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Land Transport Act 1998

Disqualification, demerit points, licence suspension, and vehicle impoundment - Impoundment of vehicles

96A: Impoundment of vehicle used in transport service

You could also call this:

“Taking away vehicles from people who run transport services without permission”

You need to know about taking away vehicles used in transport services. If an enforcement officer thinks someone drove a vehicle when they weren’t allowed to run a transport service, they must take the vehicle away for 28 days.

The officer has to fill out a form with details about the driver, the transport service operator, and the vehicle. They need to give a copy of this form to the driver, the registered owner, and the people who tow and store the vehicle.

The driver must give the officer their personal information if asked. They also need to provide information about the transport service operator if they know it.

If you’re the registered owner of the vehicle, or if the vehicle isn’t registered, the person the officer thinks owns it, you can appeal this decision.

Your personal items in the vehicle can be given back to you if you can prove they’re yours. The vehicle might not be taken if the officer thinks it’s stolen or badly damaged.

The vehicle will be given back if no charges are made or if the person is found not guilty. But this won’t happen if the vehicle has been released, taken for other reasons, or given to the government as punishment.

These rules don’t apply to trailers or vehicles without engines that are being towed.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM435045.

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97: Storage of impounded vehicles: generally, or

"How officials store and manage vehicles they've taken away"

Part 7 Disqualification, demerit points, licence suspension, and vehicle impoundment
Impoundment of vehicles

96AImpoundment of vehicle used in transport service

  1. An enforcement officer must seize and impound, or seize and authorise the impoundment of, a motor vehicle that is being used in a transport service for 28 days if the officer believes on reasonable grounds that a person drove the vehicle on a road while—

  2. the transport service operator was disqualified from holding or obtaining a transport service licence; or
    1. the transport service operator's transport service licence was suspended or revoked; or
      1. the transport service operator—
        1. does not hold a transport service licence; and
          1. has previously been forbidden to operate a transport service.

          2. An enforcement officer who seizes and impounds (or authorises the impoundment of) a vehicle under this section must—

          3. complete a notice in the prescribed form, or in a form to the same effect, acknowledging the seizure and impoundment, and setting out (if the particulars are reasonably ascertainable)—
            1. the full name and full address of the driver; and
              1. the driver’s electronic address (if the driver has an electronic address); and
                1. the full name and full address of the transport service operator, if different from the driver; and
                  1. the transport service operator’s electronic address (if the transport service operator is different from the driver and has an electronic address); and
                    1. the year of manufacture and make of the vehicle, and its registration plate details or vehicle identification number; and
                      1. the date and time of the seizure; and
                        1. the place where the vehicle is to be impounded; and
                          1. an outline of the person's rights of appeal under sections 102 and 110; and
                          2. give the driver a copy of the notice, unless the driver has left the scene; and
                            1. if the driver has left the scene, give a copy of the notice to the registered person, if that person is present at the time of the seizure, or send a copy of the notice to that person in accordance with subsection (2AAA); and
                              1. give or send a copy of the notice to the vehicle recovery service operator who tows or carries the impounded motor vehicle to the place where it is to be stored; and
                                1. give or send a copy of the notice to the storage provider who stores the motor vehicle; and
                                  1. retain a copy of the notice for 12 months.

                                    1. For the purposes of subsection (2)(c), if the registered person is not present at the time of the seizure, the enforcement officer must, as soon as practicable, send a copy of the notice to the registered person—

                                    2. by post addressed to that person at their last known place of residence or business, their last known postal address, or their address as recorded on the register of motor vehicles or any other register administered by the Agency; or
                                      1. by electronic means addressed to that person at—
                                        1. an electronic address that the person has given to an enforcement authority; or
                                          1. otherwise, the person’s last known electronic address.

                                          2. The driver of a motor vehicle seized or impounded under this section must, if requested to do so by an enforcement officer,—

                                          3. provide the driver’s—
                                            1. full name; and
                                              1. full address; and
                                                1. electronic address (if the driver has an electronic address); and
                                                  1. date of birth; and
                                                    1. occupation; and
                                                      1. telephone number; and
                                                        1. driver licence number:
                                                        2. provide, if known to the driver and different from the driver, the transport service operator’s—
                                                          1. full name; and
                                                            1. full address; and
                                                              1. electronic address (if the transport service operator has an electronic address); and
                                                                1. date of birth (if an individual); and
                                                                  1. telephone number.

                                                                  2. The relevant person specified in subsection (7) has the rights of appeal provided in sections 102 and 110.

                                                                  3. Personal property (other than property attached to or used in connection with the operation of the vehicle) present in a motor vehicle at the time of the seizure and impoundment must be released on request to a person who produces satisfactory evidence to the effect that they were lawfully entitled to possession of the vehicle or personal property immediately before the vehicle was moved.

