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StatuteSentencing Act 2002

Section 130 — Sentencing Act 2002: Court may order declaration of ownership to be completed

Text of the provision Official document

130 Court may order declaration of ownership to be completed (1) If a court is considering whether to order the confiscation of a motor vehicle under section 128 or section 129 , the court may order that the offender complete a declaration of ownership before ordering the confiscation. (2) The declaration of ownership must specify— (a) whether the offender owns, or has any interest in, the motor vehicle at the date of conviction; and (b) whether any other person owns, or has any interest in, the motor vehicle at the date of conviction and, if so, the name of that person and the nature of that interest; and (c) whether the offender has ceased to be the owner of, or to have any interest in, the motor vehicle at any time subsequent to the commission of the offence but before the date of his or her conviction; and (d) if the offender has disposed of his or her interest in the motor vehicle during the period referred to in paragraph (c) , to whom the ownership or interest in the motor vehicle was disposed, the relationship of that person to the offender, and the consideration received by the offender. (3) For the purposes of having a declaration of ownership completed by the offender, the court may direct that the offender be detained in the custody of the court for a period, not exceeding 2 hours, that may be necessary to complete the declaration of ownership. (4) If a court does not make an order under this section, that does not affect the validity of any other order of the court. Compare: 1985 No 120 s 84(2B)-(2E)

Official source: legislation.govt.nz

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Statutory text from an official public source. Informational content — does not replace advice from a qualified lawyer.