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New Zealand law explained for everyone

Land Transport Act 1998

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

98: Release of impounded vehicle

You could also call this:

“How to get your impounded vehicle back”

When a vehicle is impounded, you can get it back after the impoundment period ends. Here’s how:

You need to show proof of who you are and that you have the right to take the vehicle. This could be a notice of seizure, proof of registration, or proof of ownership.

You must pay the fees for towing and storing the vehicle, or make arrangements to pay these fees.

The storage provider must give the vehicle back as soon as these conditions are met.

In some cases, a police officer can let the vehicle go earlier:

  • If it was taken from an unlicensed driver who now has a licence and has paid the fees.
  • If the registered person had a security interest in the vehicle and has repossessed it.

If no one claims the vehicle after 38 days, the storage provider can ask for permission to sell or dispose of it.

Before selling an unclaimed vehicle, the storage provider must check if anyone has a security interest in it and let them know.

The law also covers what happens if the vehicle is seized for other legal reasons, like unpaid fines.

There are different rules for vehicles impounded for 28 days versus those impounded for 6 months.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM435047.

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

98Release of impounded vehicle

  1. On or after the close of the impoundment period, the relevant person specified in subsection (10), or a person authorised for the purpose by the relevant person, or a bailiff or a constable executing a warrant to seize property under section 94 of the Summary Proceedings Act 1957, or a Registrar, bailiff, or constable executing a warrant of confiscation under section 132 of the Sentencing Act 2002, is entitled to remove the vehicle from storage by—

  2. showing the storage provider proof of identity and either,—
    1. in the case of the relevant person specified in subsection (10), or a person authorised for the purpose by the relevant person, either the relevant person’s copy of the notice of acknowledgement of seizure and impoundment or 1 of the following:
      1. if the relevant person is the registered person for the vehicle, proof of registration of the vehicle in their name:
        1. if the relevant person is the owner of the vehicle, proof of ownership of the vehicle; or
        2. in the case of a Registrar, bailiff, or constable, the warrant; and
        3. paying the fees and charges for towage and storage of the vehicle, or entering into an arrangement to pay those fees and charges.

          1. The storage provider is directed to release the vehicle as soon as practicable after subsections (1), (6), and (7) are satisfied.

          2. An enforcement officer authorised for the purpose by the Commissioner may order the release of an impounded vehicle at any time before the close of the impoundment period if—

          3. the vehicle was impounded from an unlicensed driver; and
            1. that person has paid the fees and charges due for towage and storage of the vehicle as at the time of payment and produces their current driver licence to the officer.

              1. In addition to the early release allowed by subsection (3), an enforcement officer authorised for the purpose by the Commissioner may order the release of a vehicle impounded under section 96AAA to the registered person at any time before the close of the impoundment period if the registered person is a person who—

              2. 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. If—

                    3. 38 days have passed since the vehicle was impounded (whether it was impounded for 28 days or 6 months); and
                      1. the relevant person specified in subsection (10), or a person authorised for the purpose by the relevant person, has not claimed the vehicle and has not paid the fees and charges for towage and storage of the vehicle or entered into an arrangement to pay those fees and charges; and
                        1. no other person has, within that period, established to the satisfaction of the authorised officer that the person is entitled to possession of the vehicle,—
                            1. the storage provider may apply to an enforcement officer authorised for the purpose by the Commissioner for approval to dispose of the vehicle, and any personal property found in the vehicle, and may, with the officer's approval, dispose of the vehicle, and any personal property found in the vehicle, on the terms and conditions that the officer thinks fit.

                          1. In making a decision under subsection (4) in relation to a vehicle impounded under section 96AAA (and any personal property found in the vehicle), the enforcement officer must have regard to whether the Police intend to take any of the following proceedings:

                          2. proceedings against the driver of the vehicle who failed to stop (or remain stopped):
                            1. proceedings against the registered person for, or hirer of, the motor vehicle who, without reasonable excuse, failed or refused to provide information or provided false or misleading information in response to a request under section 118(4).

                              1. If the relevant person specified in subsection (10) has lodged an appeal under section 102 or 110, the enforcement officer must not approve the disposal of the vehicle (and any personal property found in it) before the appeal is determined.

                              2. On obtaining approval under subsection (4), the storage provider becomes the owner of the vehicle, and any personal property found in the vehicle, for all purposes.

                              3. However, before disposing of a motor vehicle under subsection (4), a storage provider must—

                              4. search the personal property securities register to identify every person with a security interest in the motor vehicle; and
                                1. notify in writing every person with a security interest in the motor vehicle.

                                  1. Before removing a vehicle under subsection (1), a bailiff or constable executing a warrant to seize property under section 94 of the Summary Proceedings Act 1957, or a Registrar, bailiff, or constable executing a warrant of confiscation under section 132 of the Sentencing Act 2002, must—

                                  2. pay any unpaid fees and charges referred to in section 97(2) related to the vehicle to be removed; or
                                    1. enter into an arrangement with the storage provider for the payment of any unpaid fees and charges that the registered person for the impounded vehicle is liable to pay under section 97(2) in relation to the vehicle to be removed.

                                      1. For the purposes of subsection (6), security interest has the same meaning as in section 17 of the Personal Property Securities Act 1999.

