Local Government Act 1974

356A Further provision in relation to removal of vehicles from roads

(1)

This section applies in relation to a motor vehicle if—

(a)

the vehicle is found on a road or in a public place within a territorial authority’s district; and

(b)

the vehicle has—

(i)

an evidence of vehicle inspection and a licence label affixed to it, but each document has expired by more than 31 days; or

(ii)

an evidence of vehicle inspection affixed to it that has expired by more than 31 days and no licence label affixed to it; or

(iii)

a licence label affixed to it that has expired by more than 31 days and no evidence of vehicle inspection affixed to it; or

(iv)

neither an evidence of vehicle inspection nor a licence label affixed to it.

(2)

The territorial authority—

(a)

may, or may authorise any person to, remove the vehicle; and

(b)

if it does so, must—

(i)

store it for 10 days (the 10-day period); and

(ii)

during that time, make reasonable efforts to notify the person last registered under Part 17 of the Land Transport Act 1998 in respect of the vehicle—

(A)

that it has removed the vehicle; and

(B)

that the vehicle is in storage; and

(C)

of the territorial authority’s powers under subsection (7).

(3)

However, if the territorial authority is satisfied that the condition of the vehicle is such that it is of little or no value, it may dispose of the vehicle without complying with subsection (2)(b).

(4)

A vehicle must not be removed under this section until a constable has been notified of the proposed removal.

(5)

If a vehicle is claimed by any person lawfully entitled to it before the end of the 10-day period, the territorial authority must release the vehicle to the person.

(6)

Subsection (5) applies only if any costs incurred by the territorial authority for removing and storing the vehicle are first paid.

(7)

If a vehicle is not claimed under subsection (5), the territorial authority may—

(a)

dispose of it (by sale or otherwise) at any time after the 10-day period has expired; and

(b)

recover from the person last registered under Part 17 of the Land Transport Act 1998 in respect of the vehicle any costs incurred by the territorial authority as a result of removing, storing, and disposing of the vehicle (less any amount received on the disposal of it).

(8)

A territorial authority may retain any proceeds from the disposal of a vehicle under this section that—

(a)

are not claimed by the person who owned the vehicle at the time it was disposed of within 12 months of the vehicle’s disposal; and

(b)

are in addition to any costs incurred by the territorial authority for removing, storing, and disposing of the vehicle.

(9)

Any person to whom a vehicle is disposed of under this section becomes the lawful owner of the vehicle.

(10)

Nothing in this section limits or affects anything in section 239 of the Public Works Act 1981.

(11)

For the purposes of this section,—

evidence of vehicle inspection has the meaning given to it in section 2(1) of the Land Transport Act 1998

public place means a place that is—

(a)

under the control of the territorial authority; and

(b)

open to, or being used by, the public, whether or not there is a charge for admission

territorial authority, in relation to a State highway that is under the control of the New Zealand Transport Agency, means the New Zealand Transport Agency.

Section 356A: inserted, on 28 June 2006, by section 5 of the Local Government Act 1974 Amendment Act 2006 (2006 No 27).

Section 356A(2)(b)(ii): amended, on 1 May 2011, by section 35(4) of the Land Transport Amendment Act 2009 (2009 No 17).

Section 356A(4): amended, on 1 October 2008, pursuant to section 116(a)(ii) of the Policing Act 2008 (2008 No 72).

Section 356A(7)(b): amended, on 1 May 2011, by section 35(4) of the Land Transport Amendment Act 2009 (2009 No 17).

Section 356A(11) territorial authority: amended, on 1 August 2008, by section 50(1) of the Land Transport Management Amendment Act 2008 (2008 No 47).