Plain language law

New Zealand law explained for everyone

Land Transport Act 1998

Mitigation of penalties and rights of appeal - Removal of licence suspension and return of impounded vehicles

102: Appeal to Police against impoundment of vehicle

You could also call this:

“How to ask the Police to give back your impounded car”

You can appeal to the Police if your vehicle has been seized and impounded. You can do this if:

Your vehicle was stolen when it was taken.

The officer who took your vehicle didn’t have a good reason to do so or didn’t follow the right steps.

You didn’t know the driver wasn’t allowed to drive, or you tried hard to stop them from driving.

The driver had a serious medical emergency, like taking someone about to give birth to hospital.

If the vehicle was being used for a transport service, you didn’t know the operator wasn’t allowed to run the service.

If your vehicle was taken because it didn’t stop for the Police, you weren’t the driver and either you don’t know who was driving or you’ve already told the Police who was driving.

If taking your vehicle is causing extreme hardship to you or unfair hardship to someone else, and giving it back won’t be unsafe for road users.

To appeal, you need to write down your reasons and give them to the Police within 14 days of your vehicle being taken.

A Police officer will look at your appeal quickly. They’ll decide within 2 working days if you say your vehicle was stolen, or within 5 working days for other reasons.

If the officer agrees with your appeal, they’ll tell the Police to give your vehicle back to you right away. But if they think your appeal isn’t serious or you haven’t given enough information, they might not look at it.

This text is automatically generated. It might be out of date or be missing some parts. Find out more about how we do this.

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=DLM435070.

Previous

101: Appeal to Director against mandatory suspension of driver licence, or

"You can challenge a driver's licence suspension if you think it's not fair"

Next

103: Persons who may apply to court for limited licence, or

"Who can ask the court for permission to drive sometimes after losing their licence"

Part 8 Mitigation of penalties and rights of appeal
Removal of licence suspension and return of impounded vehicles

102Appeal to Police against impoundment of vehicle

  1. A relevant person specified in subsection (6) whose motor vehicle has been seized and impounded under section 96, 96AAA, 96AAB, or 96A may appeal to the Police against the seizure and impoundment on the grounds that—

  2. the impounded vehicle was a stolen or converted vehicle at the time of the seizure and impoundment; or
    1. the enforcement officer who seized the vehicle did not—
      1. have reasonable grounds of belief as required by section 96, 96AAA, 96AAB, or 96A; or
        1. comply with the notice requirements in section 96(2) (including as applied by section 96AAA(2) or 96AAB(3)) or 96A(2) (whichever applies); or
        2. the relevant person did not know and could not reasonably have been expected to know that the driver was not permitted to drive; or
          1. the relevant person took all reasonable steps to prevent the driver from driving the vehicle; or
            1. the driver drove the vehicle in a serious medical emergency (which for the purpose of this paragraph includes carrying a person who is about to give birth); or
              1. if section 96(1AA) or (1A), 96AAA, or 96AAB applies, the relevant person did not know and could not reasonably be expected to know that the operator or hirer of the vehicle would contravene section 22A(1) or (3), 22AF, 114, or 118(4) (whichever applies); or
                1. if section 96(1AA) or (1A), 96AAA, or 96AAB applies, the relevant person took all reasonable steps to prevent the operator or hirer of the vehicle from contravening section 22A(1) or (3), 22AF, 114, or 118(4) (whichever applies); or
                  1. if section 96AAA applies, the relevant person specified in subsection (6)—
                    1. was not the person driving the vehicle when the vehicle failed to stop (or remain stopped); and
                      1. either—
                        1. did not know, and could not reasonably have been expected to know, the identity of the driver; or
                          1. has otherwise provided the information requested under section 118(4); or
                        2. if section 96AAA applies, release of the vehicle to the relevant person is appropriate because—
                          1. the seizure and impoundment of the vehicle have resulted or will result in—
                            1. extreme hardship to the relevant person (whether in relation to employment or otherwise); or
                              1. undue hardship to a person other than the relevant person (whether in relation to employment or otherwise); and
                              2. release of the vehicle is not contrary to the interests of road safety; or
                              3. if section 96A applies, the relevant person did not know, and could not reasonably have been expected to know, that the operator of the transport service in which the vehicle was being used—
                                1. was disqualified from holding a transport service licence; or
                                  1. had the relevant transport service licence suspended or revoked; or
                                    1. did not hold a transport service licence and had previously been forbidden to operate a transport service.

