• “(4) In this section, order of reparation means an order under section 106(3)(b), 108(2)(b), or 110(3)(b).”

• “(4) A 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 make the declaration.”

• “(2) Subsection (3) applies if the court is considering whether to impose—

  • “(a) more than 1 sentence of reparation on an offender; or

  • “(b) a sentence of reparation and a sentence of a fine on an offender; or

  • “(c) a sentence of reparation on an offender who is subject to an earlier sentence or order of reparation or an earlier sentence of a fine, or a combination of any of those.

• “(3) The court must take into account that any payments received from the offender must be applied in the order of priority set out in sections 86E to 86G of the Summary Proceedings Act 1957.”

“36 Conditions of sentence of reparation

• “(1) If the court sentences an offender to make reparation, the court must—

  • “(a) determine the conditions of the sentence in respect of the total amount of reparation to be paid by the offender; and

  • “(b) either determine, or direct the Registrar to determine, the conditions of the sentence in respect of the following matters:

    • “(i) whether the total amount of reparation is to be paid in 1 lump sum or in instalments:

    • “(ii) if the amount is to be paid in 1 lump sum, whether it is to be paid immediately or at some specified future date:

    • “(iii) if the amount is to be paid in instalments, the frequency and amounts of the instalments.

  “(2) If the court directs the Registrar to determine the conditions of the sentence referred to in subsection (1)(b), the court may also direct that the offender—

  • “(a) make a declaration as to financial capacity in accordance with section 42; and

  • “(b) be detained in the custody of the court for a period, not exceeding 2 hours, for the purpose of making the declaration.

  “(3) The court or Registrar may take into account information received from any source about the offender's financial capacity before imposing a condition.

  “(4) The court or Registrar may not impose a condition that an amount to be paid in 1 lump sum must be paid immediately unless the court or Registrar, as the case may be, is satisfied that the offender has sufficient means to pay the amount immediately.

  “(5) If the court imposes a condition under subsection (1)(b) and the court is subsequently satisfied either that the offender provided false or misleading information about the offender's financial position before the condition was imposed or that the offender's financial position has changed significantly after the condition was imposed, the court may, after giving the offender the opportunity to be heard, vary, suspend, or cancel the condition.

  “(6) If a Registrar imposes a condition under this section, sections 86A and 86D of the Summary Proceedings Act 1957 apply, with all necessary modifications, as if the condition were an arrangement extending the time to pay a fine within the meaning of those sections.

“36 Payment conditions of sentence of reparation

• “(1) If a court sentences an offender to make reparation, the court may—

  • “(a) make an order, under section 81(1)(a) of the Summary Proceedings Act 1957, allowing the offender greater time to pay or allowing the offender to pay by instalments, or both; or

  • “(b) make an order, under section 83(1) of the Summary Proceedings Act 1957, requiring the offender to pay immediately; or

  • “(c) direct the Registrar to determine the conditions of payment of the reparation, including whether to—

    • “(i) require the offender to pay the reparation immediately under section 83(1) of the Summary Proceedings Act 1957 (which applies with any necessary modifications); or

    • “(ii) enter into an arrangement with the offender allowing the offender greater time to pay or allowing the offender to pay by instalments, or both, under section 86 of the Summary Proceedings Act 1957.

  “(2) If the court does not make an order or give a direction under subsection (1), the reparation must be paid in 1 lump sum within the time allowed for the payment of fines generally by section 80 of the Summary Proceedings Act 1957.”

“38A Cancellation of sentence of reparation

• “(1) A court may, on an application under subsection (2) or (3) or on its own initiative,—

  • “(a) cancel a sentence of reparation; or

  • “(b) cancel a sentence of reparation and substitute any other sentence (including another sentence of reparation) that could have been imposed on the offender at the time when the offender was convicted of the offence for which the sentence was imposed.

  “(2) An offender who is subject to a sentence of reparation or a Registrar may apply in accordance with section 72 for an order under subsection (1) on the ground that the reparation is unaffordable because the offender's financial position has changed significantly since the sentence was imposed.

  “(3) A Registrar may apply in accordance with section 72 for an order under subsection (1) on the ground that the Registrar reasonably believes that the sentence is unenforceable because the offender provided false or misleading information about the offender's financial position that the court relied on in imposing the sentence or because of any other reason.

