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New Zealand law explained for everyone

Land Transport Act 1998

Immobilising devices applied to parked motor vehicles

98E: Enforcement of section 98D and related matters

You could also call this:

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

If you park your car somewhere and someone puts a wheel clamp or another device on it to stop it from moving, there are rules about how this should be handled.

An enforcement officer, like a police officer or parking warden, can stay in the parking area to make sure these rules are followed. They can tell the person who put the device on your car to take it off within a certain time. If needed, the officer can remove the device themselves or get someone else to do it.

If an enforcement officer or the person in charge of the car asks someone to remove the device, that person is allowed to enter the parking area to do so.

There are guidelines to help decide if the person who put the device on the car followed the rules correctly. These guidelines are written in other regulations.

If you have a disagreement about the device being put on your car, you can take it to the Disputes Tribunal. This is a place where small disagreements can be sorted out. However, there’s a limit on how much money the person who put the device on your car can ask for in these cases.

If the device gets damaged when it’s being removed, that can also be discussed at the Disputes Tribunal, and the money limit doesn’t apply to this situation.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS303026.

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98D: Immobilising devices applied to parked motor vehicles, or

"Rules about putting wheel clamps on parked cars"

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Part 7A Immobilising devices applied to parked motor vehicles

98EEnforcement of section 98D and related matters

  1. For the purpose of enforcing section 98D, and without limiting section 113, an enforcement officer may remain in a parking place to—

  2. direct an operator to remove an immobilising device from a motor vehicle within a specified time; and
    1. remove an immobilising device from a motor vehicle or arrange for its removal.

      1. A person may enter and remain in a parking place for the purpose of removing an immobilising device from a motor vehicle if an enforcement officer or the person in charge of the motor vehicle has arranged in accordance with this section or section 98D for the person to remove the device.

      2. In considering whether an operator has complied with section 98D(3) and without limiting the generality of that section, regard must be had to any criteria prescribed in regulations.

      3. To avoid doubt, section 98D(4) does not prevent a matter from being brought before the Disputes Tribunal established under section 4 of the Disputes Tribunal Act 1988 for the exercise of that tribunal’s jurisdiction under that Act.

      4. In any proceedings before a Disputes Tribunal where an operator claims an amount in respect of a dispute to which section 98D applies, no more than the prescribed amount may be claimed.

      5. Nothing in subsection (5) affects proceedings before a Disputes Tribunal relating to any damage caused to an immobilising device as a result of its removal from a motor vehicle.

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