Section 137 — Sentencing Act 2002: Sale of confiscated motor vehicles

137 Sale of confiscated motor vehicles (1) Subject to section 138 , as soon as practicable after a motor vehicle is delivered into a Registrar's custody under section 132 , the Registrar must arrange for the sale of the motor vehicle by public auction or in any other manner that the court may direct. (2) The Registrar, or any officer of the Department for Courts authorised in writing by the Registrar, may conduct the auction even if the Registrar or that officer does not hold a licence under the Auctioneers Act 1928 or the Motor Vehicle Dealers Act 1975. (3) 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 seizing the motor vehicle, towing, and storing the vehicle (if it was stored under section 97 of the Land Transport Act 1998 ), and complying with the provisions of this subpart preliminary to the sale): (b) in satisfaction of any amount owed by the offender under any encumbrance brought to the notice of the Registrar within 1 month after the date of sale and established to the Registrar's satisfaction: (c) in payment of any sum known by the Registrar to be payable by the offender in respect of any fine, or under any sentence of reparation, imposed on the offender, or in payment of any court costs ordered to be paid by the offender: (d) to the offender. Compare: 1985 No 120 s 87(1)-(3)