1: Title
This Act is the Land Transport (Enforcement Powers) Amendment Act 2009
2: Commencement
1: Sections 9 10 17 20 21 40(2)
2: Sections 4(2) and (3) 5 13 to 16 34 39(2)
3: The rest of this Act comes into force on 1 December 2009. Section 2(1) amended 10 May 2011 section 100(3) Land Transport (Road Safety and Other Matters) Amendment Act 2011
3: Principal Act amended
This Act amends the Land Transport Act 1998 OIC Land Transport Act 1998 ss 9, 10, 17, 18, 20 and 21 2009-11-01 Land Transport Act 1998 ss 4(2) and (3), 5, 13 to 16, and 34 2009-12-01 Land Transport Act 1998 ss 4(1), 6, 7, 8, 11, 12, 19, 22 to 33, 35, 36
1: Amendments to Land Transport Act 1998
4: Interpretation
1: Section 2(1) cruising
a: draws attention to the power or sound of the engine of the motor vehicle being driven; or
b: creates a convoy that—
i: is formed otherwise than in trade; and
ii: impedes traffic flow qualifying bylaw section 22AB(1)(b)
a: restricting or placing conditions on the racing of motor vehicles or any associated activities:
b: controlling or restricting cruising or any associated activities Registrar .
2: Section 2(1) controlled drug
3: Section 2(1) qualifying drug
a: means any substance, preparation, mixture, or article containing—
i: a controlled drug specified in Schedule 1 (except thalidomide), Schedule 2, or Part 1, 4, or 7 of Schedule 3 of the Misuse of Drugs Act 1975; and
ii: any of the following drugs:
A: Alprazolam:
B: Bromazepam:
C: Brotizolam:
D: Camazepam:
E: Chlordiazepoxide:
F: Clobazam:
G: Clonazepam:
H: Clotiazepam:
I: Cloxazolam:
J: Delorazepam:
K: Diazepam:
L: Estazolam:
M: Ethyl loflazepate:
N: Fludiazepam:
O: Flunitrazepam:
P: Flurazepam:
Q: Halazepam:
R: Haloxazolam:
S: Ketazolam:
T: Loprazolam:
U: Lorazepam:
V: Lormetazepam:
W: Medazepam:
X: Midazolam:
Y: Nimetazepam:
Z: Nitrazepam:
ZA: Nordazepam:
ZB: Oxazepam:
ZC: Oxazolam:
ZD: Pinazepam:
ZE: Prazepam:
ZF: Temazepam:
ZG: Tetrazepam:
ZH: Triazolam; and
b: includes—
i: any controlled drug analogue (within the meaning of controlled drug analogue in section 2(1) of the Misuse of Drugs Act 1975); and
ii: any prescription medicine; but
c: excludes any substance, preparation, mixture, or article specified in paragraph (a) or (b)(i) .
5: Persons may not drive or attempt to drive while impaired and their blood contains evidence of use of controlled drug or prescription medicine
1: The heading to section 11A is amended by omitting controlled drug or prescription medicine qualifying drug
2: Section 11A is amended by repealing paragraph (b) and substituting the following paragraph:
b: that person's blood contains evidence of the use of a qualifying drug.
6: Drivers and other road users to comply with directions of enforcement officers, etc
Section 13
1AA: A person driving a motor vehicle that has a warning notice given under section 22AE
7: Persons not to engage in unauthorised street or drag racing, or other related prohibited activities on roads
Section 22A
3A: A person may not, without reasonable excuse, operate a motor vehicle on a road in a manner that contravenes a bylaw made under section 22AB or 22AC
8: New heading and sections 22AB to 22AF inserted
The following heading and sections are inserted after section 22A Bylaws
22AB: Road controlling authorities may make certain bylaws
1: A road controlling authority may make any bylaw that it thinks fit for 1 or more of the following purposes:
a: controlling, restricting, or prohibiting cruising, including (but not limited to)—
i: specifying the section of road or roads on which cruising is controlled, restricted, or prohibited:
ii: prescribing the period of time that must elapse between each time a driver drives on a specified section of road for the driver to avoid being regarded as cruising:
b: prescribing fines, not exceeding $500, for the breach of any bylaw made under this section.
2: A bylaw made under subsection (1)
a: to all roads, any specified road, or any part of a specified road under the care, control, or management of the road controlling authority making the bylaw:
b: to all vehicles or traffic or to any specified class or classes of vehicles or traffic using a road under the care, control, or management of the road controlling authority making the bylaw:
c: at any specified time or times.
3: A bylaw made under subsection (1)
4: A copy of every bylaw made under this section by a road controlling authority must, within 1 week after being made, be sent by the road controlling authority to the Minister, who may at any time disallow the bylaw or any part of the bylaw under section 22AC
5: Nothing in this section—
a: applies to any railway on, over, or across any road; or
b: limits any provision in this Act or any other Act, or any provision in any rules or regulations made under this Act or any other Act, regarding the regulation of traffic on roads; or
c: limits the power to make bylaws conferred on a road controlling authority under any other Act.
6: In this section, railway
22AC: Minister may amend, replace, or disallow bylaws
1: The Minister may, by notice published in the Gazette section 22AB
a: is inconsistent with any enactment; or
b: is unreasonable or undesirable in so far as it relates to or may affect traffic.
2: On any disallowance under subsection (1)
3: Any disallowance under subsection (1) Gazette
22AD: Consultation
1: A road controlling authority that is a local authority may not make a bylaw under section 22AB
2: A road controlling authority that is not a local authority may not make a bylaw under section 22AB
a: the occupiers of any properties adjoining the road to which the proposed bylaw would apply; and
b: any affected road controlling authorities that are responsible for roads that join, or are located near, the road to which the proposed bylaw would apply; and
c: the territorial authority for the area where the road is located; and
d: any affected local community; and
e: the Commissioner of Police; and
f: any other organisation or road user group that the road controlling authority considers affected; and
g: the Agency (if the road controlling authority is not the Agency).
3: The road controlling authority must—
a: give notice in writing to the persons specified in subsection (2)
b: give those persons a reasonable time, which must be specified in the notice, to make submissions on the proposal.
22AE: Publication and proof of bylaws
1: As soon as practicable after a bylaw is made, the road controlling authority must give public notice of the making of the bylaw, stating—
a: the date on which the bylaw comes into force; and
b: that copies of the bylaw may be inspected and obtained at the office of the relevant road controlling authority on payment of a specified amount.
2: A road controlling authority must—
a: keep copies of all its bylaws at the office of the road controlling authority; and
b: make its bylaws available for public inspection, without fee, at reasonable hours at the office of the road controlling authority; and
c: supply to any person, on request and on payment of a reasonable charge, a copy of any of its bylaws.
3: The production of any document purporting to contain a printed copy of any bylaw made under section 22AB
22AF: Warning notices
1: If a motor vehicle is operated in a manner that breaches a qualifying bylaw, an enforcement officer may attach a warning notice to the motor vehicle (instead of, or in addition to, issuing an applicable infringement notice).
2: The warning notice must be—
a: in the form prescribed by the Minister of Police by notice in the Gazette
b: attached to the motor vehicle subject to the warning notice in a manner that—
i: is visible; but
ii: does not interfere with the driver's view of the road.
3: A warning notice attached to a motor vehicle under subsection (1)
a: is in effect for a period of 90 days from the date of its attachment; and
b: must remain attached to the motor vehicle for that period.
9: Certain driver licences have no effect
Section 9 repealed 10 May 2011 section 100(3) Land Transport (Road Safety and Other Matters) Amendment Act 2011
10: Driver licences are property of Agency and are to be surrendered in certain circumstances
Section 10 repealed 10 May 2011 section 100(3) Land Transport (Road Safety and Other Matters) Amendment Act 2011
11: New section 36AB inserted
The following section is inserted after section 36A
36AB: Contravention of sections 7 and 114
If a person commits an offence specified under section 35 or 36 in a manner that contravenes sections 7 and 114, a court, in sentencing or otherwise dealing with the person for the offence, must treat the contravention of section 114 as an aggravating factor.
12: Contravening notices, requirements, etc, given or imposed by enforcement officers
Section 52
3: If a person is convicted of an offence against section 114 and has previously been convicted of an offence against section 114 or, while failing to comply with section 114, exceeded the applicable speed limit or operated a motor vehicle in an otherwise dangerous manner, a court must order the person to be disqualified from holding or obtaining a driver licence for 3 months.
4: If a person is convicted for a third or subsequent offence against section 114,—
a: the maximum penalty is imprisonment for a term not exceeding 3 months; and
b: the court must order the person to be disqualified from holding or obtaining a driver licence for 1 year.
5: A disqualification ordered under subsection (3) or (4)
6: A person commits an offence if the person fails or refuses to provide information or provides false information with respect to any request for information made by an enforcement officer under section 118.
7: The maximum penalty on conviction for an offence against subsection (6)
8: If a person removes, obscures, or makes indistinguishable a warning notice attached to a motor vehicle while the notice is in effect, the person commits an offence and is liable on conviction to a fine not exceeding $10,000.
13: Driving while impaired and with blood that contains evidence of use of controlled drug or prescription medicine
1: The heading to section 57A controlled drug or prescription medicine qualifying drug
2: Section 57A(1) is amended by repealing paragraph (b) and substituting the following paragraph:
b: the person's blood, as ascertained from an analysis of a blood specimen subsequently taken under section 72 or 73, contains evidence of the use of a qualifying drug.
14: Causing injury or death in circumstances to which section 61 does not apply
Section 62(1B)
c: the person's blood, as ascertained from an analysis of a blood specimen subsequently taken under section 72 or 73, contains evidence of the use of a qualifying drug.