  “(4) The court may make an order under subsection (1) (whether on application or on its own initiative) only if—

  • “(a) the person to whom the offender is required to pay the reparation—

    • “(i) has been informed and has been given the opportunity to be heard about the matter; or

    • “(ii) is unable to be found despite reasonable efforts made by the Registrar; and

  • “(b) the court is satisfied that—

    • “(i) the ground in subsection (2) or (3) has been established; and

    • “(ii) enforcement of the original sentence of reparation under Part 3 of the Summary Proceedings Act 1957 (or, if applicable, under section 19 of the Crimes Act 1961 or section 28I of the District Courts Act 1947) is unlikely to be effective.

  “(5) If the court is considering a substitute sentence,—

  • “(a) the court must take the following matters into account:

    • “(i) the amount of the original sentence of reparation that has been paid and the amount outstanding:

    • “(ii) any other sentences or orders imposed on the offender for the offending for which the original reparation was imposed and the extent to which the reparation was taken into account in imposing those sentences or orders; and

  • “(b) if the offender provided false or misleading information about the offender's financial position, the court may take the following matters into account:

    • “(i) the extent to which the information was false or misleading:

    • “(ii) the offender's culpability in providing the information, including whether, in the court's opinion, the offender intended to mislead the court.

  “(6) If the court cancels a sentence of reparation, the amount of reparation outstanding is deemed to be remitted from the date the order is made or any other date that the court may specify.”

• “(4) Subsection (4A) applies if a court imposes a fine—

  • “(a) in addition to a sentence of reparation; or

  • “(b) on an offender who is subject to an earlier sentence or order of reparation.

• “(4A) In fixing the amount of the fine, the court must take into account—

  • “(a) the amount of reparation payable; and

  • “(b) that any payments received from the offender must be applied in the order of priority set out in sections 86E to 86G of the Summary Proceedings Act 1957.”

“42A Offender may be detained for purpose of making declaration

• A court may direct that an offender be detained in the custody of the court for a period not exceeding 2 hours for the purpose of making a declaration of financial capacity in accordance with section 42.”

• “(b) on the chief executive of the Ministry of Justice, if a Registrar is not the applicant under section 38A; or

• “(c) on the chief executive of the Department of Corrections, if a probation officer is not the applicant under section 54, 54K, 68, or 69I.”

• “(2A) An application under section 38A must be served in accordance with section 79A or 79B of the Summary Proceedings Act 1957.

• “(2B) If an application under section 38A has been lodged in a court by a Registrar, the Registrar may, for the purpose of having the offender brought before the court dealing with the application, issue a warrant for the arrest of the offender.

• “(2C) Sections 88AA and 88AC of the Summary Proceedings Act 1957 apply with any necessary modifications to a warrant to arrest issued under subsection (2B).

• “(2D) For the purposes of sections 280C to 280F of the Customs and Excise Act 1996 and sections 295 to 297 of the Immigration Act 2009, a warrant for the arrest of the offender issued under subsection (2B) is to be treated as a warrant for arrest that has been issued in respect of the non-payment of the whole, or of any part, of a fine.”

• “(3A) Sections 33 to 38 Sections 32 to 38A apply, with any necessary modifications, to an order under subsection (3)(b) as they apply to a sentence of reparation.”

• “(2A) Sections 33 to 38 Sections 32 to 38A apply, with any necessary modifications, to an order under subsection (2)(b) as they apply to a sentence of reparation.”

• “(3A) Sections 33 to 38 Sections 32 to 38A apply, with any necessary modifications, to an order under subsection (3)(b) as they apply to a sentence of reparation.”

“hire purchase agreement means—

• “(a) an agreement under which goods are let or hired with an option to purchase, however the agreement describes the payments, under which the person who agrees to purchase the goods is given possession of them before the total amount payable has been paid:

• “(b) an agreement for the purchase of goods by instalment payments, however the agreement describes the payments, under which the person who agrees to purchase the goods is given possession of them before the total amount payable has been paid”.

“lease does not include a hire purchase agreement or a rental service agreement to which the holder of a rental service licence under the Land Transport Act 1998 is a party”.

