New Zealand Acts

SENTENCING (VEHICLE CONFISCATION) AMENDMENT ACT 2009 - SECT 16

16 New sections 137A to 137C inserted

The following sections are inserted after section 137 :

137A Certain sales conditional on dismantling and destruction

1 This section applies if any motor vehicle sold under section 137 is subject to a confiscation and destruction order under section 129A or 136(4) .

2 The sale of the motor vehicle is subject to a condition that the purchaser dismantle the motor vehicle for any saleable parts and destroy the remainder of the motor vehicle, to the satisfaction of the Registrar.

3 The condition imposed by subsection (2) must be fulfilled within 30 working days after the date of the sale, or within any longer period that the Registrar specifies in writing.

4 The property in the motor vehicle does not pass from the Crown to the purchaser until the condition imposed by subsection (2) has been fulfilled.

137B Failure to comply with condition to dismantle and destroy

1 Where the sale of a motor vehicle is subject to a condition imposed by section 137A(2) and that condition is not fulfilled within the appropriate time, the Registrar may require any person in possession of the motor vehicle to surrender it to the Registrar, or a bailiff or constable, at a specified time and place.

2 If the person in possession of the motor vehicle fails to surrender the motor vehicle at the time and place specified by the Registrar, the court may issue a warrant in the prescribed form authorising the Registrar or any bailiff or constable to recover the motor vehicle.

3 For the purpose of executing a warrant issued under subsection (2) , the Registrar or bailiff or constable executing it may enter on any premises, by force if necessary, if that officer has reasonable cause to believe that the motor vehicle in respect of which the warrant is issued is on those premises.

4 If any person is in actual occupation of the premises, the Registrar or bailiff or constable must, on entering, produce the warrant to that person.

5 If a motor vehicle is surrendered to or recovered by any bailiff or constable under this section, that officer must, as soon as practicable, deliver it into the custody of the Registrar of the court.

6 Sections 133 and 134 apply, with any necessary modifications, in respect of a motor vehicle surrendered or recovered under this section and to a warrant issued under this section.

137C Sale of motor vehicle surrendered or recovered under section 137B

1 As soon as practicable after a motor vehicle is delivered into a Registrar’s custody under section 137B , the Registrar must arrange for the sale of the motor vehicle, and sections 137(1) and (2), 137A, and 137B apply to that sale with any necessary modifications.

2 The proceeds of the sale must be applied in the following manner and order of priority:

a) in payment of the costs of the sale (including all costs incurred in recovering the motor vehicle, and towing and storing the vehicle):

b) in payment of the purchase price to the purchaser to whom the motor vehicle was sold under section 137 :

c) in payment of any unsatisfied amounts described in section 137(3) in accordance with that section and with all necessary modifications.