15: Defences
1: Section 64(1A) controlled drug or prescription medicine qualifying drug
2: Section 64(1A)(a)(ii) drug or medicine qualifying drug
16: Circumstances in which certificate not admissible in proceedings
Section 79(4)(e) controlled drug or any prescription medicine qualifying drug
17: Effect of disqualification
Section 17 repealed 10 May 2011 section 47 Land Transport (Road Safety and Other Matters) Amendment Act 2011 (2011 No 13).
18: New sections 82A and 82B inserted
Section 18 repealed 10 May 2011 section 100(3) Land Transport (Road Safety and Other Matters) Amendment Act 2011
19: Holder to undergo approved tests or courses if disqualified for more than 1 year
Section 83(1)(b) or endorse the existing licence
20: New licence or endorsement to be issued if disqualified driver qualifies for specified vehicle classes
Section 20 repealed 10 May 2011 section 100(3) Land Transport (Road Safety and Other Matters) Amendment Act 2011
21: Suspension of licence or disqualification from driving under demerit points system
Section 21 repealed 10 May 2011 section 100(3) Land Transport (Road Safety and Other Matters) Amendment Act 2011
22: Vehicle seized and impounded for 28 days in certain circumstances
1: Section 96
1AA: An enforcement officer must, if practicable, seize and impound, or seize and authorise the impoundment of, a motor vehicle for 28 days if the officer believes on reasonable grounds that—
a: the driver operated the vehicle in a manner that breached a qualifying bylaw; and
b: the vehicle is subject to a warning notice attached under section 22AF
2: Section 96(1A) may must, if practicable,
3: Section 96
1AB: An enforcement officer may seize and impound, or seize and authorise the impoundment of, a motor vehicle for 28 days if the officer believes on reasonable grounds that a person driving the vehicle has failed to stop as signalled, requested, or required under section 114(1) or (2).
4: Section 96(2)(a)(i) name and address full name and full address
5: Section 96
2A: The driver of a motor vehicle seized or impounded under this section must, if requested to do so by an enforcement officer,—
a: provide the driver's—
i: full name; and
ii: full address; and
iii: date of birth; and
iv: occupation; and
v: telephone number; and
vi: driver licence number:
b: provide, if known to the driver and the driver is not the registered person, the registered person's—
i: full name; and
ii: full address; and
iii: date of birth; and
iv: occupation; and
v: telephone number.
6: Section 96
4: Personal property (other than property attached to or used in connection with the operation of the vehicle) present in a motor vehicle at the time of the seizure and impoundment must be released on request to a person who produces satisfactory evidence to the effect that he or she was lawfully entitled to possession of the vehicle or personal property immediately before the vehicle was moved.
4A: Personal property present in a motor vehicle at the time of the seizure and impoundment must be released subsequently to—
a: a bailiff or constable who is executing a warrant to seize property:
b: a person acting on behalf of the owner of the goods if the person produces satisfactory evidence of the owner's consent to such release.
7: Section 96(6)(a) or (1AA) subsection (1AB) (1A)
23: Impoundment of vehicle used in transport service
1: Section 96A(2)(a)(i) name and address full name and full address
2: Section 96A(2)(a)(ii) name and address full name and full address
3: Section 96A
2A: The driver of a motor vehicle seized or impounded under this section must, if requested to do so by an enforcement officer,—
a: provide the driver’s—
i: full name; and
ii: full address; and
iii: date of birth; and
iv: occupation; and
v: telephone number; and
vi: driver licence number:
b: provide, if known to the driver and different from the driver, the transport service operator’s—
i: full name; and
ii: full address; and
iii: date of birth (if an individual); and
iv: telephone number.
4: Section 96A
4: Personal property (other than property attached to or used in connection with the operation of the vehicle) present in a motor vehicle at the time of the seizure and impoundment must be released on request to a person who produces satisfactory evidence to the effect that he or she was lawfully entitled to possession of the vehicle or personal property immediately before the vehicle was moved.
5: Personal property present in a motor vehicle at the time of the seizure and impoundment must be released subsequently to—
a: a bailiff or constable who is executing a warrant to seize property:
b: a person acting on behalf of the owner of the goods if the person produces satisfactory evidence of the owner's consent to such release.
24: Storage of impounded vehicles
1: Section 97(3) impounded owner of the
2: Section 97
3A: The fees and charges referred to in subsection (2) are recoverable from the chief executive of the Ministry of Justice by the vehicle recovery service operator or storage provider if an impounded vehicle is seized or confiscated from impoundment under the Summary Proceedings Act 1957 or the Sentencing Act 2002.
3: Section 97
6: The storage provider must immediately comply with—
a: a direction given under this Act to release the vehicle to the owner or a person authorised for the purpose by the owner; or
b: a warrant to seize property executed by a bailiff or constable under section 94 of the Summary Proceedings Act 1957; or
c: a warrant of confiscation under section 132 of the Sentencing Act 2002 executed by a Registrar, bailiff, or constable.
4: Section 97(7) the chief executive of the Ministry of Justice, or a Registrar, The Commissioner,
5: Section 97
8: For the purposes of subsection (7), Registrar
25: Release of vehicle after 28 days
1: Section 98
1: On or after the close of the 28-day impoundment period, the registered person in respect of the vehicle, or a person authorised for the purpose by the registered person, or a bailiff or a constable executing a warrant to seize property under section 94 of the Summary Proceedings Act 1957, or a Registrar, bailiff, or constable executing a warrant of confiscation under section 132 of the Sentencing Act 2002, is entitled to remove the vehicle from storage by—
a: showing the storage provider proof of identity and either,—
i: in the case of the registered person in respect of the vehicle, or a person authorised for the purpose by him or her, proof of ownership of the vehicle or the owner's copy of the notice of acknowledgement of seizure and impoundment; or
ii: in the case of a Registrar, bailiff, or constable, the warrant; and
b: paying the fees and charges for towage and storage of the vehicle, or entering into an arrangement to pay those fees and charges.
2: Subsection 98(2) subsection (1) is subsections (1), (6), and (7)
3: Section 98(4) dispose of the vehicle and may, with the officer's approval, dispose of the vehicle on such terms and conditions as the officer thinks fit dispose of the vehicle, and any personal property found in the vehicle, and may, with the officer's approval, dispose of the vehicle, and any personal property found in the vehicle, on the terms and conditions that the officer thinks fit
4: Section 98(5) , and any personal property found in the vehicle, vehicle
5: Section 98
6: Before removing a vehicle under subsection (1), a bailiff or constable executing a warrant to seize property under section 94 of the Summary Proceedings Act 1957, or a Registrar, bailiff, or constable executing a warrant of confiscation under section 132 of the Sentencing Act 2002, must—
a: pay any unpaid fees and charges referred to in section 97(2) related to the vehicle to be removed; or
b: enter into an arrangement with the storage provider for the payment of any unpaid fees and charges that the owner of the impounded vehicle is liable to pay under section 97(2) in relation to the vehicle to be removed.
7: Despite anything in subsections (1) to (6)
a: in the case of a bailiff or constable executing a warrant to seize property under section 94 of the Summary Proceedings Act 1957, the period during which an impounded vehicle may be seized—
i: begins immediately on the expiry of the applicable 14-day appeal period specified in section 102; and
ii: ends when—
A: the vehicle is released under subsection (1); or
B: the storage provider becomes the owner of the vehicle under subsection (5):
b: in the case of a Registrar, bailiff, or constable executing a warrant of confiscation under section 132 of the Sentencing Act 2002, the period during which an impounded vehicle may be seized—
i: begins immediately on the impoundment of the vehicle; and
ii: ends when—
A: the vehicle is released under subsection (1); or
B: the storage provider becomes the owner of the vehicle under subsection (5).
26: New heading and sections 98A and 98B inserted
The following heading and sections are inserted after section 98 Prohibiting sale or disposal of motor vehicles
98A: Commissioner may prohibit sale or disposal of certain motor vehicles
1: This section applies if—
a: a person is charged with an offence under this Act or any other enactment that would, if the person is convicted of the offence, permit or require a court to order the confiscation of the person's motor vehicle under the Sentencing Act 2002; and
b: the Commissioner believes, on reasonable grounds in the circumstances, that the court would, if the person is convicted of the offence, order the confiscation of the person's motor vehicle under the Sentencing Act 2002.
2: If this section applies, the Commissioner may prohibit the sale or disposal of the motor vehicle by giving notice in the prescribed form to—
a: the person who is charged; and
b: the registered person of the motor vehicle (if a person other than the person who is charged).
3: A person notified under subsection (2)
a: the motor vehicle specified in the notice:
b: any parts of the motor vehicle specified in the notice.
4: The Commissioner—
a: must cancel the notice given under subsection (2)
i: does not own, or does not have a legal or equitable interest in, the motor vehicle specified in the notice; or
ii: is not convicted of an offence that would permit or require a court to order the confiscation of the person's motor vehicle under the Sentencing Act 2002; or
iii: is convicted of such an offence but a court does not order the confiscation of the person's motor vehicle under the Sentencing Act 2002; or
b: may cancel the notice given under subsection (2)
i: the motor vehicle specified in the notice was stolen or converted at the time the person charged used it in a way that gave rise to the charge; or
ii: the owner of the vehicle specified in the notice took all reasonable steps to prevent the person charged from using the vehicle in a way that gave rise to the charge; or
iii: the Commissioner is satisfied that prohibiting the sale of the motor vehicle specified in the notice would entail undue hardship to the person charged, the owner of the motor vehicle, or any other person.
98B: Appeal of notice to District Court
1: Any person who is given notice under section 98A
2: The court must determine the appeal on 1 or more of the grounds specified in section 98A(4)
3: The court may confirm or cancel the notice.
4: Every notice appealed against under this section 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.
27: Appeal to Police against impoundment of vehicle
1: Section 102(1)
f: if section 96(1A), (1AA) (1AB) 22AF .