                                      2. Despite anything in subsections (1) to (8),—

                                      3. in the case of a bailiff or constable executing a warrant to seize property under section 94 of the Summary Proceedings Act 1957, the period during which an impounded vehicle may be seized—
                                        1. begins immediately on the expiry of the applicable 14-day appeal period specified in section 102; and
                                          1. ends when—
                                            1. the vehicle is released under subsection (1); or
                                              1. the storage provider becomes the owner of the vehicle under subsection (5):
                                            2. in the case of a Registrar, bailiff, or constable executing a warrant of confiscation under section 132 of the Sentencing Act 2002, the period during which an impounded vehicle may be seized—
                                              1. begins immediately on the impoundment of the vehicle; and
                                                1. ends when—
                                                  1. the vehicle is released under subsection (1); or
                                                    1. the storage provider becomes the owner of the vehicle under subsection (5).

                                                  2. For the purposes of subsections (1) and (4)(b), the relevant person is—

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

                                                      1. In this section, unless the context otherwise requires, impoundment period means,—

                                                      2. for a vehicle impounded under section 96, 96AAB, or 96A, the 28-day period for which the vehicle was impounded:
                                                        1. for a vehicle impounded under section 96AAA, the 6-month period for which the vehicle was impounded.

                                                          Notes
                                                          • Section 98 heading: amended, on , by section 16(1) of the Land Transport (Road Safety) Amendment Act 2023 (2023 No 62).
                                                          • Section 98(1): substituted, on , by section 25(1) of the Land Transport (Enforcement Powers) Amendment Act 2009 (2009 No 36).
                                                          • Section 98(1): amended, on , by section 16(2) of the Land Transport (Road Safety) Amendment Act 2023 (2023 No 62).
                                                          • Section 98(1)(a)(i): replaced, on , by section 16(3) of the Land Transport (Road Safety) Amendment Act 2023 (2023 No 62).
                                                          • Section 98(2): amended, on , by section 25(2) of the Land Transport (Enforcement Powers) Amendment Act 2009 (2009 No 36).
                                                          • Section 98(3): amended, on , by section 16(4) of the Land Transport (Road Safety) Amendment Act 2023 (2023 No 62).
                                                          • Section 98(3)(b): editorial change made by the PCO, on , under sections 86(1) and 87(l)(i) and (iv) of the Legislation Act 2019 (2019 No 58).
                                                          • Section 98(3)(b): amended, on , by section 16(5) of the Land Transport (Road Safety) Amendment Act 2023 (2023 No 62).
                                                          • Section 98(3A): inserted, on , by section 16(6) of the Land Transport (Road Safety) Amendment Act 2023 (2023 No 62).
                                                          • Section 98(4): amended, on , by section 25(3) of the Land Transport (Enforcement Powers) Amendment Act 2009 (2009 No 36).
                                                          • Section 98(4)(a): replaced, on , by section 16(7) of the Land Transport (Road Safety) Amendment Act 2023 (2023 No 62).
                                                          • Section 98(4)(b): amended, on , by section 16(8) of the Land Transport (Road Safety) Amendment Act 2023 (2023 No 62).
                                                          • Section 98(4A): inserted, on , by section 16(9) of the Land Transport (Road Safety) Amendment Act 2023 (2023 No 62).
                                                          • Section 98(4B): inserted, on , by section 16(9) of the Land Transport (Road Safety) Amendment Act 2023 (2023 No 62).
                                                          • Section 98(5): amended, on , by section 25(4) of the Land Transport (Enforcement Powers) Amendment Act 2009 (2009 No 36).
                                                          • Section 98(6): added, on , by section 21 of the Land Transport Amendment Act 2009 (2009 No 17).
                                                          • Section 98(7): added, as section 98(6), on , by section 25(5) of the Land Transport (Enforcement Powers) Amendment Act 2009 (2009 No 36).
                                                          • Section 98(7) subsection number: substituted, on , by section 62(2)(a) of the Land Transport (Road Safety and Other Matters) Amendment Act 2011 (2011 No 13).
                                                          • Section 98(7)(b): amended, on , by section 16(10) of the Land Transport (Road Safety) Amendment Act 2023 (2023 No 62).
                                                          • Section 98(8): added, as section 98(7), on , by section 21 of the Land Transport Amendment Act 2009 (2009 No 17).
                                                          • Section 98(8) subsection number: substituted, on , by section 62(2)(b) of the Land Transport (Road Safety and Other Matters) Amendment Act 2011 (2011 No 13).
                                                          • Section 98(9): added, as section 98(7), on , by section 25(5) of the Land Transport (Enforcement Powers) Amendment Act 2009 (2009 No 36).
                                                          • Section 98(9) subsection number: substituted, on , by section 62(2)(c) of the Land Transport (Road Safety and Other Matters) Amendment Act 2011 (2011 No 13).
                                                          • Section 98(9): amended, on , by section 62(1) of the Land Transport (Road Safety and Other Matters) Amendment Act 2011 (2011 No 13).
                                                          • Section 98(10): inserted, on , by section 16(11) of the Land Transport (Road Safety) Amendment Act 2023 (2023 No 62).
                                                          • Section 98(11): inserted, on , by section 16(11) of the Land Transport (Road Safety) Amendment Act 2023 (2023 No 62).