If you are in a situation where a territorial authority can remove a motor vehicle under both section 356 and section 356A, the territorial authority can only use its powers under section 356A. This means the territorial authority has to follow the rules in section 356A when removing a motor vehicle. You need to know that the territorial authority cannot use the powers from both sections at the same time.
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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM420718.
356A: Further provision in relation to removal of vehicles from roads, or
"What happens if the council removes your vehicle from the road because it's unlicensed or unsafe?"
357: Penalties for damage to roads, or
"Breaking a road rule can cost you up to $1,000 if you damage a road without permission."
In any circumstances where a territorial authority is authorised to remove a motor vehicle under both section 356 and 356A, the territorial authority may only exercise its powers under section 356A.