2: Section 102(1)
g: if section 96(1A), (1AA) (1AB) 22AF .
3: Section 102(2) and lodged no later than 14 days after the date on which the vehicle is seized and impounded
28: Appeal against refusal of Police to direct release of impounded vehicle
Section 110
1A: If a person fails to lodge an appeal under section 102 within the time specified, the person may, if an enforcement officer agrees, appeal to a District Court.
1B: An enforcement officer may agree in writing to an appeal under subsection (1A)
29: Enforcement officers may enforce transport legislation
Section 113(2)(a) name and address and date of birth, full name, full address, date of birth, occupation, and telephone number,
30: Power to require driver to stop and give name and address, etc
Section 114(3)(b)(i) name and address and date of birth, full name, full address, date of birth, occupation, and telephone number,
31: Enforcement officers may give directions prohibiting driving of vehicles
Section 115
3A: When issuing a notice under subsection (3), an enforcement officer may direct the driver or owner of the vehicle to comply with any applicable requirements with respect to the noise emitted by the vehicle's exhaust system if the enforcement officer believes on reasonable grounds that the vehicle does not comply with those requirements.
3B: If a vehicle is subject to a direction under subsection (1) or (3) on the grounds that the vehicle's exhaust system exceeds any prescribed noise or decibel limits, the vehicle's exhaust system must, before new evidence of vehicle inspection may be issued, be certified as complying with the relevant limits in accordance with any prescribed testing and certification procedure.
32: New section 121A inserted
The following section is inserted after section 121
121A: Enforcement officer may give directions or immobilise vehicle if driver breaches certain licence conditions
1: An enforcement officer may exercise all or any of the powers conferred by subsection (2)
2: The enforcement officer may—
a: forbid the person to drive a motor vehicle until that person is able to comply with the conditions of that person's learner licence or restricted licence:
b: direct the person to drive to a specified place (for example, the person's home):
c: take possession of all ignition or other keys of the vehicle, and for that purpose require the person to deliver up immediately all such keys:
d: take any steps that may be necessary to make the motor vehicle immobile or to move the motor vehicle to a place where it does not constitute a traffic hazard.
3: An enforcement officer may arrest without warrant a person who fails to comply with a power exercised under subsection (2)
4: The power to take possession under subsection (2)(c) subsection (2)(d)
a: the driver is able to drive the vehicle without breaching the conditions of that driver's licence; or
b: another person is able to drive the vehicle without breaching—
i: that person's licence:
ii: any enactment.
33: New section 128C inserted
The following section is inserted after section 128B
128C: Enforcement officer's powers in respect of certain motor vehicles subject to service inspection and certification requirements
1: This section applies if an enforcement officer has reasonable cause to suspect that a motor vehicle (other than a heavy motor vehicle) that is subject to a rule or regulation regarding in-service inspection and certification does not comply with that rule or regulation.
2: If this section applies, an enforcement officer may direct the driver of that vehicle to—
a: drive the vehicle to a specified place for vehicle inspection; and
b: subject the vehicle to a vehicle inspection to determine whether it complies with any relevant enactment.
3: Except where the driver has failed to stop when directed under subsection (4) subsection (2)
4: The driver of a motor vehicle must, whenever directed by an enforcement officer, stop the vehicle and keep it stopped so that an enforcement officer may determine whether or not to—
a: take any action under subsection (2)
b: complete the exercise of any other power conferred on an enforcement officer by this Act.
34: Regulations
Section 167(1)(mc) controlled qualifying
35: Agency to maintain register of driver licences
Section 199(3) is specifically forbidden to drive a motor vehicle or
36: Regulations
Section 269(1)
sa: setting the number of demerit points to be recorded in respect of an offence that concerns the driving of a motor vehicle: .
2: Transitional provision and consequential amendments
37: Transitional provision in relation to Transport (Vehicle and Driver Registration and Licensing) Act 1986
In the period commencing on the commencement of this section and ending immediately before the commencement of section 32(2) sections 96(2A) 98(1) Transport (Vehicle and Driver Registration and Licensing) Act 1986
38: Transitional provision in relation to Land Transport (Offences and Penalties) Regulations 1999
In the period commencing on the commencement of this section and ending immediately before the commencement of section 32(2) Schedule 3 4 Transport (Vehicle and Driver Registration and Licensing) Act 1986
39: Acts consequentially amended
1: The Acts specified in Part 1
2: The Act specified in Part 2 2009-12-01 Land Transport Amendment Act 2009 Transport Act 1962 Transport (Vehicle and Driver Registration and Licensing) Act 1986 2009-11-01 Land Transport Act 1998 Land Transport Amendment Act 2009 Summary Proceedings Act 1957
40: Regulations and rules consequentially amended
1: The regulations and rules specified in Part 1
2: The regulations and rules specified in Part 2 2009-12-01 Land Transport (Offences and Penalties) Regulations 1999 Land Transport (Ordering a Vehicle off the Road) Notice 1999 OIC Land Transport (Driver Licensing and Driver Testing Fees) Regulations 1999 Land Transport (Driver Licensing) Rule 1999


1: Title
This Act is the Sentencing (Vehicle Confiscation) Amendment Act 2009.
2: Commencement
This Act comes into force on 1 December 2009.
3: Principal Act amended
This Act Sentencing Act 2002 2009-12-01 Sentencing Act 2002
4: Purpose
The purpose of this Act
a: strengthening the powers of the courts to order the confiscation of motor vehicles:
b: empowering the courts to order the destruction of motor vehicles used by persistent illegal street racing offenders.
5: Interpretation of terms used in sections 128 to 142
1: Section 127(1) impoundment costs Land Transport Act 1998 section 167 of that Act person who is registered Land Transport Act 1998 written caution section 129B
2: Section 127
3: For the purposes of sections 128 to 142 substitute for the offender substitute
a: the person is served with a written caution, under section 129B
b: within 4 years after the date of the commission of the offence for which that written caution was served, the offender commits a further offence specified in section 128(1)
6: Confiscation of motor vehicle
1: Section 128(1)(b) 52(1)(aa), 52(1)(c) (but only in relation to failing to stop in accordance with section 114(2) or failing to give particulars in accordance with section 114(3)), 39(1),
2: Section 128
2: A court may exercise the power in subsection (3) if a person is convicted of an offence referred to in subsection (1) and the court by or before which the offender is convicted is satisfied—
a: that a motor vehicle—
i: was used to commit or facilitate the commission of the offence, whether or not the offender was the driver or person in charge; or
ii: in the case of an offence against any of the provisions of sections 35(1)(a) and (b), 36(1)(a), 36A(1)(a) and (c), 38(1), 39(1), 52(1)(aa) and (c), and 56 to 62 of the Land Transport Act 1998, was being driven by, or in the charge of, the offender at the material time; or
iii: was used by the offender, whether or not the offender was the driver or person in charge, to facilitate the offender's flight or avoid his or her detection or arrest after the commission of the offence; and
b: that, at the time of the conviction, the offender or a substitute for the offender owns the motor vehicle or has an interest in the motor vehicle.
3: Section 128
3A: The court must not make an order under this section in respect of a motor vehicle that a substitute for an offender owns or has an interest in if satisfied that—
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.
4: Section 128(5)(a) or, as the case requires, to the substitute for the offender the offender
5: Section 128(5)(c) , or, as the case requires, the interest of the substitute for the offender, offender's interest
7: New sections 129A to 129F inserted
The following sections are inserted after section 129
129A: Confiscation and destruction after third illegal street racing offence
1: This section applies if—
a: an offender commits an offence against section 36A(1)(a) or (c) of the Land Transport Act 1998 (the current offence
b: the offender has previously been convicted of 2 offences (the previous offences
2: For the purpose of subsection (1)
3: The court by or before which the offender is convicted of the current offence may order the confiscation and destruction of any motor vehicle if satisfied that the offender was driving, or was in charge of, the motor vehicle at the material time and that—
a: the offender owns or has any interest in the motor vehicle; or
b: a substitute for the offender owns or has an interest in the motor vehicle if the written caution served on the substitute was issued in respect of an offence specified in subsection (1)(a)
4: The court must not make an order under subsection (3)
129B: Written caution to persons with interest in motor vehicles involved in offences
1: Subsection (2)
a: a court convicts an offender of an offence specified in section 128(1) involving a motor vehicle; and
b: the court is satisfied the offence was committed in circumstances that would permit or require the confiscation of the motor vehicle under section 128, 129, or 129A
c: it appears to the court that the offender does not own or have an interest in the motor vehicle.
2: The court by or before which the offender is convicted must order that a written caution be served on every person (other than the offender) who is registered in respect of the motor vehicle or who the court believes owns or has an interest in the motor vehicle.
3: Despite subsection (2)
a: on anyone if the court is satisfied that the motor vehicle—
i: was stolen or converted at the material time; or
ii: was let on hire at the material time in accordance with a rental service licence under the Land Transport Act 1998:
b: on a person who the court is satisfied—
i: did not own or have an interest in the motor vehicle at the material time; or
ii: is a party to an encumbrance relating to the motor vehicle but has no relationship of another kind with the offender.
4: On any 1 occasion, a court may only order that 1 written caution is to be served on each recipient described in subsection (2)
5: A written caution must provide the following information:
a: the name and identifying details of the offender:
b: the relevant convictions against the offender:
c: the identifying details of the motor vehicle:
d: that the recipient is believed to own or have an interest in the motor vehicle and that none of the exceptions stated in subsection (3)
e: a warning that if the offender is convicted of a further offence specified in section 128(1) that involves a motor vehicle owned by the recipient or in which the recipient has an interest, the motor vehicle is liable to be confiscated or confiscated and destroyed:
f: the recipient’s right to seek a review of the court’s decision to order the service of the written caution on the recipient.
