Motor vehicle offences
Version : 10.0
Detailed table of contents
This chapter contains the following topics:
Overview
• Executive summary
• Additional information
• Table of definitions
Offences
Vehicle identification
Vehicle Identification Numbers
• What is a Vehicle Identification Number (VIN)?
• Who needs a VIN?
• Exempt vehicles
• Obtaining a VIN
• Positioning a VIN
• Affixing a VIN
• Query Vehicle Registration
• Vehicle notes
Disguising and disposing of stolen vehicles
• ‘Ringing’ or ‘re-birthing’
• Rebuilding wrecked vehicles
• Rebuilding stolen vehicles
• Double ringing
• Double stealing
• Re-registering stolen vehicles
• Insurance fraud
• Dismantling for spare parts
• Penalties
• Personal Property Securities Act 1999
Stolen vehicle investigations
• Theft
• Investigating a stolen vehicle
• When the vehicle is recovered
Locating stolen vehicle suspects
• Patrols
• Checking vehicle identification numbers
• Information
• Interviewing suspects
Searching premises for stolen vehicles
Seizing property
• Seizure of items associated with stealing motor vehicles
• Seizing and returning vehicles
• Storing vehicles
• Further enquiries
• Additional seizure information
Examining suspected stolen vehicles
• Preparation
• Examining vehicle identification plates and numbers
• Examining the exterior
• Examining the interior
• Suspected rebuilds
• Car rings
• Other charges
Documentary evidence in respect of stolen vehicles
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Disposing of seized property
• Disputed ownership
Taking, conversion and interference
• Actual taking or conversion
− Parked converted vehicles
− Abandoned converted vehicles
− Mobile converted vehicles
• Attempts and interference
• Getting into or upon a vehicle
• Claim of ownership
• Overdue rental vehicles
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Overview
This section contains the following topics:
• Additional information
• Table of definitions
Executive summary
This chapter relates to motor vehicle crime and the relevant offences. It includes
attempts at these offences and possession of the necessary instruments. Techniques
with disguising and disposing of stolen vehicles including those on hire purchase and
rental vehicles are also covered to assist investigators.
Additional information
For further information on the law relating to wreckers and motor vehicle dealers, see
the ‘Dealers and traders’ chapter of the Police Manual.
For details on the crime of theft, see the ‘Theft’ chapter of the Police Manual.
For further information on the law relating to vehicle registration, see the ‘Motor vehicle
registration and licensing’ chapter of the Police Manual.
Table of definitions
This table defines terms relevant to this chapter.
Term Definition
Claim of right
Means a belief at the time of the act in a proprietary or possessory
right in property in relation to which the offence is alleged to have
been committed, although that belief may be based on ignorance or
mistake of fact or of any matter of law other than the enactment
against which the offence is alleged to have been committed (section
2 - Crimes Act 1961).
For example:
• a person gets into a car driven by another without knowing it has
been taken or converted
• a person honestly believes an action would be authorised by the
owner.
Instrument
Any instrument capable of being used for taking or converting any
vehicle, ship or aircraft with intent to use it for such a purpose -
section 227 of the Crimes Act 1961
Instruments include:
• tools such as, screwdrivers, spring punches (for breaking
windows), adjustable wrenches
• electronic devices for compromising vehicle security systems
• keys
• articles made or altered for the purpose of committing the
offence, such as bent wire for inserting between window rubbers
to release locked door handles.
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Motor vehicle
Under section 2(1) of the Land Transport Act 1998, ‘motor vehicle’:
• means a vehicle drawn or propelled by mechanical power; and
• includes a trailer; but
• does not include:
- a vehicle running on rails; or
- a trailer (other than a trailer designed solely for the carriage of
goods) that is designed and used exclusively as part of the
armament of the New Zealand Defence Force; or
- a trailer running on one wheel and designed exclusively as a
speed measuring device or for testing the wear of vehicle
tyres; or
- a vehicle designed for amusement purposes and used
exclusively within a place of recreation, amusement, or
entertainment to which the public does not have access with
motor vehicles; or
- a pedestrian-controlled machine; or
- a vehicle that the agency has declared under section 168A is
not a motor vehicle; or
- a mobility device.
Possession
Possession means physical possession and includes:
• having the instrument on one’s person, or being on a joint
enterprise with someone who has (where several people are
involved, possession by one can be possession by all, as parties to
the offence)
• having almost immediate access to the instrument (the suspect
must have knowledge of the common enterprise and of the
instrument’s existence. Such knowledge may be inferred from the
circumstances).
Unlawful
Unlawful means without lawful justification. It would not be unlawful
to remove a vehicle from a burning building without the owner’s
authority.
Vehicle
Under section 2(1) of the Land Transport Act 1998, ‘vehicle’ means a
contrivance equipped with wheels, tracks or revolving runners on
which it moves, or is moved; and:
• includes a hovercraft, a skateboard, in-line skates, and roller
skates; but
• does not include:
- a perambulator or push chair
- a shopping or sporting trundler not propelled by mechanical
power
- a wheelbarrow or hand trolley
- a pedestrian-controlled lawnmower
- a pedestrian-controlled agricultural machine not propelled by
mechanical power
- an article of furniture
- a wheelchair not propelled by mechanical power
- any other contrivance specified by the rules not to be a vehicle
for the purposes of this definition
- any rail vehicle.
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Offences
This table details offences relevant to this chapter.
