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StatuteSentencing Act 2002

Section 132 — Sentencing Act 2002: Enforcement of confiscation order

Text of the provision Official document

132 Enforcement of confiscation order (1) If a court makes a confiscation order under section 128 or section 129 , it must specify in that order the time and place at which the offender must surrender the motor vehicle to the Registrar or a bailiff or constable. (2) If the offender fails to surrender the motor vehicle in accordance with the order, the court must issue a warrant in the prescribed form authorising the Registrar or any bailiff or constable to confiscate the motor vehicle. (3) For the purpose of executing a warrant of confiscation issued under this section, 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) Despite any enactment, rule of law, or agreement to the contrary, the property in the motor vehicle passes absolutely to the Crown free of all encumbrances when— (a) an offender surrenders a motor vehicle in accordance with an order; or (b) the Registrar or a bailiff or constable pursuant to a warrant issued under this section seizes the motor vehicle described in the warrant. (6) If a motor vehicle is surrendered to or seized 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. Compare: 1985 No 120 s 84(5)-(8) , (10)

Official source: legislation.govt.nz

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