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Land Transport Act 1998

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

97: Storage of impounded vehicles: generally

You could also call this:

“How officials store and manage vehicles they've taken away”

When a vehicle is taken and held by officials, it must be stored where the enforcement officer says. The person who is registered as the vehicle’s owner usually has to pay for towing and storing it. However, they don’t have to pay if they haven’t claimed the vehicle, if it’s released for certain reasons, or in some cases where the registered person had a security interest in the vehicle.

If your vehicle is taken under a specific law, you have 38 days to either pay the fees or make a plan to pay them.

The fees can be recovered from the Ministry of Justice or the Police Commissioner in certain situations. If this happens, the towing and storage companies must pay back any fees they got from you within 10 working days.

You can’t remove a held vehicle from storage unless the law allows it. The storage provider must follow official orders to release the vehicle, including court orders.

The Police Commissioner, Ministry of Justice, or court officials can make arrangements with towing and storage companies for these purposes.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM435046.

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

97Storage of impounded vehicles: generally

  1. A motor vehicle seized and impounded under section 96, 96AAA, 96AAB, or 96A must be stored where the enforcement officer directs.

  2. The registered person for the impounded vehicle is liable to pay the fees and charges for towage and storage that are prescribed or assessed in the manner specified by regulations made under section 167.

  3. Subsection (2) does not apply if—

  4. the registered person, or a person authorised by them, has not claimed the vehicle; or
    1. the vehicle is released under section 96(6) or (6A), 96AAA(3) or (4), or 96AAB(4) or (5); or
      1. in the case of a vehicle seized and impounded under section 96AAA, the registered person is a person who—
        1. held a security interest in the vehicle before its seizure for impoundment; and
          1. since the impoundment,—
            1. repossessed the vehicle under Part 3A of the Credit Contracts and Consumer Finance Act 2003 or section 109 of the Personal Property Securities Act 1999; and
              1. became the registered person.

            2. The fees and charges referred to in subsection (2) are recoverable from the registered person for the impounded vehicle by the vehicle recovery service operator or storage provider.

            3. The registered person for a motor vehicle impounded under section 96AAA must, within 38 days after the vehicle is seized and impounded,—

            4. pay the fees and charges for towage and storage referred to in subsection (2); or
              1. enter into an arrangement with the vehicle recovery operator and the storage provider for the payment of those fees and charges (for example, an arrangement for payment by instalments).

                1. The fees and charges referred to in subsection (2) are recoverable from the chief executive of the Ministry of Justice by the vehicle recovery service operator or storage provider if an impounded vehicle is seized, confiscated, or forfeited from impoundment under the Summary Proceedings Act 1957 or the Sentencing Act 2002.

                2. The fees and charges referred to in subsection (2) are recoverable from the Commissioner by the vehicle recovery service operator or storage provider if the vehicle is released under—

                3. section 96(6) or (6A), 96AAA(3) or (4), or 96AAB(4) or (5); or
                  1. section 102(3) (unless the ground of appeal is the ground set out in section 102(1)(gb)).

                    1. Subsection (3D) applies to a vehicle recovery service operator or a storage provider who is entitled to recover fees or charges under subsection (3A) or (3B).

                    2. The vehicle recovery operator or storage provider must repay to the registered person any fees or charges previously recovered from that person in relation to the impoundment within 10 working days after becoming aware of the seizure, confiscation, or forfeiture referred to in subsection (3A) or the direction to release under subsection (3B) (as applicable).

                    3. Nothing in subsection (3) limits or affects any rights against the registered person for the vehicle, or in respect of the vehicle, that may be exercised by the vehicle recovery service operator or storage provider.

                    4. A person may not remove or release from storage an impounded motor vehicle, unless allowed to do so under this Act.

                    5. The storage provider must immediately comply with—

                    6. a direction given under this Act to release the vehicle to the registered person (or the owner, if the vehicle is not registered) or a person authorised for the purpose by the registered person (or owner); or
                      1. a warrant to seize property executed by a bailiff or constable under section 94 of the Summary Proceedings Act 1957; or
                        1. a warrant of confiscation under section 132 of the Sentencing Act 2002 executed by a Registrar, bailiff, or constable; or
                          1. an order of forfeiture made under section 142AAB of the Sentencing Act 2002.

                            1. The Commissioner, the chief executive of the Ministry of Justice, or a Registrar, or an enforcement officer authorised for the purpose by the Commissioner, may enter into such arrangements with vehicle recovery service operators and storage providers as they think necessary for the purposes of this section.

                            2. For the purposes of subsection (7), Registrar means any Registrar of the High Court or of the District Court, as the case may require, and includes a Deputy Registrar.

                            Notes
                            • Section 97 heading: amended, on , by section 15(1) of the Land Transport (Road Safety) Amendment Act 2023 (2023 No 62).
                            • Section 97(1): amended, on , by section 15(2) of the Land Transport (Road Safety) Amendment Act 2023 (2023 No 62).
                            • Section 97(2): amended, on , by section 15(3) of the Land Transport (Road Safety) Amendment Act 2023 (2023 No 62).
                            • Section 97(2A): replaced, on , by section 15(4) of the Land Transport (Road Safety) Amendment Act 2023 (2023 No 62).
                            • Section 97(3): amended, on , by section 15(3) of the Land Transport (Road Safety) Amendment Act 2023 (2023 No 62).
                            • Section 97(3AAA): inserted, on , by section 15(5) of the Land Transport (Road Safety) Amendment Act 2023 (2023 No 62).
                            • Section 97(3A): inserted, on , by section 24(2) of the Land Transport (Enforcement Powers) Amendment Act 2009 (2009 No 36).
                            • Section 97(3A): amended, on , by section 15(6) of the Land Transport (Road Safety) Amendment Act 2023 (2023 No 62).
                            • Section 97(3B): inserted, on , by section 15(7) of the Land Transport (Road Safety) Amendment Act 2023 (2023 No 62).
                            • Section 97(3C): inserted, on , by section 15(7) of the Land Transport (Road Safety) Amendment Act 2023 (2023 No 62).
                            • Section 97(3D): inserted, on , by section 15(7) of the Land Transport (Road Safety) Amendment Act 2023 (2023 No 62).
                            • Section 97(4): amended, on , by section 15(8) of the Land Transport (Road Safety) Amendment Act 2023 (2023 No 62).
                            • Section 97(6): substituted, on , by section 24(3) of the Land Transport (Enforcement Powers) Amendment Act 2009 (2009 No 36).
                            • Section 97(6)(a): amended, on , by section 15(9) of the Land Transport (Road Safety) Amendment Act 2023 (2023 No 62).
                            • Section 97(6)(d): inserted, on , by section 15(10) of the Land Transport (Road Safety) Amendment Act 2023 (2023 No 62).
                            • Section 97(7): amended, on , by section 15(11) of the Land Transport (Road Safety) Amendment Act 2023 (2023 No 62).
                            • Section 97(7): amended, on , by section 24(4) of the Land Transport (Enforcement Powers) Amendment Act 2009 (2009 No 36).
                            • Section 97(8): added, on , by section 24(5) of the Land Transport (Enforcement Powers) Amendment Act 2009 (2009 No 36).
                            • Section 97(8): amended, on , by section 261 of the District Court Act 2016 (2016 No 49).