Offence Ingredients
Penalty/category
Conversion of vehicle • dishonestly and without claim of
7 years
or other conveyance
right but not so as to be guilty of
imprisonment,
Section 226(1)(a) -
theft
Category 3 offence.
Crimes Act 1961
• took or used for their own purpose,
or another person’s purposes any:
- vehicle, ship, or aircraft, or
- part of any vehicle, ship or
aircraft, or
- any horse
Attempted
• attempted to commit the offence of
2 year
conversion of vehicle
conversion of vehicle or other
imprisonment,
or other conveyance
conveyance
Category 3 offence.
Section 226(2) - Crimes
Note: For the element of attempt, see
Act 1961
the ‘Attempts’ chapter. Where it is
difficult to prove attempted conversion,
consider the offence of unlawful
interference.
Unlawful interference • dishonestly and without claim of
2 year
with vehicle or other
right, interfered with or got into or
imprisonment,
conveyance
upon any:
Category 3 offence.
Section 226(2) - Crimes
- vehicle
Act 1961
- ship, or
- aircraft
Note: There is no provision for
attempted interference.
Possession of
• had in their possession
1 year
instrument for
• any instrument capable of being
imprisonment,
conversion
used for taking or converting any:
Category 2 offence.
Section 227 - Crimes
- vehicle
Act 1961
- ship, or
- aircraft
• with intent to use it for such a
purpose
• without lawful authority or excuse
Receiving
See the ‘Receiving’ chapter for the
7 years
Section 246 and 247 -
ingredients.
imprisonment,
Crimes Act 1961
Category 3 offence
(s247 (a)).
1 year imprisonment
and 3 months
imprisonment
respectively,
Category 2 offence
(s247 (b) or (c)).
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Supplying false or
• knowingly supplies misleading or
Fine not exceeding
misleading
false information of change of
$1,000
information relating
ownership of vehicle
Category 1 offence.
to change of
• to the Registrar, or to any person
ownership
who is to make notification under
Section 20 and 26(1)(e)
section 20
- Transport (Vehicle and
Driver Registration and
Licensing) Act 1986
Note: You can arrest without warrant under section 315(2) of the Crimes Act 1961 any
person you find committing or have good cause to suspect has committed an offence
punishable by imprisonment.
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Vehicle identification
Vehicle identification features
This table details some vehicle identification features.
Feature Explanation
Chassis number
The chassis number will in almost all cases be stamped in
the top middle on the bulkhead or firewall. It will also
appear on the manufacturer’s vehicle identification plate.
This is a silver “credit card” sized plate riveted to the
firewall. On some SUV’s the chassis number may be
stamped on the chassis rail.
In the picture below it is the number stamped under the
VIN plate (long silver plate).
Engine number
This is stamped on the engine block on a flat machined
area. It may or may not contain the model type.
Licence label
Licence labels are attached to the windscreen and look like
this.
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Manufacturer’s vehicle
This is a tag fixed inside the engine compartment, usually
identification plate
on the firewall, or a stamp on a panel. It may consist of an
engine model type and the chassis number. On imported or
specially modified vehicles it is located on the right hand
side of the engine bay beside the suspension strut mount.
Registration number
Under section 2 of the Transport (Vehicle and Driver
plates
Registration and Licensing) Act 1986) registration plate
means any registration plate issued under the Transport
Act 1962 or the Transport (Vehicle and Driver Registration
and Licensing) Act 1986. These plates are attached to the
front and rear of the vehicle and look like this.
Vehicle identification
This is stamped directly onto the chassis or an aluminium
number (VIN)
tag on imported vehicles. The VIN is always 17 digits in
length. The last 6 digits will match the last 6 digits of the
chassis number. See Vehicle Identification Numbers.
The VIN number may also be etched into the lower left of
the rear window of the vehicle
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Warrant of fitness
If a vehicle passes its WoF check, a WoF label will be
(WoF) label
attached to the inside of the front windscreen, on the same
side as the steering wheel. The circle showing the month
the WoF expires will be punched out when the WoF is
issued. WoF labels look like this.
Low Volume Vehicle
Vehicles such as modified, specialist or ‘scratch-built’
Certification Plate
vehicles require a low volume certificate issued by the Low
Volume Vehicle Technical Association (L V V T A). See the L
V V T A website for further information.
Information identifying the vehicle and its specifications or
modifications is detailed on the Low Volume Vehicle
Certification Plate. The plate is typically fixed to the firewall
or near the suspension strut mount in the engine bay. An
example is shown below:
In addition to the above, there are other codes and numbers, which vary between
manufacturers. For example, a:
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• commission number (the manufacturer’s production number)
• manufacturer’s tracking number
• contract number.
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Vehicle Identification Numbers
This section contains the following topics:
• What is a Vehicle Identification Number (VIN)?
• Who needs a VIN?
• Exempt vehicles
• Obtaining a VIN
• Positioning a VIN
• Affixing a VIN
• Query Vehicle Registration
• Vehicle notes
What is a Vehicle Identification Number (VIN)?
A VIN is a 17 character series of digits and letters, whose structure is determined by an
international standard. Every VIN is unique and is similar to this example:
Detailed information on the Make, Model and Vehicle Type Codes, or any information
relating to drivers licences or motor vehicles can be requested via
[email address].
Note: The letters I, O, Q, S, U, V & Z are not used in either the 7A8 or 7AT VIN.