6: The written caution remains current for 4 years after the date of the commission of the offence for which that written caution is served.
7: A written caution ordered to be served on a person must be served on the person in one of the following ways:
a: by being delivered to the person personally or by being brought to the person's notice if the person refuses to accept it:
b: by being left for the person at the person's place of residence with another person (other than the offender) who appears to be of or over the age of 14 years.
8: A written caution may be served by one of the following persons:
a: a Police employee:
b: an officer of the court:
c: any person who is authorised to serve the written caution under a general or particular authority given by a District Court Judge or Registrar:
d: any officer or employee of a corporation that is authorised by the Secretary for Justice to serve the written caution.
9: An endorsement on a copy of a written caution stating the fact, the date, and the time of service and purporting to be signed by a person of a kind described in subsection (8)
129C: Review of written caution
1: A person served with a written caution may, within 20 working days after the date of service, apply to the court that ordered the service of the written caution for a review of the decision to serve the applicant on 1 or more of the following grounds:
a: the motor vehicle was stolen or converted at the material time:
b: the applicant did not own or have an interest in the motor vehicle at the material time:
c: the applicant is a party to an encumbrance relating to the motor vehicle 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
2: Every application must include a statutory declaration that specifies a ground stated in subsection (1)
3: The Registrar must promptly forward a copy of the application to the prosecuting agency in the proceeding that resulted in the relevant conviction.
4: The prosecuting agency may, within 10 working days after the day on which the copy of the application is forwarded to the agency, make a written submission to the court.
5: The court must conduct the review on the papers, unless the court considers a hearing necessary.
6: If satisfied that a ground stated in subsection (1)
a: the court must cancel the written caution served on the applicant:
b: if the ground for cancelling the applicant's written caution is that stated in subsection (1)(a) or (d)
c: the Registrar must advise, by ordinary post, facsimile, email, or other electronic means, every person (including the applicant) whose written caution is cancelled of that outcome:
d: if a written caution served on a person is cancelled, the written caution is deemed not to have been served on the person.
129D: Written caution of no effect if conviction quashed
1: If all of the convictions in respect of which a written caution has been served on a person are quashed, and no convictions for offences qualifying for confiscation under section 128, 129, or 129A
2: If a written caution ceases to have effect under subsection (1)
129E: Appeal against confiscation by persons treated as substitutes
1: If the court orders, under section 128 or 129A
a: the appellant did not own or have an interest in the motor vehicle at the material time:
b: the motor vehicle was stolen or converted at the material time:
c: the appellant did not know, and could not reasonably have known, that the offender would commit the offence or offences:
d: the appellant took all reasonable steps to prevent the offender from committing the offence or offences:
e: the appellant had not, prior to the commission of the offence or offences, been served with a written caution under section 129B
f: the appellant is a party to an encumbrance relating to the motor vehicle but has no relationship of another kind with the offender:
g: the motor vehicle was let on hire at the material time in accordance with a rental service licence under the Land Transport Act 1998
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 other person treated as a substitute who owns or has an interest in the motor vehicle.
3: The persons described in subsection (2)
4: The right of appeal under subsection (1)
5: The court must set aside the confiscation of the motor vehicle if satisfied that—
a: a ground stated in subsection (1)(b) or (g)
b: another ground stated in that subsection applies to the appellant and to every other person who is treated as a substitute for the offender.
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.
129F: Warning notice to secured parties if confiscation not ordered for second illegal street racing offence
1: This section applies if—
a: an offender commits an offence against section 36A(1)(a) or (c) of the Land Transport Act 1998 current offence
b: the offender has previously been convicted of an offence (the previous offence section 36A(1)(a) or (c) of the Land Transport Act 1998
c: the court by or before which the offender is convicted of the current offence is satisfied that a motor vehicle owned by the offender or by the substitute for the offender or in which the offender or the substitute has any interest was being driven by, or in the charge of, the offender at the material time; and
d: the court does not order the confiscation of the motor vehicle.
2: The Registrar must—
a: check whether a financing statement has been registered in respect of the motor vehicle on the personal property securities register kept under the Personal Property Securities Act 1999
b: issue a warning notice stating that any motor vehicle owned by the offender or by the substitute for the offender or in which the offender or the substitute has an interest is liable to be confiscated and destroyed if the offender commits another offence against section 36A(1)(a) or (c) of the Land Transport Act 1998
c: send the warning notice, by ordinary post, facsimile, email, or other electronic means to every person (other than the offender or the substitute) who the Registrar believes is a party to an encumbrance relating to the motor vehicle.
3: The jurisdiction of a court to make a confiscation and destruction order under section 129A or 136(4) subsection (2)
8: Court may order declaration of ownership to be completed
1: Section 130(1) section 128 or section 129 section 128, 129, or 129A
2: Section 130(2)(b) (including any encumbrance) any interest
9: New section 130A inserted
The following section is inserted after section 130
130A: Court may disregard disposal of motor vehicle by person after written caution
1: This section applies if—
a: a person has been served with a written caution under section 129B
b: after being served with the written caution, the person purports to dispose of his or her ownership interest or other interest in the motor vehicle described in the written caution; and
c: following that disposition, the offender is convicted of a further offence specified in section 128(1) involving that motor vehicle; and
d: it appears to the court that the offender does not own or have an interest in the motor vehicle.
2: If the circumstances of the further offence described in subsection (1)(c) 129A
a: the court may, if it thinks fit, set the disposition aside; and
b: section 128 or 129A
3: Before making an order under subsection (2)
10: If motor vehicle has been disposed of, court may prohibit offender from acquiring another motor vehicle
1: Section 131
1: This section applies if, in any case to which any of section 128, 129, or 129A
2: Section 131(2)(b)
3: Section 131(3) or the substitute for the offender made by the offender
4: Section 131(3)
b: section 128, 129, or 129A
11: Enforcement of confiscation order
1: Section 132
1: If a court makes a confiscation order under any of sections 128, 129, and 129A
2: Section 132(2) or the substitute for the offender the offender
3: Section 132(5)(a) or a substitute for an offender an offender
12: New section 132A inserted
The following section is inserted after section 132
132A: Offence to sell or dispose of motor vehicle subject to confiscation order
1: This section applies in any case where a motor vehicle—
a: is subject to an order under any of sections 128(3), 129(3), 129A(3) 136(4)
b: has not yet been surrendered to, or seized by, a Registrar, bailiff, or constable.
2: Every person commits an offence, and is liable on summary conviction to a fine not exceeding $2,000, who sells or disposes of the motor vehicle or any part of the motor vehicle.
13: Offender must not acquire new interest in motor vehicle for 12 months
1: Section 136(1)(a) section 128 or section 129 any of sections 128, 129, and 129A
2: Section 136
4: If a court convicts a person of an offence against this section, then instead of, or in addition to, imposing a fine, the court may order that the motor vehicle concerned be confiscated and, where this section applies because of an order under section 129A
5: If a court orders the confiscation, or the confiscation and destruction, of a motor vehicle under subsection (4) sections 130, 131 to 135, this section, and sections 136A to 142
14: New section 136A inserted
The following section is inserted after section 136
136A: Registrar must seek deregistration of motor vehicle subject to confiscation and destruction order
If, under section 129A 136(4) Land Transport Act 1998
15: Sale of confiscated motor vehicles
1: Section 137(1) court may direct Registrar, subject to any direction by the court, thinks fit
2: Section 137
3: Subject to subsection (4)
a: if the motor vehicle has been impounded under the Land Transport Act 1998
b: in payment of the costs of the sale (including all costs incurred in seizing the motor vehicle, towing and storing the vehicle, and complying with the provisions of this subpart preliminary to sale):
c: in satisfaction of any amount owed 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:
d: in payment of any sentence or order of reparation payable by the offender:
e: in payment of any levy payable by the offender under this Act:
f: in payment of any fine or court costs payable by the offender:
g: to the offender or, as the case requires, the substitute for the offender.
4: If the proceeds arise out of the sale of a motor vehicle owned by a substitute for the offender or in which the substitute had an interest, the proceeds must be applied in the manner and order of priority specified in subsection (3) paragraphs (d) and (f)
16: New sections 137A to 137C inserted
The following sections are inserted after section 137
137A: Certain sales conditional on dismantling and destruction
1: This section applies if any motor vehicle sold under section 137 is subject to a confiscation and destruction order under section 129A or 136(4)
2: The sale of the motor vehicle is subject to a condition that the purchaser dismantle the motor vehicle for any saleable parts and destroy the remainder of the motor vehicle, to the satisfaction of the Registrar.
3: The condition imposed by subsection (2)
4: The property in the motor vehicle does not pass from the Crown to the purchaser until the condition imposed by subsection (2)
137B: Failure to comply with condition to dismantle and destroy
1: Where the sale of a motor vehicle is subject to a condition imposed by section 137A(2)
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)
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 of the court.
6: Sections 133 and 134
137C: Sale of motor vehicle surrendered or recovered under section 137B
1: As soon as practicable after a motor vehicle is delivered into a Registrar’s custody under section 137B sections 137(1) and (2), 137A, and 137B
2: 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 recovering the motor vehicle, and towing and storing the vehicle):
b: in payment of the purchase price to the purchaser to whom the motor vehicle was sold under section 137
c: in payment of any unsatisfied amounts described in section 137(3)
17: Disposal of unsaleable confiscated vehicle
Section 138 or 137B section 132
18: New section 138A inserted
The following section is inserted after section 138
138A: Offender liable for outstanding costs of seizure, storage, and sale
1: If the amount realised from the sale of a motor vehicle under section 137 section 138 subsection (2)
2: The costs are,—
a: if the motor vehicle has been impounded under the Land Transport Act 1998, any impoundment costs; and
b: the costs of the sale (including all costs incurred in seizing the motor vehicle, towing and storing the vehicle, and complying with the provisions of this subpart preliminary to sale).
