Land Transport Act 1998

Proceedings enforcing responsibilities - Infringement offences

139A: Towage fees if parking offences prosecuted

You could also call this:

“You might have to pay for towing if you get in trouble for parking wrongly”

If you are found guilty of or plead guilty to a parking offence, and the court believes that an enforcement authority spent money to move or plan to move your vehicle (even if it wasn’t actually moved), you must pay a towage fee. This fee is in addition to any fine or costs the court orders you to pay.

If you are ordered to pay a towage fee for a parking offence, the money collected for this fee goes to the enforcement authority that paid for the towing expenses. This applies even if the case was started by filing a reminder notice or providing details of a reminder notice.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM3820356.


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Part 10 Proceedings enforcing responsibilities
Infringement offences

139ATowage fees if parking offences prosecuted

  1. The court must order the defendant to pay, in addition to any fine and any costs ordered by the court, the amount of the appropriate towage fee if, in proceedings in respect of a parking offence,—

  2. the defendant is found guilty of, or pleads guilty to, the offence; and
    1. the court is satisfied that expenses have been incurred by an enforcement authority in respect of the movement or proposed movement of the vehicle involved in the offence (whether or not the vehicle was in fact moved).
      1. If, in proceedings in respect of a parking offence (including proceedings commenced by the filing of a copy of a reminder notice under section 21(5) of the Summary Proceedings Act 1957 or the provision of particulars of a reminder notice under section 21 of that Act), the defendant is ordered to pay an amount in respect of a towage fee, the amount of the fee recovered must be paid to the enforcement authority that incurred the towage expenses.

      Compare
      Notes
      • Section 139A: inserted, on , by section 76 of the Land Transport (Road Safety and Other Matters) Amendment Act 2011 (2011 No 13).