Who needs a VIN?
With the exception of the vehicles listed below, a VIN must be assigned and affixed to
every vehicle manufactured in, or imported into, New Zealand on or after 1 February
1994. In addition, every such vehicle must be certified to comply with the Land
Transport Rule: Vehicle Standards Compliance 2002.
No vehicle may be registered until
these requirements are met.
Note: In the case of vehicles that are manufactured or imported in large quantities, the
manufacturer or importer takes care of the pre-registration.
Previously registered vehicles that are being re-registered or vehicles that are
manufactured or imported (whether used or new) in small quantities, are processed by
VIN Issuing Agents authorised by the NZTA which are:
• The Automobile Association
• Vehicle Testing NZ Ltd
• Vehicle Inspection (NZ) Ltd.
Note: Any vehicle that is put back on the road after being written off must go through
the pre-registration process, and be re-registered.
Exempt vehicles
These vehicles do not require a VIN and are exempt from the pre-registration process:
• mopeds
• light trailers (those with a gross weight of less than 3,500kg)
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• tractors (including traction engines)
• self-propelled agricultural machines
• trailers not designed for normal highway use
• mobile machines not designed for normal highway use.
Obtaining a VIN
A VIN is obtained by entering the vehicle’s data into the NZTA computer, LANDATA.
Where possible, the computer will use the last seven digits of the chassis number as the
last seven digits of the VIN. If these numbers have already been assigned to another
vehicle, it will assign a different number that does not include the chassis number at all.
Positioning a VIN
The VIN must be located on a non-removable structural part of the vehicle and in such a
position that it can be easily read. It must not obscure an existing chassis number.
In/on
the VIN is located
motorcycles
under the rider’s seat or on the neck of the frame.
passenger cars and off-road
in the engine compartment:
passenger vehicles
• on the right hand side of the firewall, or
• on the right hand side, adjacent to the mounting
point of the front suspension, or
• in a location approved by the Director NZTA, for a
specified vehicle or model.
Note: If the vehicle has a rear window, the VIN must
also be etched on it, as close as practical to the
bottom left corner.
passenger vehicles (vans) and
in the passenger compartment:
off-road vehicles
• on top of the right hand wheel arch, adjacent to
the seat cushion, or
• on the inner panel of the right hand ‘A’ pillar,
adjacent to where the floor meets the ‘A’ pillar.
Note: If the vehicle has a rear window, the VIN must
also be etched on it, as close as practical to the
bottom left corner.
vehicles with a separate chassis
on the outside of the chassis, adjacent to the right
– for example, some goods
front wheel arch. In vehicles of these classes that do
vehicles, some utility vehicles,
not have a separate chassis, the VIN is located as for
some passenger vehicles and
vans and off-road vehicles, above.
some heavy trailers
Affixing a VIN
In all cars and vans, and trucks and buses that do not have a separate chassis, the VIN
is embossed on a plate, which is affixed to the vehicle in the locations described above.
The plate is affixed in this way.
Step Action
1
Prepare the area to which the plate is to be fixed.
2
Remove the backing paper from the plate.
3
Stick the plate firmly to the chosen area.
4
Drill two holes in the firewall/panel corresponding to the holes in the plate.
5
Rivet the plate to the firewall/panel.
Note: In motorcycles and trucks and buses that have a separate chassis, the VIN is
stamped directly onto the chassis or frame in the locations described above.
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If an incorrect VIN has been stamped onto a chassis, there are these two ways to correct
it.
Where. . .
then. . .
up to three numbers are incorrect
these numbers are over-stamped with an ‘X’
and the correct numbers stamped above or
below them.
more than three numbers are
all 17 digits are over-stamped with an ‘X’ and
incorrect
the correct numbers stamped above or below
them.
Query Vehicle Registration
If. . .
then. . .
a vehicle has been given a VIN
it will be displayed on a Query Vehicle
Registration (QVR), in the chassis/VIN portion
of the screen/print-out.
a vehicle has
not been given a VIN
the chassis/VIN portion of the screen/print-out
will show only the chassis number.
Vehicle notes
Inspectors at vehicle testing stations can enter notes into the LANDATA computer. These
notes are accessed when there are queries about a vehicle. For example, if a number is
stamped incorrectly onto the chassis of a heavy vehicle, the mistake is entered into the
notes, and can then be accessed by NZTA and staff of vehicle testing stations.
Note: Police access the notes through NZTA or their nearest vehicle testing station.
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Disguising and disposing of stolen vehicles
This section contains the following topics:
• ‘Ringing’ or ‘re-birthing’
• Rebuilding wrecked vehicles
• Rebuilding stolen vehicles
• Double ringing
• Double stealing
• Re-registering stolen vehicles
• Insurance fraud
• Dismantling for spare parts
• Penalties
• Personal Property Securities Act 1999
‘Ringing’ or ‘re-birthing’
Where a vehicle has been abandoned, damaged or poorly maintained, its only value may
be in its identity - that is, the registration plates, VIN tag/number and chassis and
engine numbers. A buyer may transfer these to a stolen vehicle, pass that vehicle off as
the first one, and sell it. This is known as ‘ringing’. The offender is usually a wrecker,
panel beater or backyard rebuilder.
The practice used to be common with insurance wrecks, but it is now illegal to sell such
wrecks with their identity. Under section 6 of the Land Transport (Motor Vehicle
Registration and Licensing) Regulations 2011, the insurance company or other owner of
a vehicle that has been written off must notify the registrar that the vehicle has been
destroyed, and return to the registrar the licence plates and current licence.
