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Land Transport Act 1998

Mitigation of penalties and rights of appeal - Rights of appeal

110: Appeal against refusal of Police to direct release of impounded vehicle

You could also call this:

“You can ask a judge to look again if the police won't give back your taken-away car”

If you’re unhappy with a police officer’s decision not to release your impounded vehicle, you can appeal to the District Court. You need to do this based on the same reasons you used when you first asked the police to release your vehicle.

If you missed the deadline to appeal to the police, you might still be able to appeal to the District Court if a police officer agrees. The officer might agree if there were special reasons why you couldn’t appeal on time.

When the court looks at your appeal, they can only consider the reasons allowed by the law. They can’t look at any other reasons.

The court can do one of two things:

  1. They can order your vehicle to be released right away. If the police had said your vehicle didn’t meet certain rules, the court can cancel that decision unless they agree with the police.

  2. They can say no to your appeal.

Remember, these are your rights when it comes to appealing about your impounded vehicle. The court is there to make sure the right decision is made.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM435089.

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"How to appeal a decision made under this Act in the District Court"

Part 8 Mitigation of penalties and rights of appeal
Rights of appeal

110Appeal against refusal of Police to direct release of impounded vehicle

  1. A person who unsuccessfully appeals to an enforcement officer under section 102 may, on any grounds set out in subsection (1) of that section, appeal to the District Court against the decision under that section.

  2. If a person fails to lodge an appeal under section 102 within the time specified, the person may, if an enforcement officer agrees, appeal to the District Court.

  3. An enforcement officer may agree in writing to an appeal under subsection (1A) if the enforcement officer is satisfied that there are exceptional circumstances that prevented the filing of the appeal within the time specified under section 102(2).

  4. The court must determine the appeal on 1 or more of the applicable grounds set out in subsection (1) or subsection (5) of section 102 and may not consider any other grounds.

  5. The court may—

  6. make an order—
    1. directing that the vehicle be released immediately to the person, in which case that direction has effect as if it had been made under section 102 by the authorised enforcement officer; and
      1. if an enforcement officer has given a direction in respect of the vehicle under section 96(1B), cancelling that direction unless the court is satisfied that the vehicle does not comply with the provisions of the regulations or the rules; or
      2. dismiss the appeal.

        Notes
        • Section 110(1): amended, on , by section 261 of the District Court Act 2016 (2016 No 49).
        • Section 110(1A): inserted, on , by section 28 of the Land Transport (Enforcement Powers) Amendment Act 2009 (2009 No 36).
        • Section 110(1A): amended, on , by section 261 of the District Court Act 2016 (2016 No 49).
        • Section 110(1B): inserted, on , by section 28 of the Land Transport (Enforcement Powers) Amendment Act 2009 (2009 No 36).
        • Section 110(2): amended, on , by section 10(1) of the Land Transport (Unauthorised Street and Drag Racing) Amendment Act 2003 (2003 No 11).
        • Section 110(3): substituted, on , by section 10(2) of the Land Transport (Unauthorised Street and Drag Racing) Amendment Act 2003 (2003 No 11).