3: Subsection (1)
4: Part 3 (except sections 84 and 85) of the Summary Proceedings Act 1957 or (as the case may require) sections 19 to 19F of the Crimes Act 1961 apply with any necessary modifications to any amount the offender is liable to pay under subsection (1)
5: A certificate appearing to have been signed by the Registrar that, following the sale or disposal of a motor vehicle, the offender is liable to pay a sum under subsection (1)
19: New sections 140 to 141B substituted
Sections 140 141
140: Lessor under leasing agreement may apply to Registrar
1: The lessor (not being the offender or a substitute for the offender whose motor vehicle has been confiscated) under a leasing agreement of a confiscated motor vehicle (not being a motor vehicle that is to be destroyed under section 129A 136(4)
2: If subsection (1)
3: This section is subject to section 141A
141: Secured party may apply to court
1: Any party (not being the offender or a substitute for the offender whose motor vehicle has been confiscated) to any encumbrance (other than a leasing agreement) over a confiscated motor vehicle may apply to the court, at any time before the Registrar has sold the motor vehicle, for an order under subsection (3)
2: Subsection (1) section 129A or 136(4)
3: The court may, if it thinks fit, make an order—
a: directing the Registrar to transfer the motor vehicle to that other party; and
b: directing that party to sell the motor vehicle and account for the proceeds of sale in accordance with section 141B
4: This section is subject to section 141A
141A: Certain payments required before transfers take effect
1: An order for the transfer of a motor vehicle under section 140 or 141
a: if the motor vehicle has been impounded under the Land Transport Act 1998
b: any costs incurred in seizing, towing, and storing the motor vehicle.
2: Any costs required to be paid by subsection (1)
3: If the costs specified in subsection (1) subsection (2)
141B: Application of proceeds of sale by secured party
1: Every person to whom a motor vehicle is transferred under section 141
a: account to the Registrar for the proceeds of the sale:
b: pay into court the proceeds of the sale, less any costs paid under section 141A
i: if the encumbrance is a hire purchase agreement and the motor vehicle is used or was acquired for use primarily for personal, domestic, or household purposes, the amount of the costs and expenses of, and incidental to, the sale within the meaning of section 33 of the Credit (Repossession) Act 1997 section 31 of that Act
ii: in any other case, the amount of the costs and expenses of, and incidental to, the sale within the meaning of section 33 of the Credit (Repossession) Act 1997
2: The Registrar must then apply the balance remaining in accordance with section 137(3)(d) to (g)
20: Order may be cancelled on application by bona fide purchaser
1: Section 142(1) (including a confiscation and destruction order under section 129A 136(4) confiscation order
2: Section 142
2: In the circumstances described in subsection (1), the court—
a: must make an order prohibiting the offender from acquiring any interest in a motor vehicle within 12 months after the date of the confiscation order or confiscation and destruction order:
b: may make any other consequential order or orders that it thinks just and reasonable.
3: Section 136 applies with any necessary modifications to an order made under subsection (2)(a)
21: Transitional provisions
1: Sections 129A, 129B, and 129F section 7 section 7
2: Sections 140 to 142 section 19
3: In the period commencing on the commencement of this Act and ending immediately before the commencement of section 32(2) of the Land Transport Amendment Act 2009—
a: any reference to a person who is registered in respect of a motor vehicle in sections 129B and 136A section 127(1) Transport (Vehicle and Driver Registration and Licensing) Act 1986
b: the reference in section 136A Land Transport Act 1998


1: Title
This Act is the Summary Proceedings (Vehicle Seizure) Amendment Act 2009.
2: Commencement
This Act comes into force on 1 December 2009.
3: Principal Act amended
This Act amends the Summary Proceedings Act 1957 2009-12-01 Summary Proceedings Act 1957
4: Purpose
The purpose of this Act is to reduce traffic offending by strengthening the provisions that govern the seizure of motor vehicles to enforce the collection of unpaid fines and reparation.
5: New section 93A inserted
The following section is inserted after section 93
93A: Seizure and disposal of motor vehicles: application of sections 100A to 100Y instead of sections 94 to 100
Sections 94 to 100 sections 100A to 100Y
6: Seizure and delivery of property
Section 94(3)
7: Sections 94A and 94B repealed
Sections 94A 94B
8: New heading and sections 100A to 100Y inserted
The following heading and sections are inserted after section 100 Seizure, release, and sale of motor vehicles
100A: Interpretation
1: In this section and in sections 100C to 100Y encumbrance
a: a hire purchase agreement:
b: a leasing agreement:
c: any other agreement entered into between the defendant and another party under which the other party obtains or retains any interest in the motor vehicle hire purchase agreement impoundment costs interest leasing agreement person who is registered traffic offence
a: any offence against the Transport Act 1962, the Road User Charges Act 1977, the Transport (Vehicle and Driver Registration and Licensing) Act 1986, the Land Transport Act 1998, or the Land Transport Management Act 2003, or against any regulation or bylaw made under any of those Acts:
b: any offence against any regulation or bylaw made under any other Act if the offence relates to the use of motor vehicles or parking places or transport stations use written caution section 100C
2: For the purposes of sections 100C to 100Y substitute for the defendant substitute
a: the person is served with a written caution, under section 100C
b: within 4 years after the date of service of that written caution, the defendant defaults, and continues to be in default, on a further fine for a traffic offence committed while using a motor vehicle that, at the time of the commission of that offence, the person owned or had an interest in.
3: For the purposes of sections 100C to 100Y
4: For the purposes of the exercise of any power, or the performance of any duty or function, under this Part, the person who is registered in respect of a motor vehicle is taken to be the owner of the motor vehicle unless the person exercising the power or performing the duty or function is satisfied that the person who is registered is not the owner of that motor vehicle.
5: A reference in sections 100C to 100Y
a: is not to acquire any rights, or only limited rights, in the motor vehicle; and
b: will, in relation to the motor vehicle, act on behalf of the defendant or the substitute for the defendant.
100B: Purpose of sections 100C to 100Y
The purpose of sections 100C 100Y
a: to enable fines in default to be collected more effectively through the seizure of motor vehicles; and
b: in cases where the fines in default relate to traffic offending, to reduce opportunities for offending of that kind.
100C: Written caution to person holding interest in motor vehicle
1: If a defendant defaults in paying any fine for a traffic offence committed while using a motor vehicle in which the defendant does not appear to have an interest, the Registrar may order that a written caution be served on any person who appears to own or to have an interest in the motor vehicle.
2: Despite subsection (1)
a: on anyone if the Registrar is satisfied that the motor vehicle—
i: was stolen or converted at the material time; or
ii: was let on hire at the material time in accordance with a rental service licence under the Land Transport Act 1998:
b: on a person who the Registrar is satisfied is a party to an encumbrance relating to the motor vehicle but has no relationship of another kind with the offender.
3: The written caution must state that any motor vehicle in which the person has an interest is liable to be seized if the defendant defaults in paying a fine for any further traffic offence committed—
a: while using a motor vehicle in which the person has an interest as owner or otherwise; and
b: within 4 years after the date on which the written caution is served on the person.
4: A written caution must provide the following information:
a: the name and identifying details of the defendant:
b: the relevant traffic fine that the defendant has defaulted in paying:
c: the identifying details of the motor vehicle in which the relevant traffic offence or traffic offences were committed:
d: that the recipient is believed to have owned or to have had an interest in the motor vehicle at the material time and that none of the reasons stated in subsection (2)
e: the recipient’s right to seek a review of the Registrar’s decision to order the service of the written caution on the recipient.
5: A written caution ordered to be served on a person must be served on the person in one of the following ways:
a: by being delivered to the person personally or by being brought to the person's notice if the person refuses to accept it:
b: by being left for the person at the person's place of residence with another person (other than the defendant) who appears to be of or over the age of 14 years.
6: A written caution may be served by one of the following persons:
a: a Police employee:
b: an officer of the court:
c: any person who is authorised to serve the written caution under a general or particular authority given by a District Court Judge or Registrar:
d: any officer or employee of a corporation that is authorised by the Secretary for Justice to serve the written caution.
7: An endorsement on a copy of a written caution stating the fact, the date, and the time of service and purporting to be signed by a person of the kind described in subsection (6)
100D: Review of written caution
1: A person served with a written caution under section 100C
a: the motor vehicle was stolen or converted at the material time:
b: the person did not own or have an interest in the motor vehicle at the material time:
c: the person is a party to an encumbrance relating to the motor vehicle but has no relationship of another kind with the defendant:
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.
2: Every application must include a statutory declaration that specifies a ground stated in subsection (1)
3: The Judge must conduct the review on the papers unless the Judge considers that a hearing is necessary.
4: If satisfied that a ground stated in subsection (1)
a: the court must cancel the written caution served on the applicant:
b: if the ground for cancelling the applicant's written caution is that stated in subsection (1)(a) or (d)
c: the Registrar must advise, by ordinary post, facsimile, email, or other electronic means, every person (including the applicant) whose written caution is cancelled of that outcome:
d: if a written caution served on a person is cancelled, the written caution is deemed not to have been served on the person.
100E: Written caution of no effect if fine quashed or set aside
1: If the fine in respect of which a written caution has been served on a person is quashed or set aside, the written caution ceases to have effect and is deemed not to have been served.
2: If a written caution ceases to have effect under subsection (1)
100F: Seizure of motor vehicles
1: In addition to the matters provided for by section 93(1), a warrant to seize property issued under section 83(2)(a), 87(1)(a), or 88(3)(a) also authorises the seizure of any motor vehicle in which the defendant or a substitute for the defendant appears to have an ownership interest or other interest.