Rebuilding wrecked vehicles
In this process, the wrecked vehicle retains its identity and is rebuilt with parts from
stolen ones. The rebuilt vehicle may be sold, or retained by the offender.
Rebuilding stolen vehicles
This process involves replacing a stolen vehicle’s identity with that of a wrecked one. It
differs from ringing in that the suspect makes superficial changes to the vehicle and
represents it as rebuilt. The suspect may even cause minor damage and then repair it, to
make the rebuild look more genuine.
Although the scenarios below are possible they are rare. The main way to disguise cars
or rebirth them, and by far and away the most common method, is:
• an offender will obtain registration plates, VIN tag and a chassis number. They may
buy these or get them from a vehicle that they own. Occasionally the registration for
these is placed on hold
• the offender then steals a very similar car and swaps all the identification numbers
and tags from his deregistered car onto the stolen car and registers and warrants it
with a new plate.
Note: ‘Re-birthing’ generally happens within 48 hours - the offender’s legitimate car is
usually dumped.
A majority (90%) of all vehicles imported between 1988 and 1994 have no engine
numbers recorded or NZTA inspectors have just put the last few numbers of the chassis
in as an engine number thus negating the need to disguise them. This is particularly the
case with the car of choice for boy racers like drift cars such as Nissan Cefiro and
Skyline. These cars feature predominately in un-recovered cars statistics.
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Double ringing
Double ringing is even more difficult to detect because several vehicles are involved. This
table shows the process of double ringing.
Stage Description
1
The offender buys a wreck (vehicle number one) and a vehicle (number two),
and steals a third vehicle (number three). All are of the same make and model.
2
The plates from number one are transferred to number two, and the plates
from number two are transferred to number three. Car number one is
destroyed, as are the identification plates from number three.
3
Number two (with number one’s identification) is sold as a rebuilt wreck.
Number three (with number two’s identification) is also sold. Neither car is
likely to be identified as stolen because both number one and number two were
bought legitimately. It is unlikely Police will examine car number three because
car number two was never notified as a write-off.
Double stealing
Double-stealing involves this process.
Stage Description
1
The offender buys a wreck and transfers its identity to a stolen car of the same
make and model. The identifying items from the stolen car are preserved.
2
The suspect sells the stolen car as a rebuild, preferably to a private cash buyer.
3
A week or so later, the offender steals it again and reattaches the original tags
and plates. The car is then abandoned, recovered by Police and returned to the
original owner - that is, the person from whom the offender stole it first.
4
In the meantime, the private buyer reports the theft, but the vehicle is never
found because it does not exist under the identification and description
supplied.
Re-registering stolen vehicles
This is a two-stage process.
Stage Description
1
A new or near-new vehicle is stolen along with the identification used in an
application to register a motor vehicle.
2
Upon receiving the licence label, registration certificate and plates, the offender
can change the identity of the stolen vehicle and sell it to an innocent buyer.
The offender may supply a false name and address, making their identity
difficult to establish.
A variation on this method involves this process.
Stage Description
1
The offender obtains the engine and chassis numbers from a parked car and re-
registers it, then steals the vehicle.
2
The original engine and chassis numbers are altered slightly on the application
to register. When the vehicle is stolen, its numbers are altered to correspond
with the new certificate of registration. Thorough examination may reveal such
alteration.
3
The vehicle is registered in a false name and address, and registration later
changed into the offender’s name. The suspect may have created records in an
effort to ‘prove’ the legitimacy of the vehicle.
4
The offender hires a rental car and re-registers it as rebuilt. The vehicle is then
sold to an innocent buyer, stolen back again and returned to the firm, within
the hire period, with the original identification restored. This is a variation on
double stealing.
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Insurance fraud
This is the two-stage process.
Stage Description
1
A wreck is bought for its certificate of registration and then destroyed or broken
down for parts. The certificate of registration is used to insure the non-existent
vehicle. The vehicle is later reported stolen and a claim lodged. Variations on
this involve rental vehicles and finance companies.
2
The owner of an insured vehicle arranges its theft and claims the insurance. The
vehicle may later be found burnt out, or never recovered. In the latter case, the
owner may delay reporting the theft to enable the thief to change the vehicle’s
identity or dispose of it as parts.
The most common scenario is that a car is stolen for its parts and then stripped
so that just the shell and chassis frame remain. This is then disposed of by
taking it to a wrecker who by law is supposed to hold it for 2 weeks before
taking it to a scrap metal dealer where it is destroyed. There are also
companies who remove car bodies for free or for a fee. The company then
process the car body for its scrap metal value. Offenders involved in insurance
fraud may use this method of disposing of car bodies.
Dismantling for spare parts
To reduce the risk of detection, some stolen vehicles are dismantled for spare parts
rather than sold complete.
Penalties
The courts can:
• order reparation for destruction of, or damage to property - section 32 Sentencing Act
2002
• disqualify a person convicted of an offence involving a vehicle - section 124
Sentencing Act 2002
• order the confiscation of motor vehicles used in committing offences that are
punishable by at least one year’s imprisonment - section 128 Sentencing Act 2002.