“constable has the meaning given to it in section 4 of the Policing Act 2008

“Police employee has the meaning given to it in section 4 of the Policing Act 2008

“secured party has the meaning given to it in section 16 of the Personal Property Securities Act 1999, except that the reference to security interest is a reference to security interest as defined by this subsection

“security agreement has the meaning given to it in section 16 of the Personal Property Securities Act 1999, but does not include a lease

“security interest has the meaning given to it in section 17 of the Personal Property Securities Act 1999, but does not include a lease”.

• “(5) The court must not make an order under subsection (3) in respect of a motor vehicle that 1 or more persons treated as a substitute have an interest in if it is satisfied that either of the following applies to each substitute:

  • “(a) the substitute did not know, and could not reasonably have known, that the offender would commit the offence or offences; or

  • “(b) the substitute took all reasonable steps to prevent the offender from committing the offence or offences.”

• “(ii) is a secured party under a security agreement relating to the motor vehicle, or the lessor of the motor vehicle under a lease, but has no relationship of another kind with the offender.”

• “(c) by being left for the person at the person's place of business with another person (other than the offender).”

• “(aa) a constable:”.

• “(c) the applicant is a secured party under a security agreement relating to the motor vehicle, or the lessor of the motor vehicle under a lease, but has no relationship of another kind with the offender:”.

• “(a) the motor vehicle was stolen or converted at the material time:

• “(b) the appellant did not own or have an interest in the motor vehicle at the material time:

• “(c) the appellant is a secured party under a security agreement relating to the motor vehicle, or the lessor of the motor vehicle under a lease, but has no relationship of another kind with the offender:

• “(d) the motor vehicle was let on hire at the material time in accordance with a rental service licence under the Land Transport Act 1998:

• “(e) the appellant took all reasonable steps to prevent the offender from committing the offence or offences:

• “(f) the appellant had not, before the commission of the offence or offences, been served with a written caution under section 129B in relation to the offender:

• “(g) the appellant did not know, and could not reasonably have known, that the offender would commit the offence or offences:

• “(h) confiscation of the motor vehicle is causing, or will cause, undue hardship to the appellant or any other person (other than the offender).”

“129EA Appeal against confiscation by third party

• “(1) If the court orders the confiscation of a motor vehicle under section 128, 129, or 129A, a person (other than the offender or, as the case may be, the substitute for the offender) may, within 20 working days after the date of the order, or within any further time that the appropriate court allows, appeal to the appropriate court against the order on the ground that the confiscation is causing, or will cause, undue hardship to the appellant or any other person (other than the offender or, as the case may be, the substitute for the offender).

  “(2) The appellant must serve the notice of appeal on—

  • “(a) the prosecuting agency in the proceeding that resulted in the relevant conviction; and

  • “(b) any person (other than the offender or, as the case may be, the substitute for the offender) who owns or has an interest in the vehicle.

  “(3) The persons described in subsection (2) are parties to the appeal.

  “(4) The right of appeal under subsection (1) is independent of the offender's right of appeal against conviction and sentence for the relevant offence or offences.

  “(5) The court must set aside the confiscation of the motor vehicle if satisfied that the ground of appeal stated in subsection (1) applies.

  “(6) For the purposes of subsection (1),—

  • “(a) if the order was made in a District Court, the appeal must be brought in the High Court in accordance with the High Court Rules:

  • “(b) if the order was made in the High Court, the appeal must be brought in the Court of Appeal in accordance with the rules of court governing civil appeals to that court.”

“136A Registrar must apply for deregistration of motor vehicle subject to confiscation and destruction order

• If, under section 129A or 136(4), the court orders a motor vehicle to be confiscated and destroyed, the Registrar—

  • “(a) is, for the purposes of the Land Transport Act 1998 and any regulations made under it, entitled to apply for the cancellation of the registration of the motor vehicle; and

  • “(b) must make that application before the motor vehicle is sold or disposed of.”

• “(c) if 1 or more security agreements have been brought to the notice of the Registrar before the proceeds of sale are fully applied, and have been established to the Registrar's satisfaction, in payment to each secured party of the amount to which the secured party would, but for the extinguishment of the security interest concerned, have been entitled under that agreement:”.

