New Zealand Acts

SENTENCING ACT 2002 - SECT 129C

129C Review of written caution

1 A person served with a written caution may, within 20 working days after the date of service, apply to the court that ordered the service of the written caution for a review of the decision to serve the applicant on 1 or more of the following grounds:

a) the motor vehicle was stolen or converted at the material time:

b) the applicant did not own or have an interest in the motor vehicle at the material time:

c) the applicant is a secured party under a security agreement relating to the motor vehicle, or the lessor of the motor vehicle under a lease, but has no relationship of another kind with the offender:

d) the motor vehicle was let on hire at the material time in accordance with a rental service licence under the Land Transport Act 1998 .

2 Every application must include a statutory declaration that specifies a ground stated in subsection (1) and why that ground applies.

3 The Registrar must promptly forward a copy of the application to the prosecuting agency in the proceeding that resulted in the relevant conviction.

4 The prosecuting agency may, within 10 working days after the day on which the copy of the application is forwarded to the agency, make a written submission to the court.

5 The court must conduct the review on the papers, unless the court considers a hearing necessary.

6 If satisfied that a ground stated in subsection (1) applies, the following provisions apply:

a) the court must cancel the written caution served on the applicant:

b) if the ground for cancelling the applicant's written caution is that stated in subsection (1)(a) or (d), the court must also cancel the written caution served on any other person under the same order that required service of the written caution on the applicant:

c) the Registrar must advise, by ordinary post, facsimile, email, or other electronic means, every person (including the applicant) whose written caution is cancelled of that outcome:

d) if a written caution served on a person is cancelled, the written caution is deemed not to have been served on the person.

History: Section 129C: inserted, on 1 December 2009, by section 7 of the Sentencing (Vehicle Confiscation) Amendment Act 2009 (2009 No 37).   Section 129C(1)(c): replaced, on 1 August 2012, by section 18 of the Sentencing Amendment Act 2011 (2011 No 47).