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Land Transport Act 1998

Enforcement of responsibilities - Powers of entry, arrest, immobilisation, and impoundment

123: Enforcement officer may seize and impound vehicle for up to 10 working days in relation to certain offences

You could also call this:

“Police can take your car for up to 10 days if you're in a big accident or don't follow the rules”

An enforcement officer can take your car away for up to 10 working days if they think it’s necessary to keep evidence safe or to find out what caused a serious traffic accident. They can do this if they believe your car was in a serious accident or involved in a hit and run, or if you didn’t stop when they told you to.

The rules about taking cars away and keeping them also apply when an officer takes your car for these reasons. If the police need more time with your car, a high-ranking police officer can ask a judge to let them keep it for up to 10 more working days. They can do this more than once if they need to.

In this law, a hit and run is when someone in a car hits a person, hurting or killing them, and then doesn’t do what they’re supposed to do afterwards. A serious traffic accident is one where someone gets hurt or dies.

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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=DLM435118.

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122: Enforcement officer may seize and impound vehicle for up to 12 hours in emergency, or

"Police can take your car for a day if it's needed to keep everyone safe"

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Part 9 Enforcement of responsibilities
Powers of entry, arrest, immobilisation, and impoundment

123Enforcement officer may seize and impound vehicle for up to 10 working days in relation to certain offences

  1. An enforcement officer may seize and impound a motor vehicle for such period (which may not exceed 10 working days) as is necessary to preserve evidence (or to enable a scientific examination of evidence) or to establish the cause of a serious traffic accident, if the officer believes on reasonable grounds that—

  2. the vehicle has been involved in a serious traffic accident or a hit and run offence; or
    1. a driver has failed to stop (or remain stopped) as signalled, requested, or required under section 114.

      1. Section 96(4) and section 97 (other than subsections (2) to (4)) (which set out requirements and rights relating to the seizure and impoundment of vehicles) apply, with any necessary modifications, to the seizure and impoundment of a vehicle under this section as if the vehicle were being seized under section 96.

      2. A constable who is of or above the level of position of inspector may from time to time, after giving notice in writing to the person registered under Part 17 in respect of the vehicle, apply to a District Court Judge for an order extending the period for which a vehicle has been impounded under this section; and a District Court Judge may order that the vehicle be impounded for a further period not exceeding 10 working days as the Judge thinks fit and may from time to time renew any extension ordered under this subsection.

      3. For the purposes of this section,—

        hit and run offence means an offence against this Act or the Crimes Act 1961 involving an event in which a person is struck by a motor vehicle and injured or killed as a result, where the driver fails to comply with his or her duties under section 22

          serious traffic accident means an accident involving a vehicle that results in an injury to or the death of a person.

          Notes
          • Section 123 heading: amended, on , by section 7(1) of the Regulatory Systems (Transport) Amendment Act 2021 (2021 No 9).
          • Section 123 heading: amended, on , by section 45(1) of the Land Transport Amendment Act 2017 (2017 No 34).
          • Section 123(1): amended, on , by section 7(2) of the Regulatory Systems (Transport) Amendment Act 2021 (2021 No 9).
          • Section 123(1)(b): replaced, on , by section 45(2) of the Land Transport Amendment Act 2017 (2017 No 34).
          • Section 123(3): amended, on , by section 7(2) of the Regulatory Systems (Transport) Amendment Act 2021 (2021 No 9).
          • Section 123(3): amended, on , by section 35(1) of the Land Transport Amendment Act 2009 (2009 No 17).
          • Section 123(3): amended, on , pursuant to section 116(b) of the Policing Act 2008 (2008 No 72).