Personal Property Securities Act 1999
This Act sets up a national database accessible by authorised users, such as motor
vehicle dealers, second-hand dealers, retailers, manufacturers, solicitors, lending
institutions, banks, and Baycorp, who meet the criteria for registration and have paid a
small fee. All types of security interests, except for those over land, may be registered
(for example, hire purchase, interests over motor vehicles, aircraft, ships, machinery,
consumer goods). The standard search fee is $3.
Note: The High Court registers have been discontinued.
Unlike some previous legislation, registration under the Personal Property Security Act or
the existence of an unregistered hire purchase agreement on certain goods does not
constitute constructive knowledge of the existence of the security interest or its
contents. However, the security agreement is enforceable against a third party (for
example, a person unknowingly buying encumbered property) as long as the agreement
adequately describes the property. The general rule that a purchaser cannot obtain a
better title than the seller has not changed.
The Act does not change the fact that a thief cannot pass title; it merely prioritises
competing legal interests. Nor does it stop prosecutions; for example, a person who sells
a car that is still on hire purchase without revealing the security interests on the vehicle
may be guilty of theft on the finance company and false pretences on the new owner.
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Stolen vehicle investigations
This section contains the following topics:
• Theft
• Investigating a stolen vehicle
• When the vehicle is recovered
Theft
For making enquiries with wreckers and motor vehicle dealers, see the ‘Dealers and
traders’ chapter of the Police Manual.
Investigating a stolen vehicle
The Police employee investigating a stolen vehicle complaint should follow these steps.
Step Action
1
When you receive the file, check that:
• the NIA record contains all the details, including that the registration,
engine and chassis numbers are correctly recorded
• all initial action has been completed.
2
Update NIA to show:
• the circumstances of recovery and whether the vehicle was used in other
offences
• the vehicle’s description
• where it was recovered
• the value of the damage and/or the property stolen from the vehicle
• the offender’s modus operandi, especially when entering and taking the
vehicle; for example, rear quarterlight window smashed, ignition barrel
forced.
3
Consider liaising with Intel Section to analyse patterns of offending
When the vehicle is recovered
The Police employee attending a recovered vehicle scene should follow these steps.
Step Action
1
Examine the vehicle:
• to establish its true identity. Make sure it is the correct vehicle and not
another vehicle with the stolen vehicle’s registration numbers attached.
Check engine and chassis number tags for signs of tampering, such as with
double stealing
• for fingerprints and DNA , paying particular attention to the:
- rear vision mirror
- windows
- dashboard
- driver’s door
- bonnet
- boot
- steering wheel
- gear stick
- handbrake lever
• for evidence that might connect the suspect to other crimes. If the vehicle
has been used in other crimes, consider contacting the Scene of Crime
Officer (SOCO) for help with fingerprinting, and the ESR for help with
collecting other evidence.
2
Complete a POL 268 for any property recovered from the vehicle. Note any
articles that may have been left by the offender.
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3
Search the scene where the vehicle was recovered for articles dropped by the
offender.
4
If a Card event:
• exists, inform the Communications Centre that the vehicle has been found
for their update of Card event records
• does not exist, update NIA occurrence/create 2R.
5
Clear any stolen vehicle alert from NIA.
6
Inform the owner. Do not rely on a ‘Locate Vehicle’ message for this.
Refer to the National Recording Standard – Offences and Incidents (4.5
Vehicles).
7
Consider having the owner uplift the vehicle or authorise costs for Police to
have it towed to a secure location. If the owner cannot be contacted and no
authority to tow has been given, consider whether Police should tow the
vehicle to a secure location at their cost. An attempt should later be made to
recover costs from the owner. Removal of the vehicle may be necessary to
prevent further loss or damage or to allow a forensic examination.
8 Complete
correspondence:
• make enquiries promptly at the scene where the vehicle was recovered and
record these on a Recovered Vehicle Job Sheet (POL 247)
• record any identifiable property stolen from the vehicle in NIA ‘item of
interest’ and attach a copy of the printout to the Job Sheet
• submit the Job Sheet and attached printout to the member holding the file.
For additional guidance, see ‘Further enquiries’ in the section ‘Seizing Property’.
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Locating stolen vehicle suspects
This section contains the following topics:
• Patrols
• Checking vehicle identification numbers
• Crime map
• Decoy vehicles
• Information
• Interviewing suspects
Patrols
Patrol streets, car parks and the environs of public gatherings. Look for:
• people loitering near vehicles:
- ask them why they are there
- check for instruments of ‘taking’
- consider whether they have committed the offence of ‘being found in a public place
preparing to commit a crime’ under section 28 of the Summary Offences Act 1981
• the appearance and behaviour of vehicle occupants, especially when they have seen
Police. Examples of suspicious situations include:
- vehicles cruising slowly through residential and parking areas
- drivers that are not familiar with the controls
- young drivers that are speeding
- vehicles that are out of character for the driver
• occupants of garages, panel-beaters and wreckers working late at night
• abandoned wrecks with their identification numbers removed (these numbers could be
used on a stolen vehicle)
• the condition of vehicles, for example:
- missing or damaged ignition or door locks
- an altered, defaced or missing VIN
- an invalid or missing licence label or warrant of fitness
- no registration plate light
- a vehicle abandoned at the scene of an accident
• the condition of registration plates, for example:
- an old plate on a new vehicle or vice versa
- a plate that has been disguised; for example, partially obscured with mud, black
nugget or paint
- one plate attached on top of another
- cut and joined plates
- plates carelessly or hurriedly attached
- an old plate that has been attached with new bolts
Note: Although registration plates are the most commonly used identification
numbers, they are also the most unreliable because they are accessible and easily
removed.
