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Freedom Camping Act 2011

Enforcement, miscellaneous, and transitional provisions - Proceedings

29: Rental service agreement may provide for payment of infringement fee

You could also call this:

“Car rental agreements can include rules about paying fines for breaking camping laws”

When you rent a car, you can agree to pay any fines and costs if you break the law while using the car. This agreement can be part of your rental contract.

You can allow the rental company to charge your credit or debit card for these fines and costs. If you do this, the rental agreement must explain:

  1. Who is responsible for any offences
  2. That the rental company will send you copies of any fines to your home address
  3. That you can challenge a fine with the authority that issued it
  4. That you have the right to go to court about the offence

These rules apply even if the rental agreement says something different.

The costs mentioned can include an administration fee that the rental company is allowed to charge. This fee must be written in the rental agreement.

Remember, these rules are part of the law and are there to protect both you and the rental company.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM3944002.

Topics:
Housing and property > Land use
Business > Industry rules
Transport and travel > Driving
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30: Charging hirer for infringement fee, or

“Rental companies must follow steps before charging you for breaking camping rules”

Part 3 Enforcement, miscellaneous, and transitional provisions
Proceedings

29Rental service agreement may provide for payment of infringement fee

  1. A hirer of a motor vehicle may, in a rental service agreement with a rental company, agree to pay any infringement fee and any costs that may become payable because of an infringement notice served on the rental company for an infringement offence (in this section and in section 30 referred to as the particular offence) that is alleged to have been committed—

  2. in circumstances involving the use of the vehicle hired under the agreement; and
    1. during the period of hire.

      1. The hirer may, in the rental service agreement, also authorise the rental company to debit the hirer's credit card with the infringement fee and any costs payable because of an infringement notice for a particular offence and, in that case, the agreement must—

      2. set out the liability of the parties to the agreement for any particular offences:
        1. require the rental company to send to the permanent address provided by the hirer copies of any infringement notices and any reminder notices that may be served on the rental company for any particular offences:
          1. indicate that representations may be made to the issuing enforcement authority to challenge or query an infringement notice:
            1. set out the hirer's right to seek a court hearing for the particular offence.

              1. This section and section 30 have effect despite anything to the contrary in the rental service agreement.

              2. In this section and section 30,—

                costs includes the administration fee that is, as permitted by section 30(4), specified in a rental service agreement

                  credit card includes a debit card.

                  Notes
                  • Section 29(4) rental company: repealed, on , by section 26 of the Self-contained Motor Vehicles Legislation Act 2023 (2023 No 24).