2: For the purpose of executing any warrant to seize property, the bailiff or constable executing it may enter on any premises, by force if necessary, if that bailiff or constable has reasonable cause to believe that a motor vehicle is on the premises, being a motor vehicle in which the defendant or a substitute for the defendant appears to have an ownership interest or other interest.
3: If any person is in actual occupation of the premises, the bailiff or constable must, on entering, produce the warrant to that person.
4: Where the fine is paid on the production of a warrant to seize property, the payment must be recorded on the warrant and the warrant is then of no further effect.
5: Without limiting anything in section 100J
6: When a motor vehicle is seized, under a warrant to seize property, the bailiff or constable must forthwith give the defendant or the substitute a notice in the prescribed form—
a: identifying the motor vehicle seized; and
b: directing the defendant or the substitute for the defendant to notify the Registrar, within 7 days after the date of the seizure, whether the defendant or the substitute owns or has an interest in the motor vehicle and the name and address of any other person who owns or has an interest (including any encumbrance) in the motor vehicle.
7: The notice required to be given by subsection (6)
100G: Seizure of motor vehicles impounded under Land Transport Act 1998
1: Any motor vehicle in which the defendant or a substitute for the defendant appears to have an ownership interest or other interest may be seized under a warrant to seize property even if it is impounded under section 96 or 96A of the Land Transport Act 1998, as long as it has been impounded under that Act for at least 14 days.
2: The power to seize a motor vehicle described in subsection (1)
100H: Seizure not precluded by low value or low interest
Consistent with the purpose stated in section 100B
100I: Seized motor vehicle to be retained by or for Registrar
1: The bailiff or constable executing a warrant to seize property must ensure that a motor vehicle seized under the warrant is—
a: taken to the Registrar; or
b: if the Registrar so directs, taken to, or retained by, any person or at any place specified for the purpose by the Registrar.
2: If any motor vehicle that is seized under a warrant to seize property fails to comply in any respect with section 242 of the Land Transport Act 1998, then—
a: the vehicle may, despite that Act or any other enactment, be towed to any place specified by the Registrar; and
b: no person who seizes, retains, or disposes of the vehicle in accordance with this Act is under any criminal or civil liability merely because of the failure of the vehicle to comply with that section.
3: The Registrar must ensure the seized motor vehicle is retained until the motor vehicle is sold or released in accordance with a determination of the Registrar or a District Court Judge.
100J: Immobilisation of motor vehicles
1: Any bailiff or constable executing a warrant to seize property may, while seizing or instead of seizing any motor vehicle, immobilise the vehicle by attaching to the vehicle any device designed for the purpose, pending the payment of the fine in default.
2: No motor vehicle may be immobilised under subsection (1)
a: on private property; or
b: in a public place and the bailiff or constable is satisfied that immobilising the vehicle will not cause undue inconvenience to other persons.
3: Where any motor vehicle is immobilised under subsection (1)
a: may at any time seize the vehicle:
b: must, on the direction of a Registrar, seize the vehicle.
4: When the motor vehicle is seized under subsection (3) section 100I
5: If, 14 days after the date of the immobilisation of any motor vehicle under subsection (1)
6: Every person commits an offence and is liable on summary conviction to a fine not exceeding $1,000 who, without reasonable excuse,—
a: tampers with, removes, or attempts to remove a device attached to a motor vehicle under subsection (1)
b: removes, or attempts to remove,—
i: a motor vehicle to which a device is, or has been, attached; or
ii: any part of that vehicle; or
iii: any other property from that vehicle.
100K: Personal property securities register to be checked
1: If a motor vehicle is seized under a warrant to seize property, the Registrar must, on the next working day after the vehicle is seized, check whether a financing statement has been registered in respect of the vehicle on the personal property securities register kept under the Personal Property Securities Act 1999.
2: If a financing statement has been registered, the Registrar must forthwith notify the person named as the secured party in the financing statement of the following:
a: that the Registrar may, under section 100M
i: the defendant; or
ii: a substitute for the defendant; or
iii: a nominee for the defendant or the substitute:
b: of the rights that may be available to the person under sections 100N, 100T, and 100U
100L: Release of vehicles if fine and other costs paid or if certain appeals successful
1: A motor vehicle that has been seized and is retained by the Registrar may be returned to the person from whom it was seized or to the person apparently lawfully entitled to it if the following are paid:
a: the fine:
b: if the motor vehicle has been impounded under section 96 or 96A of the Land Transport Act 1998, any impoundment costs:
c: all costs incurred in seizing, towing, and storing the motor vehicle.
2: Subsection (1) sections 100Q, 100T, and 100U
3: If the motor vehicle has been seized from a substitute for the defendant, the only type of fines required to be paid under subsection (1)(a)
4: If the motor vehicle has been seized while impounded under section 96 or 96A of the Land Transport Act 1998, the motor vehicle may not be released under subsection (1)
5: Subsection (4) section 100U(1)(a) and (2)
6: Despite subsection (1), section 100M, and sections 100Q to 100U
7: Subsection (6) section 100T 100U(1)(a) section 100U(1)(b)
100M: Sale of motor vehicle seized
1: If any fine remains unpaid, any motor vehicle seized under a warrant to seize property may, after the expiry of the relevant period specified in subsection (2)
2: The relevant period referred to in subsection (1)
a: the day after the close of the 28-day period for which the motor vehicle would otherwise be required to be impounded under that Act; or
b: the expiry of 8 days after the day on which the motor vehicle was seized.
3: 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.
4: 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, seek to have the registration of the motor vehicle cancelled by taking, so far as practicable, any steps required to be taken, under the Land Transport Act 1998, for that purpose by the owner of, or by the person who is registered in respect of, the motor vehicle.
5: The sale of a motor vehicle that has been seized while impounded under section 96 or 96A of the Land Transport Act 1998 is not affected by any appeal that is pending after the 28-day period for which the motor vehicle would otherwise be required to be impounded under that Act or by any appeal that is determined after that period.
6: In any case where a motor vehicle has been seized while impounded under section 96 or 96A of the Land Transport Act 1998, the vehicle may be sold under this section (even if the fine and all costs incurred in seizing, towing, and storing the vehicle have been paid) if any impoundment costs are not paid within—
a: 10 days after the close of the 28-day period for which the vehicle would otherwise be required to be impounded under that Act; or
b: any longer period specified by the Registrar in writing.
7: The sale of a motor vehicle by the Registrar is deferred by a pending claim in respect of the motor vehicle only if the costs of storage have been paid under section 100N section 100Q
100N: Registrar must defer sale if storage costs paid
Any person may pay into court the costs incurred by the court in storing a motor vehicle for at least 8 days and as long as those costs, and any recurring storage costs, are paid, the Registrar must defer the sale of the motor vehicle.
100O: Application of proceeds of sale
1: When a motor vehicle is sold under section 100M
a: if the motor vehicle has been impounded under section 96 or 96A of the Land Transport Act 1998, in payment of any impoundment costs:
b: in payment of the costs of the sale (including all costs incurred in seizing, towing, and storing the motor vehicle, and complying with the provisions of this Part preliminary to sale):
c: in satisfaction of any amount owed under any encumbrance established, before the proceeds of the sale are fully applied, to the satisfaction of the Registrar or a District Court Judge:
d: in payment of any sentence or order of reparation payable by the defendant:
e: in payment of any levy payable by the defendant under the Sentencing Act 2002:
f: in payment of the fine specified in the warrant:
g: to the defendant or, as the case requires, to the substitute for the defendant.
2: If the proceeds arise out of the sale of a motor vehicle owned by a substitute for the defendant or in which the substitute had an interest, the proceeds must be applied in the manner and order of priority specified in subsection (1) paragraph (d) (f)
3: The Judge may, on application or on his or her own initiative, give any directions as to the application of the proceeds of sale under this section.
100P: Remission of fine and costs of sale in certain cases
1: This section applies where a sale of a motor vehicle under section 100M section 100U(1)(a) or (b)
2: If this section applies, the Registrar—
a: must remit the costs of the sale of the motor vehicle, as described in section 100O(1)(a) and (b)
b: must remit—
i: the entire fine in default, in any case where the amount of that fine is $100 or smaller:
ii: $100 less any proceeds of that sale that have been applied towards paying the fine, in any case where the fine in default is greater than $100.
3: The reference to fine subsection (2)(b)
100Q: Release of motor vehicle to certain owners
1: If satisfied that the defendant does not own the seized motor vehicle, the Registrar or a District Court Judge must release the motor vehicle to a person who satisfies the Registrar or the Judge that the person—
a: is the owner of the motor vehicle; and
b: is not a substitute for the defendant; and
c: is not a nominee for the defendant or the substitute.
2: If a person other than the defendant claims to own the motor vehicle and the Registrar is not satisfied of the matters specified in subsection (1)
3: Where a summons has been, or is to be, issued under subsection (2)
a: the value of the seized motor vehicle; or
b: the fine in default, including the costs incurred in seizing, towing, and storing the motor vehicle, and any impoundment costs.
4: If, on the determination of the claim, the claim is dismissed, the amount of the deposit or the amount obtained from the security may be applied as if it were the proceeds of the sale of the motor vehicle.
