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StatuteSentencing Act 2002

Section 131 — Sentencing Act 2002: If motor vehicle has been disposed of, court may prohibit offender from acquiring another motor vehicle

Text of the provision Official document

131 If motor vehicle has been disposed of, court may prohibit offender from acquiring another motor vehicle (1) This section applies if, in any case to which section 128 or section 129 would otherwise apply, the offender has, before the date of his or her conviction, ceased to be the owner of the motor vehicle or to have any interest in it. (2) The court may— (a) make an order prohibiting the offender from acquiring any interest in any motor vehicle within 12 months after the date of the order; and (b) if the offender has, at any time after the commission of the offence but before the date of his or her conviction, become the owner of any motor vehicle or acquired any interest in any motor vehicle, order that that motor vehicle be confiscated. (3) If the court is not satisfied that the disposition of the motor vehicle was made by the offender with a bona fide intention to dispose permanently of his or her ownership or interest in the vehicle,— (a) the court may, if it thinks fit, set the disposition aside; and (b) section 128 or section 129 , as the case may be, applies as if the disposition by the offender had not occurred. (4) Before making an order under subsection (3) , the court must give any person to whom the disposition of the motor vehicle was made an opportunity to be heard. Compare: 1985 No 120 s 84(3) , (3A) , (3B)

Official source: legislation.govt.nz

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