                                                                  4. Personal property present in a motor vehicle at the time of the seizure and impoundment must be released subsequently to—

                                                                  5. a bailiff or constable who is executing a warrant to seize property:
                                                                    1. a person acting on behalf of the owner of the goods if the person produces satisfactory evidence of the owner's consent to such release.

                                                                      1. An enforcement officer does not have to seize or impound a motor vehicle if the officer has good cause to suspect that the vehicle is a stolen vehicle or had been converted, is a write-off, or has suffered severe damage.

                                                                      2. A vehicle to which a notice under this section relates must be released to the relevant person specified in subsection (7) if—

                                                                      3. the Director or the Police have decided finally that proceedings will not be taken against the transport service operator or the person who drove the vehicle in circumstances referred to in subsection (1) or such proceedings have been taken and the person is acquitted; and
                                                                        1. the vehicle has not been—
                                                                          1. released; or
                                                                            1. seized under the Summary Proceedings Act 1957; or
                                                                              1. confiscated under the Sentencing Act 2002.

                                                                              2. For the purposes of subsections (3) and (6), the relevant person is,—

                                                                              3. if the vehicle is registered, the registered person for the vehicle; or
                                                                                1. if the vehicle is not registered, a person who the enforcement officer is satisfied is the owner of the vehicle.

                                                                                  1. Nothing in subsection (1) authorises the seizure or impoundment of a trailer or any other vehicle without motive power that is being towed by or is attached to a motor vehicle.

                                                                                  2. Sections 97 and 98 apply, with any necessary modifications, to a motor vehicle used in a transport service that is impounded under this section.

                                                                                  Notes
                                                                                  • Section 96A: inserted, on , by section 51 of the Land Transport Amendment Act 2005 (2005 No 77).
                                                                                  • Section 96A(2)(a)(i): amended, on , by section 23(1) of the Land Transport (Enforcement Powers) Amendment Act 2009 (2009 No 36).
                                                                                  • Section 96A(2)(a)(ia): inserted, on , by section 14(1) of the Land Transport (Road Safety) Amendment Act 2023 (2023 No 62).
                                                                                  • Section 96A(2)(a)(ii): amended, on , by section 23(2) of the Land Transport (Enforcement Powers) Amendment Act 2009 (2009 No 36).
                                                                                  • Section 96A(2)(a)(iia): inserted, on , by section 14(2) of the Land Transport (Road Safety) Amendment Act 2023 (2023 No 62).
                                                                                  • Section 96A(2)(c): replaced, on , by section 14(3) of the Land Transport (Road Safety) Amendment Act 2023 (2023 No 62).
                                                                                  • Section 96A(2)(d): replaced, on , by section 14(3) of the Land Transport (Road Safety) Amendment Act 2023 (2023 No 62).
                                                                                  • Section 96A(2)(da): inserted, on , by section 14(3) of the Land Transport (Road Safety) Amendment Act 2023 (2023 No 62).
                                                                                  • Section 96A(2AAA): inserted, on , by section 14(4) of the Land Transport (Road Safety) Amendment Act 2023 (2023 No 62).
                                                                                  • Section 96A(2A): inserted, on , by section 23(3) of the Land Transport (Enforcement Powers) Amendment Act 2009 (2009 No 36).
                                                                                  • Section 96A(2A)(a)(iia): inserted, on , by section 14(5) of the Land Transport (Road Safety) Amendment Act 2023 (2023 No 62).
                                                                                  • Section 96A(2A)(b)(iia): inserted, on , by section 14(6) of the Land Transport (Road Safety) Amendment Act 2023 (2023 No 62).
                                                                                  • Section 96A(3): amended, on , by section 14(7) of the Land Transport (Road Safety) Amendment Act 2023 (2023 No 62).
                                                                                  • Section 96A(4): substituted, on , by section 23(4) of the Land Transport (Enforcement Powers) Amendment Act 2009 (2009 No 36).
                                                                                  • Section 96A(4): amended, on , by section 14(8) of the Land Transport (Road Safety) Amendment Act 2023 (2023 No 62).
                                                                                  • Section 96A(4A): inserted, as section 96A(5), on , by section 23(4) of the Land Transport (Enforcement Powers) Amendment Act 2009 (2009 No 36).
                                                                                  • Section 96A(4A) subsection number: substituted, on , by section 60 of the Land Transport (Road Safety and Other Matters) Amendment Act 2011 (2011 No 13).
                                                                                  • Section 96A(6): amended, on , by section 14(9) of the Land Transport (Road Safety) Amendment Act 2023 (2023 No 62).
                                                                                  • Section 96A(6)(a): amended, on , by section 91 of the Land Transport (NZTA) Legislation Amendment Act 2020 (2020 No 48).
                                                                                  • Section 96A(6)(b): substituted, on , by section 9 of the Land Transport Amendment Act 2011 (2011 No 31).
                                                                                  • Section 96A(6A): inserted, on , by section 14(10) of the Land Transport (Road Safety) Amendment Act 2023 (2023 No 62).