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Land Transport Act 1998

Disqualification, demerit points, licence suspension, and vehicle impoundment - Prohibiting sale or disposal of motor vehicles

98A: Commissioner may prohibit sale or disposal of certain motor vehicles

You could also call this:

“Police boss can stop you from selling your car if you might lose it because of a crime”

The Commissioner can stop you from selling or getting rid of your car if you are charged with a crime that could lead to your car being taken away. This happens if the Commissioner thinks there’s a good chance the court will order your car to be taken if you are found guilty.

If this happens, the Commissioner will give you a notice. If someone else is the registered owner of the car, they will get a notice too. Once you get this notice, you can’t sell the car or any of its parts.

The Commissioner must cancel this notice if you don’t own the car, if you’re not found guilty, or if the court doesn’t order your car to be taken away. The Commissioner can also cancel the notice if the car was stolen when you used it, if the registered owner tried hard to stop you from using the car, or if not being able to sell the car would cause too much hardship for anyone involved.

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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=DLM2611437.

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Part 7 Disqualification, demerit points, licence suspension, and vehicle impoundment
Prohibiting sale or disposal of motor vehicles

98ACommissioner may prohibit sale or disposal of certain motor vehicles

  1. This section applies if—

  2. a person is charged with an offence under this Act or any other enactment that would, if the person is convicted of the offence, permit or require a court to order—
    1. the confiscation of the person’s motor vehicle under the Sentencing Act 2002; or
      1. the forfeiture of the vehicle under section 142AAB of that Act; and
      2. the Commissioner believes, on reasonable grounds in the circumstances, that the court would, if the person is convicted of the offence, order that confiscation or forfeiture.

        1. If this section applies, the Commissioner may prohibit the sale or disposal of the motor vehicle by giving notice in the prescribed form to—

        2. the person who is charged; and
          1. the registered person of the motor vehicle (if a person other than the person who is charged).

            1. A person notified under subsection (2) may not sell, or dispose of,—

            2. the motor vehicle specified in the notice:
              1. any parts of the motor vehicle specified in the notice.

                1. The Commissioner—

                2. must cancel the notice given under subsection (2) if the person charged—
                  1. does not own, or does not have a legal or equitable interest in, the motor vehicle specified in the notice; or
                    1. is not convicted of an offence that would permit or require a court to order the confiscation of the person's motor vehicle under the Sentencing Act 2002; or
                      1. is convicted of such an offence but a court does not order the confiscation of the person's motor vehicle under the Sentencing Act 2002; or
                      2. may cancel the notice given under subsection (2) if—
                        1. the motor vehicle specified in the notice was stolen or converted at the time the person charged used it in a way that gave rise to the charge; or
                          1. the registered person for the motor vehicle specified in the notice took all reasonable steps to prevent the person charged from using the vehicle in a way that gave rise to the charge; or
                            1. the Commissioner is satisfied that prohibiting the sale of the motor vehicle specified in the notice would entail undue hardship to the person charged, registered person for the motor vehicle, or any other person.

                            Notes
                            • Section 98A: inserted, on , by section 26 of the Land Transport (Enforcement Powers) Amendment Act 2009 (2009 No 36).
                            • Section 98A(1): replaced, on , by section 17(1) of the Land Transport (Road Safety) Amendment Act 2023 (2023 No 62).
                            • Section 98A(4)(b)(ii): amended, on , by section 17(2) of the Land Transport (Road Safety) Amendment Act 2023 (2023 No 62).
                            • Section 98A(4)(b)(iii): amended, on , by section 17(3) of the Land Transport (Road Safety) Amendment Act 2023 (2023 No 62).