• vehicles left unlocked with keys in the ignition (warn owners of the consequences)
• vehicles that may have been unlawfully taken or stolen (check the identity of the
occupants and vehicle).
Checking vehicle identification numbers
Many vehicles, especially motorcycles, have been registered using partial numbers
including both engine and chassis or frame numbers.
Sometimes, the prefix denoting the model has been omitted. This can result in several
vehicles being registered with the same numbers. When checking NIA records for a
particular vehicle, you may miss the record if it has not been entered correctly. You
should, therefore, use all variations of the identifying numbers. Try the number on its
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own; and with the model designation as a prefix, and again as a suffix. For example, a
BSA Yamaha motorcycle with the number A65T8918, where A65T is the model
designation, should be checked as:
• 8918
• A65T8918
• 8918A65T.
The NIA wild card search character “*” can be used for VIN, chassis number, frame
number and engine number searches.
If one of the numbers comes up, check further that it is the stolen vehicle.
Information
Liaise with your HSMU to obtain CHIS information in relation to vehicle offending.
Interviewing suspects
Refer to the ‘Investigative interviewing suspect guide’ chapter for guidance on
interviewing suspects.
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Searching premises for stolen vehicles
Procedure
Follow these steps.
Step Action
1
Search methodically for identifiable items such as vehicle identification
numbers, warrants of fitness, and clothing, documents, tools or accessories
taken from stolen vehicles. Look behind the registration plates of wrecks - the
original registration number is sometimes outlined in dust on the body.
2 Check:
• registration plates, and engine, chassis and VINs against the VOI
subsystem while you are still at the premises
• warrant of fitness numbers in the POI subsystem
• licence labels, by contacting [email address].
3 Examine
all:
• registration papers (afterwards, ask previous owners about the vehicle’s
present location)
• books
• telephone numbers
• papers and letters
•
• financial records
• car insurance papers
• lists of registration numbers
• hire purchase agreements
• business cards
• electronic devices including computers, phones and tablets for online
records, e.g. Trademe deals.
4 Photograph
vehicles
of evidentiary value.
Additional information: See the ‘Crime Scene Examination’ and ‘Search’ chapters of
the Police Manual.
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Seizing property
This section contains the following topics:
• Seizure of items associated with stealing motor vehicles
• Seizing and returning vehicles
• Storing vehicles
• Further enquiries
• Additional seizure information
For search powers refer to the ‘Search’ chapter in the Police Manual.
Seizure of items associated with stealing motor vehicles
Items associated with stealing motor vehicles that should be seized include:
• Electronic devices including computers, phones and tablets that may contain records
of online transactions
• metal stamps and dyes, for comparison with marks on disguised vehicles
• electric tools, especially those with a grinding wheel attached (the ESR can compare
them with obliterated markings on the engine and chassis of stolen vehicles)
• documentary evidence
• control samples such as paint and plastic compounds
• tools for entry and starting vehicles, e.g. screw drivers, vice grips and poly grips.
Seizing and returning vehicles
Because storage is a problem, seize motor vehicles only when they are required, such as
for court inspection.
Note: Do
not retain vehicles while awaiting a prosecution unless you seek an order for
disposal under subpart 6 of Part 4 of the Search and Surveillance Act 2012.
If a vehicle has been seized from an innocent purchaser, consider the impact on the
victim. Once the vehicle has been correctly identified and photographed, return it to the
lawful owner. Obtain a receipt. Tell the victim from whom the vehicle was seized that it
has been correctly identified and returned.
There are usually strong pressures from owners or insurance companies for the return of
seized vehicles. Do not retain them unnecessarily.
Additional information: For watch house procedures relating to seized vehicles, see
the ‘Property’ chapter of the Police Manual.
Storing vehicles
The Police are legally liable for loss or damage while seized vehicles are in their
possession. Ensure that they are stored securely and protect them from deterioration. If
you are storing them for long periods, obtain expert advice.
Further enquiries
Follow these steps.
Step Action
1
Try to complete your enquiries early, to prevent disposal of evidence.
2
When a vehicle is recovered, arrange for it to be:
• photographed
• searched and examined
• identified.
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3
When identifying the vehicle ask the owner about:
- identifiable features
- any control samples at home that might help the identification. These may
include paint, fillers, off-cuts from accessories or tools for comparison with
marks.
4
Ask the owner to:
• examine the vehicle and point out the identifiable features - do
not hurry the
examination
• compare the chassis and engine numbers, if they have not been altered, with
those on the registration certificate
• make a written statement detailing the loss, the owner's identification of the
vehicle on that date, the vehicle’s identifying features and any differences
observed.
5 Photograph
the
identifying features.
6
Consider making identification enquiries with previous owners.
Additional seizure information
See the Search chapter, Part 12 – Procedures applying to seized and produced things for
further information about seizure.
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Examining suspected stolen vehicles
This section contains the following topics:
• Preparation
• Examining vehicle identification plates and numbers
• Examining the exterior
• Examining the interior
• Suspected rebuilds
• Car rings
• Other charges
Preparation
Follow these steps.
