Land Transport (Offences and Penalties) Regulations 1999

Form
Sale or disposal prohibition notice

Section 98A, Land Transport Act 1998

To [full name]:

Of [full address]:

*Date of birth:

*Occupation:

*Telephone number:

*Driver licence number:

You have been charged with:

Contrary to:

It is alleged that this offence (or these offences) involved the use of the motor vehicle described in the Appendix (the vehicle).

To [full name]:

Of [full address]:

*Date of birth:

*Occupation:

*Telephone number:

*Driver licence number:

You are the registered person of the vehicle.†

I believe, on reasonable grounds in the circumstances, that, if the person named in Part 1 of this notice is convicted of the offence(s) referred to in that Part, the court will order the confiscation of the vehicle under the Sentencing Act 2002.

Accordingly, under section 98A(2) of the Land Transport Act 1998 (the Act), this notice prohibits the sale or disposal of the vehicle. Under section 98A(3) of the Act, this means that you, the person named in Part 1 and, if applicable, the person named in Part 2, may not sell, or dispose of,—

• (a) the vehicle:

• (b) the following parts of the vehicle:

This notice remains in force until cancelled by—

• (a) the Commissioner of Police under section 98A(4) of the Act; or

• (b) the District Court under section 98B(3) of the Act.

If you fail or refuse to comply with this notice and the prohibition imposed by it, you will commit an offence under section 52(1)(c) of the Act and be liable, on conviction for that offence, to a fine not exceeding $10,000.

Dated:

Signed:

The motor vehicle to which this notice applies is described as follows:

Registration number or VIN:

Make:

Model:

Vehicle year:

Chassis/body number:

The details of the enforcement officer involved and any other details are as follows:

Enforcement officer ID:

Other:

This notice has been issued by, or under a delegation from, the Commissioner of Police.

Under section 98A(4)(a) of the Act, the Commissioner must cancel this notice if the person named in Part 1—

• (a) does not own, or does not have a legal or equitable interest in, the vehicle; or

• (b) is not convicted of an offence that would permit or require a court to order the confiscation of the vehicle under the Sentencing Act 2002; or

• (c) is convicted of such an offence but a court does not order the confiscation of the vehicle under the Sentencing Act 2002.

Alternatively, under section 98A(4)(b) of the Act, the Commissioner may cancel this notice if—

• (a) the vehicle was stolen or converted at the time the person named in Part 1 used it in a way that gave rise to the charge; or

• (b) the owner of the vehicle named in Part 2 took all reasonable steps to prevent the person named in Part 1 from using the vehicle in a way that gave rise to the charge; or

• (c) the Commissioner is satisfied that prohibiting the sale of the vehicle would entail undue hardship to the person named in Part 1, the owner of the motor vehicle named in Part 2, or any other person.

Any person who is given notice under section 98A may appeal, under section 98B of the Act, to the District Court against the Commissioner’s decision to give the notice.

The court must determine the appeal on 1 or more of the grounds specified in section 98A(4) of the Act.

The court may confirm or cancel the notice.

Every notice appealed against continues in force pending the determination of the appeal, and no person is excused from complying with the notice on the ground that an appeal is pending.