                                    2. An appeal under this section must be set out in a statutory declaration and lodged no later than 14 days after the date on which the vehicle is seized and impounded.

                                    3. An enforcement officer authorised for the purpose by the Commissioner may hear and determine the appeal, and, if satisfied that a ground referred to in subsection (1) has been established,—

                                    4. the authorised officer must direct that the vehicle be released immediately to the relevant person specified in subsection (6) or a person authorised by the relevant person; and
                                      1. if a direction in respect of the vehicle has been given under section 96(1B), the authorised officer must cancel the direction unless they believe on reasonable grounds that the vehicle does not comply with the provisions of the regulations or the rules.

                                        1. The authorised officer must consider and determine the appeal as soon as reasonably practicable, and,—

                                        2. in the case of an appeal lodged on the ground set out in subsection (1)(a), determine the appeal not later than 2 working days after the day of lodgement:
                                          1. in any other case, determine the appeal not later than 5 working days after the day of lodgement.

                                            1. The authorised officer may refuse to consider an appeal under this section if satisfied that the appeal is frivolous or vexatious, or that the appellant has provided insufficient information.

                                            2. For the purposes of subsections (1) and (3)(a), the relevant person is—

                                            3. the registered person for the vehicle, 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.

                                                Notes
                                                • Section 102(1): amended, on , by section 18(1) of the Land Transport (Road Safety) Amendment Act 2023 (2023 No 62).
                                                • Section 102(1)(b): replaced, on , by section 18(2) of the Land Transport (Road Safety) Amendment Act 2023 (2023 No 62).
                                                • Section 102(1)(c): amended, on , by section 18(3) of the Land Transport (Road Safety) Amendment Act 2023 (2023 No 62).
                                                • Section 102(1)(d): amended, on , by section 18(3) of the Land Transport (Road Safety) Amendment Act 2023 (2023 No 62).
                                                • Section 102(1)(e): amended, on , by section 9(1) of the Land Transport (Unauthorised Street and Drag Racing) Amendment Act 2003 (2003 No 11).
                                                • Section 102(1)(f): replaced, on , by section 18(4) of the Land Transport (Road Safety) Amendment Act 2023 (2023 No 62).
                                                • Section 102(1)(g): replaced, on , by section 18(4) of the Land Transport (Road Safety) Amendment Act 2023 (2023 No 62).
                                                • Section 102(1)(ga): inserted, on , by section 43(3) of the Land Transport Amendment Act 2017 (2017 No 34).
                                                • Section 102(1)(ga): amended, on , by section 18(5) of the Land Transport (Road Safety) Amendment Act 2023 (2023 No 62).
                                                • Section 102(1)(gb): inserted, on , by section 18(6) of the Land Transport (Road Safety) Amendment Act 2023 (2023 No 62).
                                                • Section 102(1)(h): added, on , by section 56(3) of the Land Transport Amendment Act 2005 (2005 No 77).
                                                • Section 102(1)(h): amended, on , by section 18(3) of the Land Transport (Road Safety) Amendment Act 2023 (2023 No 62).
                                                • Section 102(2): amended, on , by section 27(3) of the Land Transport (Enforcement Powers) Amendment Act 2009 (2009 No 36).
                                                • Section 102(3): substituted, on , by section 9(2) of the Land Transport (Unauthorised Street and Drag Racing) Amendment Act 2003 (2003 No 11).
                                                • Section 102(3)(a): amended, on , by section 18(7)(a) of the Land Transport (Road Safety) Amendment Act 2023 (2023 No 62).
                                                • Section 102(3)(a): amended, on , by section 18(7)(b) of the Land Transport (Road Safety) Amendment Act 2023 (2023 No 62).
                                                • Section 102(3)(b): amended, on , by section 18(8) of the Land Transport (Road Safety) Amendment Act 2023 (2023 No 62).
                                                • Section 102(6): inserted, on , by section 18(9) of the Land Transport (Road Safety) Amendment Act 2023 (2023 No 62).