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Land Transport Act 1998

Disqualification, demerit points, licence suspension, and vehicle impoundment - Impoundment of vehicles

96AAA: Impoundment of motor vehicle used in offence of failing to stop, etc

You could also call this:

“Police can take your car if you don't stop when told”

You should know about a law that allows police officers to take away a car for six months in certain situations. This can happen if the officer thinks the driver didn’t stop when they were supposed to, as required by the law. The officer can only take the car if it’s not stolen, hasn’t been illegally modified, isn’t a write-off, and isn’t badly damaged.

If a car is taken away like this, some other rules apply, just as if the car was taken for other reasons. The police have to follow certain steps, like giving notice to the owner.

The car can be given back if the police decide not to charge anyone, or if someone is charged but found not guilty. It can also be returned if it hasn’t been seized for other reasons or taken away as part of a punishment.

The car might be given back to you if you weren’t the person driving when it didn’t stop, and you’ve given the police the information they asked for about who was driving.

The car will be returned to the person who hired it if it was rented. If it wasn’t rented, it goes back to the registered owner. If the car isn’t registered, it goes to the person the officer believes owns it.

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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=LMS941145.

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96: Vehicle seized and impounded for 28 days in certain circumstances, or

"Police can take your car away for 28 days if you break certain driving rules"

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96AAB: Impoundment of motor vehicle for failure to give information about offence of failing to stop, etc, or

"Police can take your car if you don't tell them about someone not stopping for them"

Part 7 Disqualification, demerit points, licence suspension, and vehicle impoundment
Impoundment of vehicles

96AAAImpoundment of motor vehicle used in offence of failing to stop, etc

  1. An enforcement officer may seize and impound, or seize and authorise the impoundment of, a motor vehicle for 6 months if the officer believes on reasonable grounds that—

  2. the person driving the vehicle has failed to stop (or remain stopped) as signalled, requested, or required under section 114 (see section 52A(1)(a) and (b) for the offence); and
    1. the vehicle—
      1. is not a stolen vehicle; and
        1. has not been converted; and
          1. is not a write-off; and
            1. has not suffered severe damage.

            2. If an enforcement officer seizes and impounds, or seizes and authorises the impoundment of, a vehicle under this section, the following provisions apply, with any necessary modifications, as if the vehicle were seized and impounded under section 96:

            3. section 96(2) to (4A), (7), and (8):
              1. section 97:
                1. section 98.

                  1. A vehicle to which this section applies and a notice under section 96(2) relates must be released to the relevant person specified in subsection (5) if—

                  2. the Police have decided not to take any of the following proceedings (or proceedings have been taken and the person against whom they are taken is acquitted):
                    1. proceedings against the driver who failed to stop (or remain stopped) (see section 52A(1)(a) or (b) for the offence):
                      1. proceedings against the registered person for, or hirer of, the motor vehicle who, without reasonable excuse, failed or refused to provide information or provided false or misleading information in response to a request under section 118(4) (see section 52(6) for the offence); and
                      2. the vehicle has not been—
                        1. released; or
                          1. seized under the Summary Proceedings Act 1957; or
                            1. confiscated under the Sentencing Act 2002.

                            2. A vehicle to which this section applies and a notice under section 96(2) relates may be released to the relevant person specified in subsection (5) if that person—

                            3. was not the person driving the vehicle when the vehicle failed to stop (or remain stopped); and
                              1. has provided the information requested under section 118(4).

                                1. For the purposes of subsections (3) and (4), the relevant person is,—

                                2. if the vehicle is registered,—
                                  1. the hirer (if any) of the vehicle; or
                                    1. otherwise, the registered person for the vehicle; or
                                    2. if the vehicle is not registered, a person who the enforcement officer is satisfied is the owner of the vehicle.

                                      Notes
                                      • Section 96AAA: inserted, on , by section 13 of the Land Transport (Road Safety) Amendment Act 2023 (2023 No 62).