Step Action
1
See previous section on Vehicle Identification for the position of the VIN, engine
and chassis numbers. If necessary, contact the manufacturer to find out its
system of:
• numbering and positioning (some numbers tell you the make, model, year,
body and style - there are also engine and assembly plant codes)
• assembly (this includes the position of welds).
2
Find out about previous damage, from the insurance assessor or the previous
owner.
3
Have the necessary equipment, such as:
• piece of cloth
• pocket knife
• wire brush
• scraper
• emery cloth
• torch
• piece of chalk
• acetone
• mirror on a flexible wire handle
• pair of overalls
• ground sheet
• screwdrivers and spanners.
4
Ensure that the examination is conducted under the best possible conditions.
Ideally, it should be in a Police garage or well-lit garage with pit or hoist.
Remember: “Safety first” when conducting examinations.
5
To assist identification, ensure that the victim inspects the vehicle.
6
Plan to conduct the examination logically and methodically, completing the
‘Vehicle Examination Sheet’ (POL247).
7
For specialist assistance consider obtaining help from the manufacturer, the
ESR, or a panel-beater, painter or mechanic. The ESR can:
• take ‘impregum casts’ of re-stamped engine and chassis numbers (these
casts help relate seized metal punches to stolen vehicles)
• analyse paint layers.
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Examining vehicle identification plates and numbers
Follow these steps.
Step Action
1
Examine registration plates for:
• alterations
• evidence of recent plate changes
• the suspect’s fingerprints (examine the back of the plate).
Note: Look for dust impressions of the original number plate on the vehicle
body, under the existing plate.
2
Examine the VIN and, if applicable, the engine and chassis numbers for signs
of:
• re-spray and overspray in engine bay
• heat damage to components and the firewall from welding
• interference with the tags, such as damaged screw heads or sitting proud
• alterations to the numbers, such as additional figures or overstamps
• obliteration by grinding, especially if the original number was stamped into
the metal (you must know where it had been)
• filler in the impressions (a new number can be stamped or inscribed into
the filler and painted over to disguise it)
• that the VIN inscribed on the rear window matches that on the tag.
Note: The legitimate chassis number is sometimes cut from the firewall and
the stolen car’s number is ground off or cut out. Then the illegitimate chassis
number is glued using araldite (or similar) or welded into place, and the edges
are bogged over. It’s all sanded down to look part of the firewall and then
painted over. By simply scratching the new paint it will reveal the pink
coloured bog removal and replacement of the piece of chassis bearing the
number.
If you are trying to find the chassis numbers from a firewall, ESR can use
chemical analysis to bring up the ground off numbers. A popular method was
to heat treat it but if this does not work chemical treatment is not possible.
Chemical treatment is much more effective. If the vehicle has been paid out
on by insurance, cut the area out using a plasma cutter and send it to your
local ESR specialist in the field of treating metal for this purpose).
Remember: A replacement engine may have been fitted without notification
to Motor Registration.
3 Also
examine:
• rear of the firewall for heat damage, this is accessed by removing the
windscreen wipers and grill
• other serial numbers used by the manufacturer
• numbers affixed by other motor trades; for example, electroplaters’
numbers on replacement chrome
• electrical equipment, for the date code. This consists of three numbers
representing the month and year of manufacture.
4
Enquire about the warrant of fitness. Find out:
• whether it is stolen using NIA
• where it was issued by asking the NZTA.
5
Conduct enquiries via [email address] to obtain evidence of
transactions.
Examining the exterior
Examine the:
• body work, noting:
- panel wrinkles or distortion
- panel fit
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- paint work
- imperfections
- weld marks
• doors, noting:
- the condition of the insides of door frames and windscreen pillars
- any signs of filler
• windows, for replacement glass (in the case of rebuild enquiries, this should
correspond with the assessor’s report)
• radiator, for evidence of damage and repairs, such as fan blade marks, soldered water
channels and compounds pressed into leaks
• front and rear suspension, for signs of repair or replacement
• drive shaft and rear axle assembly, for signs of damage such as cracks or oil leaks
• wheels and tyres, for signs of uneven wear
• the vehicle for the presence of microdots.
Examining the interior
Examine:
• the contents of glove boxes, door pockets, trays and ashtrays (note the items and if
necessary, preserve them)
• the upholstery, roof lining and carpets, for signs of repair, replacement and vinyl paint
sprays (note all marks)
• the floor, for welding marks and be aware that the repairer may have joined two
halves together (note any different colours)
• all dirt and dust, for items such as blood or glass from a shattered windscreen (these
may indicate that a rebuild is genuine).
Note:
• the ignition
• door and boot lock numbers (found on the lock barrels)
and check if a new steering wheel has been fitted.
Suspected rebuilds
Follow these steps.
Step Action
1 Conduct
enquiries:
• with the insurance company
• where the vehicle was stored before disposal.
2
Obtain a statement from the insurance assessor and ask them to examine the
vehicle.
3
Interview the person who owned the wrecked vehicle at the time of the accident
and obtain a statement outlining the damage. Ask them to examine it and
confirm whether it is the same one. If the owner was killed in the accident,
respect the feelings of the next-of-kin and exercise your discretion in contacting
them.
4
Consider other possible avenues of enquiry such as wrecking and towing firms,
and informants.
5
Obtain statements from everyone who handled the vehicle since its identity was
changed, in order to trace it back to the original buyer and prove continuity.
6 Consider
whether:
• an identification parade is appropriate
• photocopies of motor registration files would help the enquiry.
