Plain language law

New Zealand law explained for everyone

Land Transport Act 1998

Immobilising devices applied to parked motor vehicles

98D: Immobilising devices applied to parked motor vehicles

You could also call this:

“Rules about putting wheel clamps on parked cars”

This section explains what happens when someone puts a device on your car to stop it from moving when it’s parked. This is called an immobilising device.

If someone puts an immobilising device on your car in a parking place, they have to follow certain rules. These rules don’t apply if the parking place is on a road controlled by authorities who can give parking tickets, or if the person putting the device on is allowed to do so by law.

The person who put the device on your car can’t make you pay more than a set amount to remove it. They can ask for the money before they take it off. When you ask them to remove it, they have to do so as soon as they can after you’ve paid. If there’s no fee, they should remove it when you ask.

The person who put the device on must be available to answer your calls about removing it. If they don’t follow these rules, they might have to pay a fine.

If the person doesn’t remove the device when you ask, or if you can’t reach them after trying hard, you can remove the device yourself. You won’t get in trouble for this if you try not to damage it.

Remember, this law doesn’t mean it’s always okay for someone to put an immobilising device on your car. It just explains what should happen if they do.

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 It might be out of date or be missing some parts.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=LMS303024.

Previous

98C: Interpretation, or

"What important words mean in rules about stopping parked cars"

Next

98E: Enforcement of section 98D and related matters, or

"Rules for putting wheel clamps on cars and how to handle disagreements"

Part 7A Immobilising devices applied to parked motor vehicles

98DImmobilising devices applied to parked motor vehicles

  1. This section applies if an operator applies an immobilising device to a motor vehicle parked in a parking place, unless—

  2. the parking place is on a road under the control of an enforcement authority who may issue infringement notices for parking offences under this Act; or
    1. the operator’s actions are authorised by or under an enactment.

      1. The operator—

      2. must not require the person in charge of the motor vehicle to pay a fee (relating to the removal of the immobilising device or any other matter) that exceeds the prescribed amount; and
        1. may require the fee to be paid before the immobilising device is removed; and
          1. must, when requested by the person in charge of the motor vehicle, remove, or arrange for the removal of, the immobilising device—
            1. as soon as is reasonably practicable after the fee is paid; or
              1. if there is no fee, at the direction of the person in charge of the motor vehicle.

              2. The operator must be reasonably available to respond to a request by the person in charge of the motor vehicle relating to the removal of the immobilising device.

              3. A person who contravenes subsection (2)(a) or (c) commits an offence and is liable on conviction to a fine not exceeding $3,000, in the case of an individual, or $15,000, in the case of a body corporate.

              4. If the operator fails to comply with subsection (2)(c) or fails to comply with subsection (3) after the person in charge of the motor vehicle has made reasonable efforts to contact the operator, the person in charge of the motor vehicle—

              5. may remove or arrange for the removal of the immobilising device from the motor vehicle; and
                1. is not under any civil or criminal liability for the removal if it causes as little damage to the immobilising device as is reasonably possible.

                  1. This section does not of itself authorise an operator to apply an immobilising device to a motor vehicle parked in a parking place.

                  Notes
                  • Section 98D: inserted, on , by section 4 of the Land Transport (Wheel Clamping) Amendment Act 2019 (2019 No 70).