Plain language law

New Zealand law explained for everyone

Land Transport Act 1998

Proceedings enforcing responsibilities

133A: Owner liability for stationary vehicle offences

You could also call this:

“Owner can be held responsible for parking offences, but has ways to defend themselves”

When someone breaks the law with a parked vehicle, the authorities can take action against different people. They can go after the person who did it, the person who owns the vehicle, or the person who was allowed to use the vehicle at the time.

If they take action against the owner or the person allowed to use the vehicle, it’s assumed that this person was driving or in charge of the vehicle when the offence happened. It’s also assumed that whatever the driver did wrong, the owner or person in charge is responsible for it.

You can defend yourself if someone else has already been made to pay for the offence. You can also defend yourself if you weren’t allowed to have the vehicle or if someone else was using it without permission when the offence happened. But you need to tell the authorities about this quickly and give them information about who was really responsible.

If you’re defending yourself, you need to provide a formal statement. This statement should either give details about the person who was really responsible, or explain why you couldn’t find out who that person was.

These defences are extra options on top of any other defences that might already exist for the specific offence.

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This page was last updated on

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM3820350.

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133: Owner liability for moving vehicle offences and special vehicle lane offences, or

"Vehicle owners can be responsible for traffic offences even if they weren't driving"

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134: Strict liability for offences involving insecure loads and loads falling from vehicles, or

"You're responsible if loads on your vehicle aren't secured properly or fall off"

Part 10 Proceedings enforcing responsibilities

133AOwner liability for stationary vehicle offences

  1. Proceedings for a stationary vehicle offence may be taken against 1 or more of the following persons (whether or not, in the case of a person referred to in paragraph (b) or (c), the person is an individual or was the driver, person in charge, or user of the vehicle at the time the alleged offence was committed):

  2. the person who allegedly committed the offence:
    1. the person who, at the time of the alleged offence,—
      1. was registered as the owner, or one of the owners, of the vehicle involved in the offence in a register kept under section 18 of the Transport (Vehicle and Driver Registration and Licensing) Act 1986; or
        1. was the registered person in respect of the vehicle under Part 17 of this Act:
        2. the person who, at the time of the alleged offence, was lawfully entitled to possession of the vehicle involved in the offence (whether or not jointly with any other person).

          1. Subject to subsection (4), in any proceedings taken against a person under subsection (1)(b) or (c), in the absence of proof to the contrary, it must be presumed that—

          2. the person was the driver, person in charge, and user of the vehicle at the time of the alleged offence (whether or not the person is an individual); and
            1. the acts or omissions of the driver, person in charge, or user of the vehicle at that time were the acts or omissions of the first-mentioned person.

              1. It is a defence to proceedings taken against a person for a stationary vehicle offence if the person proves that another person has, by virtue of an order under the Criminal Procedure Act 2011 or the Summary Proceedings Act 1957, become liable to pay a fine or costs, or both, in respect of the offence.

              2. It is a defence to proceedings taken against a person under subsection (1)(b) or (c) if—

              3. the person proves that, at the time the alleged offence was committed,—
                1. they were was not lawfully entitled to possession of the vehicle (either jointly with any other person or individually); or
                  1. another person was unlawfully in charge of the vehicle; and
                  2. as soon as practicable after becoming aware of the alleged offence, he or she advised the enforcement authority in writing that, at the time the offence was committed, he or she was not lawfully entitled to possession of the vehicle or another person unlawfully had charge of the vehicle, as the case may be; and
                    1. he or she has given the enforcement authority a statutory declaration that—
                      1. identifies another person who was, at the time of the alleged offence, lawfully entitled to possession, or was unlawfully in charge, of the vehicle by providing—
                        1. the full name and full address of the other person; and
                          1. any other identifying particulars of the other person that are known to the person making the declaration (for example, the other person's date of birth, occupation, telephone number, or electronic address); or
                          2. establishes that the person making the declaration was unable to identify the other person after taking all reasonable steps to do so.

                          3. In the case of any stationary vehicle offence, any defence available under subsection (3) or (4) is in addition to and not in substitution for any defences available under the enactment creating the offence.

                          Compare
                          Notes
                          • Section 133A: inserted, on , by section 73 of the Land Transport (Road Safety and Other Matters) Amendment Act 2011 (2011 No 13).
                          • Section 133A(3): amended, on , by section 413 of the Criminal Procedure Act 2011 (2011 No 81).
                          • Section 133A(4)(a)(i): amended, on , by section 24(1) of the Land Transport (Road Safety) Amendment Act 2023 (2023 No 62).
                          • Section 133A(4)(c): replaced, on , by section 14 of the Land Transport Amendment Act 2011 (2011 No 31).
                          • Section 133A(4)(c)(i)(B): amended, on , by section 24(2) of the Land Transport (Road Safety) Amendment Act 2023 (2023 No 62).