Part 7Offences
71Removal and disposal of abandoned boats and vehicles, and vehicles parked in prohibited places
Any officer or employee of the Department who has reasonable cause to believe that any boat or vehicle has been abandoned in a park may remove it or cause it to be removed to any place authorised by the Minister for that purpose.
Where the Minister has appropriated any part of a park for parking of vehicles, any officer or employee of the Department may remove to any place so appropriated any vehicle that is parked on any part of the park where the parking of vehicles is prohibited.
Where any vehicle is so removed, the owner or other person in charge of the vehicle shall be liable to the Crown for the cost of removing the vehicle and for the charges that, under bylaws made under this Act, would be payable for the use of that parking space if the vehicle had been parked there by the owner or other person in charge.
Unless, within 2 months after the date on which a vehicle is removed under subsection (1) or subsection (2), the owner or some other person removes the vehicle from the park or other place where it is stored and pays to the Minister on behalf of the Crown the cost of removing and storing it under subsection (1) or, as the case may be, the cost of removing it under subsection (2) and the parking charges payable under that subsection, then,—
- if the vehicle—the Minister may give not less than 14 days' notice by advertisement in 2 issues of a newspaper circulating in the district in which the park is situated, of his intention to sell or destroy the vehicle:
- is not a motor vehicle; or
- is a motor vehicle and no licence to use the vehicle for the current licensing year is affixed to it,—
- is not a motor vehicle; or
- if—the Minister may give not less than 14 days' notice to the person last registered under Part 17 of the Land Transport Act 1998 in respect of the vehicle of his intention to sell or destroy the vehicle.
- the vehicle is a motor vehicle; and
- a licence to use the vehicle for the current licensing year is affixed to it,—
- the vehicle is a motor vehicle; and
Any notice under subsection (4)(b) may be given by personal delivery to the person in question, or by posting it to him by registered letter addressed to him at his last known place of residence or business in New Zealand.
Unless, before the expiry of the notice given under subsection (4), the owner of the vehicle—
- pays to the Minister on behalf of the Crown the cost of removing and storing the vehicle under subsection (1), or, as the case may be, the cost of removing it under subsection (2) and the parking charges payable under that subsection, and, in either case, the cost of any advertisements published under this section; and
- removes the vehicle from the park or other place to which it was removed,—
The proceeds of the sale of any vehicle sold in accordance with this section shall be the property of the Crown and shall be paid into
a Crown Bank Account and applied under section 57 as if it were money received under this Act.For the purposes of this section, and without limiting the meaning of the term abandoned, a boat or vehicle shall be deemed to have been abandoned if it is left unused for a period of more than 1 month without the approval of the Minister.
In this section expressions defined in the Land Transport Act 1998 have, in relation to any motor vehicle, the meanings so defined.
Notes
- Section 71(4)(b): amended, on , by section 35(4) of the Land Transport Amendment Act 2009 (2009 No 17).
- Section 71(5): amended, on , by section 35(4) of the Land Transport Amendment Act 2009 (2009 No 17).
- Section 71(7): amended, on , pursuant to section 83(7) of the Public Finance Act 1989 (1989 No 44).
- Section 71(9): amended, on , by section 35(4) of the Land Transport Amendment Act 2009 (2009 No 17).
- Section 71(9): amended, on , by section 215(1) of the Land Transport Act 1998 (1998 No 110).