5: In any case where a motor vehicle has been seized while impounded under section 96 or 96A of the Land Transport Act 1998, the motor vehicle—
a: may not be released under this section unless—
i: the 28-day period for which the vehicle would otherwise be required to be impounded under that Act has expired; and
ii: any impoundment costs have been paid into court within 10 days after the close of that period or within any longer period specified by the Registrar in writing; and
b: may be sold under section 100M paragraph (a)(ii)
100R: Challenge of seizure by persons treated as substitutes
1: If a motor vehicle is seized on the basis that the person who owns, or appears to own, it, or has, or appears to have, an interest in it, is a substitute for the defendant, that person may, within 7 days after the date of the seizure, apply to a District Court Judge to challenge the seizure on 1 or more of the following grounds:
a: the person did not own or have an interest in the motor vehicle at the material time:
b: the motor vehicle was stolen or converted at the material time:
c: the person took all reasonable steps to prevent the defendant from committing the traffic offence or traffic offences:
d: the person had not, prior to the commission of the relevant traffic offence, been served with a written caution under section 100C
e: the person is a party to an encumbrance relating to the motor vehicle but has no relationship of another kind with the defendant:
f: the motor vehicle was let on hire at the material time in accordance with a rental service licence under the Land Transport Act 1998.
2: Every application must include a statutory declaration that specifies a ground stated in subsection (1)
3: The Judge must consider the application on the papers unless the Judge considers that a hearing is necessary.
4: The Judge may order the return of the motor vehicle if satisfied that—
a: a ground stated in subsection (1)(b) or (f)
b: another ground stated in that subsection applies to the applicant and to every other person who is treated as a substitute for the defendant.
100S: Determination of claim by owners
1: In determining a claim under section 100Q(3)
a: the defendant does not have an interest in the motor vehicle; and
b: the claimant is not a substitute for the defendant; and
c: the claimant owns the motor vehicle neither as nominee for the defendant nor for the substitute.
2: The Judge may, if the motor vehicle has not yet been sold, release the motor vehicle to a person whose motor vehicle was seized because the person was taken to be a substitute for the defendant if satisfied that 1 or more of the following grounds apply:
a: the person did not own or have an interest in the motor vehicle at the material time:
b: the motor vehicle was stolen or converted at the material time:
c: the person is a party to an encumbrance relating to the motor vehicle but has no relationship of another kind with the defendant:
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.
3: The Judge may ask any claimant to satisfy the Judge that any agreement, transfer, or change in registration or ownership is genuine if the Judge has reason to question whether the claimant is a nominee for the defendant or any substitute for the defendant.
4: A person who claims to have acquired a motor vehicle from the defendant after the commission of any offence or after the taking of any enforcement action against the defendant must satisfy the Judge that the transaction on which the acquisition was based was genuine.
5: In any case where the motor vehicle has been seized while impounded under section 96 or 96A of the Land Transport Act 1998, the motor vehicle—
a: may not be released under this section unless—
i: the 28-day period for which the vehicle would otherwise be required to be impounded under that Act has expired; and
ii: any impoundment costs have been paid into court within 10 days after the close of that period or within any longer period specified by the Registrar in writing; and
b: may be sold under section 100M paragraph (a)(ii)
6: If the claimant succeeds in the claim to the motor vehicle,—
a: any deposit paid or security provided by the claimant must be returned to the claimant; and
b: a District Court Judge may order the defendant to reimburse the claimant for any costs the claimant has paid into court under section 100N
100T: Lessor under leasing agreement may apply to Registrar
1: The lessor (not being the defendant or a substitute for the defendant or a nominee for the defendant or the substitute) under a leasing agreement of a seized motor vehicle may apply to the court, at any time before the Registrar has sold the motor vehicle, for the release of the motor vehicle to the lessor as if the defendant or the substitute for the defendant or the nominee for the defendant or the substitute had breached the terms of the agreement.
2: If subsection (1)
3: A motor vehicle may also be released under subsection (2)
4: This section is subject to section 100V 2002 No 9 s 140
100U: Claims by creditors
1: Where, on an application or on his or her own initiative, the Registrar or a District Court Judge is satisfied that a person (not being the defendant or a substitute for the defendant) is a creditor under an encumbrance (other than a leasing agreement) over the seized motor vehicle, the Registrar or Judge may, if the motor vehicle has not yet been sold,—
a: release the motor vehicle to the creditor and direct the creditor to sell the motor vehicle and account for the proceeds of sale in accordance with section 100W
b: order the sale of the motor vehicle under section 100M
2: A motor vehicle may also be released under subsection (1)(a)
3: A purchaser of a motor vehicle that is sold to the purchaser in compliance with a direction under subsection (1)(a)
4: This section is subject to section 100V
100V: Certain payments required before release to lessor or creditor takes effect
1: An order for the release of a motor vehicle under section 100T(2) or 100U(1)(a)
a: if the motor vehicle has been impounded under the Land Transport Act 1998, any impoundment costs:
b: any costs incurred in seizing the motor vehicle, towing, and storing the motor vehicle, and complying with the provisions of this Part.
2: Any costs required to be paid by subsection (1)
3: If the costs specified in subsection (1) subsection (2) section 100M
100W: Application of proceeds of sale by creditor
1: Every person to whom a motor vehicle is released under section 100U(1)(a)
a: account to the Registrar for the proceeds of the sale:
b: pay into court the proceeds of the sale, less any costs paid under section 100V
i: if the encumbrance is a hire purchase agreement and the motor vehicle is used or was acquired for use primarily for personal, domestic, or household purposes, the amount of the costs and expenses of, and incidental to, the sale within the meaning of section 33 of the Credit (Repossession) Act 1997 and the amount required to settle the agreement under section 31 of that Act; or
ii: in any other case, the amount of the costs and expenses of, and incidental to, the sale within the meaning of section 33 of the Credit (Repossession) Act 1997 and the amount owed by the offender under the encumbrance.
2: The Registrar must then apply the balance remaining in accordance with section 100O(1)(d) to (g)
100X: Failure by creditor to sell or account for proceeds
1: If the creditor fails to comply with a direction under section 100U(1)(a) section 100F
2: As soon as practicable after a motor vehicle is delivered into a Registrar’s custody under subsection (1) 100O(1) section 100O(3)
3: A creditor who fails, in whole or in part, to pay into court the money required under section 100W(1)
100Y: Compensation to person with interest in motor vehicle sold
1: This section applies if—
a: a person (other than the defendant or a substitute for the defendant or a nominee for the defendant or the substitute) suffers loss through the sale under section 100M
b: the defendant or the substitute had not before the sale notified the Registrar of the person's interest in the property.
2: If this section applies, a Judge may, on the application of that person, order the defendant to pay to the person compensation in respect of the loss.
3: Subsection (1)
9: Transitional provisions relating to Transport (Vehicle and Driver Registration and Licensing) Act 1986
In the period commencing on the commencement of this Act and ending immediately before the commencement of section 32(2)
a: any reference to a person who is registered in respect of a motor vehicle in sections 100A to 100Y section 100A(1) Transport (Vehicle and Driver Registration and Licensing) Act 1986
b: the reference in section 100I(2) 100M(3) section 242 of the Land Transport Act 1998 section 5
c: the reference in section 100M(4) Land Transport Act 1998 Transport (Vehicle and Driver Registration and Licensing) Act 1986
10: Transitional provisions relating to pre-commencement fines and warrants
Section 10 repealed 13 February 2012 section 47(2) Summary Proceedings Amendment Act 2011


Privacy Amendment Act 2009

1: Title
This Act is the Privacy Amendment Act 2009.
2: Commencement
This Act comes into force on 1 December 2009.
3: Principal Act amended
This Act amends the Privacy Act 1993 2009-12-01 Privacy Act 1993
4: Schedule 5 amended
Schedule 5 is amended in the manner set out in the Schedule of this Act.


1: Title
This Act is the New Zealand Superannuation and Retirement Income Amendment Act 2009.
2: Commencement
This Act comes into force on a date to be appointed by the Governor-General by Order in Council. Section 2 brought into force 5 January 2010 New Zealand Superannuation and Retirement Income Amendment Act 2009 Commencement Order 2009
3: Principal Act amended
This Act amends the New Zealand Superannuation and Retirement Income Act 2001 OIC SR 2009/362 2010-01-05 New Zealand Superannuation and Retirement Income Act 2001
4: Effect of absence from New Zealand on New Zealand superannuation
Section 21 29 35
5: First 26 weeks of certain temporary absences
Section 22 (other than a person who is receiving New Zealand superannuation overseas under section 26) a person
6: New sections 26 to 26B substituted
Section 26
26: Payment overseas of New Zealand superannuation
1: This subsection—
a: applies to a country if it is not a country with whose government New Zealand has a reciprocal agreement or convention, in force under section 19 of the Social Welfare (Transitional Provisions) Act 1990, that relates to New Zealand superannuation; and
b: applies to a person if he or she has left New Zealand at a time when he or she was—
i: intending to reside for a period longer than 26 weeks in a country (or any 2 or more countries) to which this subsection applies, but not intending to reside for a period longer than 52 weeks in a specified Pacific country (within the meaning of section 30(1)); or
ii: intending to travel for a period longer than 26 weeks, but not intending to reside in any country other than New Zealand.
2: A person to whom subsection (1) subsection (6)
a: in the case of a person who has left New Zealand at a time when he or she was intending to reside for a period longer than 26 weeks in a country (or any 2 or more countries) to which subsection (1)
i: begins to reside in a country that is not a country to which subsection (1)
ii: begins to reside in New Zealand again; or
iii: begins to receive New Zealand superannuation otherwise than under this section; and
b: in the case of a person who has left New Zealand at a time when he or she was intending to travel for a period longer than 26 weeks, but not intending to reside in any country other than New Zealand, until he or she—
i: begins to reside in a country that is not a country to which subsection (1)
ii: returns to New Zealand.
3: For the purposes only of subsection (2)(b)(ii)
a: he or she—
i: interrupts his or her overseas travel, and travels to and stays briefly in New Zealand, in order to attend an event (for example, a wedding or funeral) or to visit a person (for example, a sick or injured family member); and then
ii: resumes his or her overseas travel; and
b: he or she does not while in New Zealand begin to receive New Zealand superannuation otherwise than under this section.