• “(fa) in payment of any fees and accident insurance levies prescribed under section 242(2)(b) of the Land Transport Act 1998 that are outstanding in respect of the vehicle:

• “(fb) in payment of any road user charges under section 9 of the Road User Charges Act 1977 that are outstanding in respect of the vehicle:”.

• “(3A) If any proceeds of sale are required to be applied to 2 or more security interests under subsection (3)(c), those proceeds must be applied in the order of priority determined for those security interests by Part 7 or 8 of the Personal Property Securities Act 1999.”

• “(5) The person to whom a motor vehicle is sold under this section obtains, by virtue of this section, good title to the motor vehicle free of all ownership interests and other proprietary interests held in the motor vehicle before that sale.”

• “(5) A motor vehicle may be sold under this section even though it fails to comply in any respect with section 242 of the Land Transport Act 1998, and the purchaser of that motor vehicle—

  • “(a) is, despite that Act or any other enactment, entitled to tow the motor vehicle to any appropriate place; and

  • “(b) in so towing the vehicle, is under no criminal or civil liability merely because of the failure of the vehicle to comply with that section; and

  • “(c) must comply in all respects with that Act as soon as the motor vehicle has been towed to that place.

• “(6) If the Registrar considers that a motor vehicle is not roadworthy and that it would be uneconomic to render it roadworthy, the Registrar must, before the motor vehicle is sold under this section, apply, under the Land Transport Act 1998, to have the registration of the motor vehicle cancelled as if the Registrar were the person who, under that Act, is entitled to apply for that cancellation.

• “(7) The person to whom a motor vehicle is sold under this section obtains, by virtue of this section, good title to the motor vehicle free of all ownership interests and other proprietary interests held in the motor vehicle before that sale.”

• “(2) If the Registrar proposes to dispose of a motor vehicle under subsection (1), the Registrar—

  • “(a) is, for the purposes of the Land Transport Act 1998 and any regulations made under it, entitled to apply for the cancellation of the registration of the motor vehicle; and

  • “(b) must make that application before the disposal of the motor vehicle.

• “(3) The person to whom a motor vehicle is disposed of under this section obtains, by virtue of this section, good title to the motor vehicle free of all ownership interests and other proprietary interests held in the motor vehicle before that disposition.”

• “(4) Part 3 (except section 84) of the Summary Proceedings Act 1957 (or, if applicable, section 19 of the Crimes Act 1961 or section 28I of the District Courts Act 1947) applies with any necessary modifications to any amount the offender is liable to pay under subsection (1) as if it were a fine.”

• “(2A) On the transfer of the motor vehicle under subsection (2) to the lessor, the lease is cancelled.”

“140A What happens if lessor does not apply to Registrar before motor vehicle sold or disposed of

• “(1) This section applies if—

  • “(a) section 140 applies; but

  • “(b) the lessor does not apply to the court for the transfer of the motor vehicle under section 140(1) before it is sold or disposed of; and

  • “(c) the vehicle is sold; and

  • “(d) the proceeds of the sale have not been fully applied.

  “(2) The lessor may apply to the court for the release of the proceeds of the sale of the motor vehicle that have not been applied.

  “(3) On an application under subsection (2), the Registrar or a District Court Judge may release the proceeds of the sale of the motor vehicle in accordance with subsections (4) and (5).

  “(4) The proceeds of the sale of the motor vehicle must be applied in accordance with section 137 as if the lease were a security agreement as defined in section 127(1) and the lessor were a secured party as defined in that subsection.

  “(5) However, despite subsection (4), section 137 applies subject to the following modifications:

  • “(a) the proceeds of the sale of the motor vehicle must be applied in payment to the lessor of the amount to which the lessor would, but for the sale, have been entitled to under the lease; and

  • “(b) the proceeds of the sale of the motor vehicle must be applied in the manner and order of priority set out in section 137, except that,—

    • “(i) in the case of a lease for a term of less than 1 year, those proceeds must be applied for the payment to the lessor described in paragraph (a) after they are applied for the payments described in section 137(3)(a) and (b), but before they are applied for the remainder of the payments described in section 137(3)(c) to (g); and

    • “(ii) in the case of a lease for a term of more than 1 year, those proceeds must be applied for the payment to the lessor described in paragraph (a) as if they were payments described in section 137(3)(c) and section 137(3)(c) and (3A) applied.

