may be assessed by the District Court in which the defendant is convicted and be recoverable in like manner as a fine.