4: Except to the extent provided by paragraphs (a)(i) and (b)(i) of subsection (2)
5: Subsection (4)
6: The rates referred to in subsection (2)
a: for a single person, a rate that is a proportion (calculated under section 26A(1)
b: for a person who is married or in a civil union or in a de facto relationship, a rate that is a proportion (calculated under subsection 26A(1)
7: This section is subject to section 26B
26A: Calculation of amount of New Zealand superannuation payable overseas
1: The proportion referred to in section 26(6)
a: treating each period during which the person concerned has resided in New Zealand while aged 20 or more and less than 65 as whole calendar months and (where applicable) additional days; and
b: adding the number of additional days (if any), dividing the total by 30, and disregarding any remainder; and
c: adding the number of calendar months and the quotient calculated under paragraph (b)
d: dividing by 540 the total calculated under paragraph (c)
2: In the determination for the purposes of subsection (1)
a: any period of absence from New Zealand of a kind described in section 9(1); or
b: any period of absence from New Zealand—
i: while the person was engaged in missionary work as a member of, or on behalf of, any religious body; or
ii: while the person's spouse or partner was engaged in missionary work as a member of, or on behalf of, any religious body, and the person was with his or her spouse or partner; or
c: any period of absence from New Zealand while the person was (by virtue of section 79(1)(a) of the Social Security Act 1964) deemed to have been resident in New Zealand; or
d: any period of absence from New Zealand while, as the spouse or partner of a person deemed by section 79(1)(a) of the Social Security Act 1964 to have been resident in New Zealand, the person was also (by virtue of section 79(1)(b) of the Social Security Act 1964) deemed to have been resident in New Zealand.
3: Subsection (2)
4: Subsection (2)(b)
a: in the case of a person to whom subsection (2)(b)(i)
b: in the case of a person to whom subsection (2)(b)(ii)
26B: Entitlement
A person is not entitled to be paid New Zealand superannuation under section 26 unless he or she—
a: has made an application for the payment of New Zealand superannuation under that section stating either (as the case may be)—
i: the country or countries in which he or she intends to reside and the period for which he or she intends to reside there; or
ii: the country or countries to and in which he or she intends to travel; and
b: is ordinarily resident and present in New Zealand on the day he or she makes the application, and—
i: is entitled to receive New Zealand superannuation on that day; or
ii: will become entitled to receive New Zealand superannuation before he or she leaves New Zealand.
7: Relationship with other benefit provisions
1: Section 29(1)
2: Section 29(2) living alone payment, receive any
3: Section 29(4) and (5)
4A: Except as provided in this section, the Social Security Act 1964 (other than sections 69G to 69I, 70, 74(1)(a), 75, 75A, 76, 77, and 82(7)) applies to New Zealand superannuation being paid under section 26.
8: Application of this Act and Social Security Act 1964
Section 35(1) 21 22
9: Social Security Act 1964 consequentially amended
Section 70
1A: Subsection (1) does not apply to New Zealand superannuation payable overseas under section 26 of the New Zealand Superannuation and Retirement Income Act 2001. OIC SR 2009/362) 2010-01-05 Social Security Act 1964
10: Saving
1: This subsection applies to a person who, immediately before the commencement of section 6 section 26
a: that commencement; and
b: the time he or she ceases to be entitled to be paid New Zealand superannuation under that section.
2: While subsection (1) applies to a person, he or she is entitled to be paid New Zealand superannuation at the higher of the following rates:
a: the rate at which he or she was entitled to be paid immediately before the commencement of section 6
b: the rate at which he or she became entitled to be paid on that commencement.


War Pensions Amendment Act 2009

1: Title
This Act is the War Pensions Amendment Act 2009.
2: Commencement
This Act comes into force on a date to be appointed by the Governor-General by Order in Council. Section 2 brought into force 5 January 2010 War Pensions Amendment Act 2009 Commencement Order 2009
3: Principal Act amended
This Act amends the War Pensions Act 1954 OIC SR 2009/357 2010-01-05 War Pensions Act 1954
4: Effect of absence from New Zealand on veteran's pension
Section 74E 74M or section
5: First 26 weeks of certain temporary absences
Section 74F (other than a person who is receiving a veteran's pension overseas under section 74J) a person
6: New sections 74J to 74JB substituted
Section 74J
74J: Payment overseas of veteran's pension
1: This subsection—
a: applies to a country if it is not a country with whose government New Zealand has a reciprocal agreement or convention, in force under section 19 of the Social Welfare (Transitional Provisions) Act 1990, that relates to the veteran's pension; and
b: applies to a person if he or she has left New Zealand at a time when he or she was—
i: intending to reside for a period longer than 26 weeks in a country (or any 2 or more countries) to which this subsection applies, but not intending to reside for a period longer than 52 weeks in a specified Pacific country (within the meaning of section 74N(1)); or
ii: intending to travel for a period longer than 26 weeks, but not intending to reside in any country other than New Zealand.
2: A person to whom subsection (1) subsection (6)
a: in the case of a person who has left New Zealand at a time when he or she was intending to reside for a period longer than 26 weeks in a country (or any 2 or more countries) to which subsection (1)
i: begins to reside in a country that is not a country to which subsection (1)
ii: begins to reside in New Zealand again; or
iii: begins to receive a veteran's pension otherwise than under this section; and
iv: begins to receive New Zealand superannuation under the New Zealand Superannuation and Retirement Income Act 2001; and
b: in the case of a person who has left New Zealand at a time when he or she was intending to travel for a period longer than 26 weeks, but not intending to reside in any country other than New Zealand, until he or she—
i: begins to reside in a country that is not a country to which subsection (1)
ii: returns to New Zealand.
3: For the purposes only of subsection (2)(b)(ii)
a: he or she—
i: interrupts his or her overseas travel, and travels to and stays briefly in New Zealand, in order to attend an event (for example, a wedding or funeral) or to visit a person (for example, a sick or injured family member); and then
ii: resumes his or her overseas travel; and
b: he or she does not while in New Zealand—
i: begin to receive a veteran's pension otherwise than under this section; or
ii: begin to receive New Zealand superannuation under the New Zealand Superannuation and Retirement Income Act 2001.
4: Except to the extent provided by paragraphs (a)(i) and (b)(i) of subsection (2)
5: Subsection (4)
6: The rates referred to in subsection (2)
a: for a single person, a rate that is a proportion (calculated under section 74JA(1)
b: for a person who is married or in a civil union or in a de facto relationship, a rate that is a proportion (calculated under section 74JA(1)
7: If section 74D applies to a person for whom an amount is specified by subsection (6) section 74JA(1)
8: This section is subject to section 74JB
74JA: Calculation of amount of veteran's pension payable overseas
1: The proportion referred to in sections 74J(6) and (7)
a: treating each period during which the person concerned has resided in New Zealand while aged 20 or more and less than 65 as whole calendar months and (where applicable) additional days; and
b: adding the number of additional days (if any), dividing the total by 30, and disregarding any remainder; and
c: adding the number of calendar months and the quotient calculated under paragraph (b)
d: dividing by 540 the total calculated under paragraph (c)
2: In the determination for the purposes of subsection (1)
a: any period of absence from New Zealand of a kind described in section 9(1) of the New Zealand Superannuation and Retirement Income Act 2001; or
b: any period of absence from New Zealand—
i: while the person was engaged in missionary work (within the meaning of section 10(4) of the New Zealand Superannuation and Retirement Income Act 2001) as a member of, or on behalf of, any religious body; or
ii: while the person's spouse or partner was engaged in missionary work (within the meaning of section 10(4) of the New Zealand Superannuation and Retirement Income Act 2001) as a member of, or on behalf of, any religious body, and the person was with his or her spouse or partner; or
c: any period of absence from New Zealand while the person was (by virtue of section 79(1)(a) of the Social Security Act 1964) deemed to have been resident in New Zealand; or
d: any period of absence from New Zealand while, as the spouse or partner of a person deemed by section 79(1)(a) of the Social Security Act 1964 to have been resident in New Zealand, the person was also (by virtue of section 79(1)(b) of the Social Security Act 1964) deemed to have been resident in New Zealand.
3: Subsection (2)
4: Subsection (2)(b)
a: in the case of a person to whom subsection (2)(b)(i)
b: in the case of a person to whom subsection (2)(b)(ii)
74JB: Entitlement
A person is not entitled to be paid a veteran's pension under section 74J unless he or she—
a: has made an application for the payment of a veteran's pension under that section stating either (as the case may be)—
i: the country or countries in which he or she intends to reside and the period for which he or she intends to reside there; or
ii: the country or countries to and in which he or she intends to travel; and
b: is ordinarily resident and present in New Zealand on the day he or she makes the application, and—
i: is entitled to receive a veteran's pension on that day; or
ii: will become entitled to receive a veteran's pension before he or she leaves New Zealand.
7: Relationship with other benefit provisions
1: Section 74M(1) and (2)
2: Section 74M(3) living alone payment, receive any
3: Section 74M(4) 80 80BD
4: Section 74M(5) 75 69G to 69I, 70, 74(1)(a), 75, 76, 77, and 82(7)
8: Social Security Act 1964 consequentially amended
Section 70 subsection (1A) section 9 of the New Zealand Superannuation and Retirement Income Amendment Act 2009
1B: Subsection (1) does not apply to a veteran's pension payable overseas under section 74J OIC SR 2009/357 2010-01-05 Social Security Act 1964
9: Saving
1: This subsection applies to a person who, immediately before the commencement of section 6 section 74J
a: that commencement; and
b: the time he or she ceases to be entitled to be paid a veteran's pension under that section.
2: While subsection (1)
a: the rate at which he or she was entitled to be paid immediately before the commencement of section 6
b: the rate at which he or she became entitled to be paid on that commencement.