  “(6) On the release of the proceeds of the sale of the motor vehicle to the lessor, the lease is cancelled.”

• “(3A) If 2 or more secured parties have applied for an order under subsection (3), then the court must transfer the motor vehicle to the secured party with the highest-ranking security interest under the order of priority determined by Part 7 or 8 of the Personal Property Securities Act 1999.”

• “(5) The person to whom a motor vehicle is sold under a direction given under subsection (3)(b) obtains, by virtue of this section, good title to the motor vehicle free of all ownership interests and other proprietary interests held in the motor vehicle before that sale.”

• “(b) pay into court the proceeds of the sale, less—

  • “(i) any costs paid under section 141A; and

  • “(ii) the amount of the costs and expenses of, and incidental to, the sale.”

“141C Failure by secured party to sell or account for proceeds

• “(1) If the court has directed a secured party under section 141(3)(b) to sell a motor vehicle and the secured party fails to do so within a reasonable time, the Registrar may require any person in possession of the vehicle to surrender it to the Registrar, or a bailiff or constable, at a specified time and place.

  “(2) If the person in possession of the motor vehicle fails to surrender the motor vehicle at the time and place specified by the Registrar, the court may issue a warrant in the prescribed form authorising the Registrar or any bailiff or constable to recover the motor vehicle.

  “(3) For the purpose of executing a warrant issued under subsection (2), the Registrar or bailiff or constable executing it may enter on any premises, by force if necessary, if the Registrar, bailiff, or constable 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) If a motor vehicle is surrendered to or recovered by any bailiff or constable under this section, that officer must, as soon as practicable, deliver it into the custody of the Registrar.

  “(6) Sections 133 and 134 apply, with any necessary modifications, in respect of a motor vehicle surrendered or recovered under this section and to a warrant issued under this section.

  “(7) As soon as practicable after the motor vehicle is delivered into the Registrar's custody under subsection (5), the Registrar must arrange for its sale under section 137 or its disposal under section 138.

  “(8) A secured party who fails, in whole or in part, to pay into court the money required under section 141B(1)(b) is liable to the Crown for any amount not paid, and that amount may be recovered from the secured party as a debt due to the Crown.”

• “(b) sections 83(2)(a) and (b), 87(1)(a), and 88 of the Summary Proceedings Act 1957 do not apply.”

“145 Maximum period of detention for administrative tasks

• “(1) The purpose of this section is to provide for the maximum period for which an offender may be detained in the custody of the court, on any 1 occasion, to allow any administrative tasks to be completed if—

  • “(a) 2 or more of those tasks apply or relate to the offender; and

  • “(b) they have to be completed at the same time.

  “(2) An offender may be detained in the custody of the court for a period not exceeding 3 hours if the offender is required, at any time before sentencing, to complete both of the following:

  • “(a) make a declaration of financial capacity in accordance with section 42:

  • “(b) make a declaration of ownership of a motor vehicle in accordance with section 130.

  “(3) An offender may be detained in the custody of the court for a period specified in subsection (4) if, at any time after sentencing, 2 or more of the following are required to be completed:

  • “(a) the offender to make a declaration of financial capacity in accordance with section 42:

  • “(b) an order for a community-based sentence to be drawn up and a copy given to the offender under section 74:

  • “(c) an order for a sentence of home detention to be drawn up and a copy given to the offender under section 80ZC:

  • “(d) a non-association order to be drawn up and a copy given to the offender under section 115:

  • “(e) a protection order to be drawn up and served on the offender under section 123E.

  “(4) The period referred to in subsection (3) is—

  • “(a) a period not exceeding 3 hours if any 2 administrative tasks are required to be completed; or

  • “(b) a period not exceeding 4 hours if any 3 or more administrative tasks are required to be completed.

  “(5) If an offender is detained in the custody of the court for 2 or more orders for community-based sentences to be drawn up under section 74, each order is a separate administrative task for the purposes of subsection (4).

  “(6) Nothing in this section limits or affects sections 42A, 74(4), 80ZC(4), 115(2), 123E(2), and 130(3) if the administrative task described in each of those sections is undertaken separately on any 1 occasion, rather than in conjunction with other administrative tasks.

  “(7) In this section, administrative task means a task of a kind specified in subsection (2) or, as the case may be, subsection (3).”