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Car rings
Consider:
• a production order on the suspect’s bank accounts which may reveal deposits that can
be traced to stolen cars
Note: See the Search chapter, Part 9 – Production orders for information about
applying for and executing production orders.
• seizure and examination of computers, phones, tablets and storage devices to obtain
evidence of offending
• sequence checks on the registered number of the recovered vehicle (if the suspect re-
registered other vehicles at the same time, they will have consecutive numbers)
• computer checks on the names the suspect used to register vehicles (the suspect may
have used the same false name to register other vehicles).
Note: Remember the suspect may be part of a large car ring.
Other charges
If the suspect sold the vehicle to an innocent buyer, consider a charge of false pretence.
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Documentary evidence in respect of stolen vehicles
Procedure
Follow these steps.
Step Action
1
If the original documents are required in court, obtain them from the NZTA.
The request:
• can be e-mailed to: [email address]
• must include:
- details of the documents required
- the Police file number and name of the O/C case
- brief reasons for the request.
Note: The document will show all past registered owners and their particulars
as well as when and at what mileage WOFs were obtained. This is a certified
copy suitable for court.
2
Arrange for the documents to be produced by:
• the writer of the documents, if not the accused, or
• the New Zealand Post (or other authorised agency) employee who
originally received them.
Note: Evidence relating to other matters in the Motor Registration history
files must be produced by an employee from the local New Zealand Post Motor
Registration Office or the NZTA.
3
If a certified copy of the vehicle’s ownership history is required, arrange for it
to be produced:
• by consent, or
• by an employee from the local New Zealand Post Motor Registration Office.
4 Consider:
• having the documents examined and fingerprinted
• in cases involving a number of vehicles, preparing a schedule for
production as an exhibit. Ensure that it contains only admissible matters
that can be proved.
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Disposing of seized property
Disputed ownership
Changes to the identity and appearance of a vehicle can make it difficult to assess who
the vehicle should be returned to. Claimants may include original owners, dealers,
insurance companies and offenders.
If. . .
then. . .
the parties reach
obtain a disclaimer from each person foregoing possession, before
agreement,
returning the vehicle under receipt.
the parties cannot
keep possession of the vehicle and apply for a court order under:
agree,
• section 154 of the Search and Surveillance Act 2012 if the
vehicle was seized under a search warrant or other search
power
• sections 40 of the Policing Act 2008 or 377 of the Criminal
Procedure Act 2011 if the vehicle was obtained without a
warrant or search power.
Note: Such an application can be made during prosecution or at a
separate hearing. Do
not return a vehicle if its ownership is in
dispute and there is no court order.
There are cases where an unsuspecting person has bought a car only to find out later
that parts of the car are from another stolen car in particular the engine. In most of
these cases, the insurance company has settled with the original complainant. Therefore,
anything subsequently discovered belongs to the insurance company. The insurance
company will liaise with the unsuspecting owner and come to some form of
arrangement, effectively resolving the issue of ownership without involving the Police or
courts.
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Taking, conversion and interference
This section contains the following topics:
• Attempts and interference
• Getting into or upon a vehicle
• Claim of ownership
• Overdue rental vehicles
Attempts and interference
Follow these steps if you see a person attempting to interfere with a vehicle.
Step Action
1
Approach the suspect and query their actions. Establish whether they own the
vehicle or have authority to interfere with it.
2
Examine door handles and windows for signs interference.
3
Arrest and caution if an offence is revealed. Be aware that the person may have
instruments such as screwdrivers that can be used as weapons against you.
4
Search the suspect for instruments of taking or converting, or other evidence.
Take possession of these.
5
Arrange for the owner to contact Police.
Getting into or upon a vehicle
If the circumstances are such that you suspect a person(s) is unlawfully getting into a
motor vehicle then you should report the event to the Communication Centre and
investigate further. In such cases follow these steps.
Step Action
1
Ask questions that anyone with legitimate access would be expected to answer
correctly (refer to ‘Claim of ownership’).
2
Examine the vehicle for signs of force.
3
Look for any tools or equipment that would suggest illegal activity.
4
Note whether the occupants are sober. It may be appropriate to utilise the
provisions under the excess breath or blood alcohol provisions in the Land
Transport Act 1998.
5
Arrest if you have good cause to suspect that an offence has been committed.
Ask for an explanation.
6
Use your mobility device to find out the vehicle’s registered owner. Locate the
owner, or leave a note in a conspicuous position on the car telling them to
contact Police.
Claim of ownership
Note whether a person claiming ownership co-operates with you. The real owner should
appreciate your attempts to safeguard the vehicle, whereas resentment at your
questioning may be regarded as suspicious. Ask claimants to:
• produce the ignition keys
• produce a driver’s licence, and reproduce the signature (check that the licence
matches the person)
• describe the vehicle’s dents, scratches or other peculiarities
• describe the interior and exterior lights
• give the registration number (check both plates).
Also ask them:
• where the gears are
• what the floor coverings are like
• where tools are kept
• what type of jack is used
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• how and where the spare wheel is mounted
• where the warrant of fitness was issued
• what the glove box contains.
Overdue rental vehicles
When rental companies lodge a complaint that a vehicle is overdue, find out:
• if there is a written hire agreement
• details of the contract, such as the hirer’s identity and class of driver’s licence, and
any arrangements about the vehicle’s return that would preclude colour of right
• whether the company requires extensions to the hire period to be made in advance.
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