New Zealand Legislation: Acts
Acts are laws made by Parliament
(1) A motor vehicle seized and impounded under section 96 must be stored where the enforcement officer directs.
(2) The owner of the impounded vehicle is liable to pay the fees and charges for towage and storage that are prescribed or assessed in the manner specified by regulations made under section 167.
(2A) For the purposes of subsection (2), owner, in relation to an impounded vehicle, means the person who is the registered person in respect of the vehicle at the time that the vehicle is impounded.
(3) The fees and charges referred to in subsection (2) are recoverable from the owner of the impounded vehicle by the vehicle recovery service operator or storage provider.
(3A) The fees and charges referred to in subsection (2) are recoverable from the chief executive of the Ministry of Justice by the vehicle recovery service operator or storage provider if an impounded vehicle is seized or confiscated from impoundment under the Summary Proceedings Act 1957 or the Sentencing Act 2002.
(4) Nothing in subsection (3) limits or affects any rights against the owner of the vehicle, or in respect of the vehicle, that may be exercised by the vehicle recovery service operator or storage provider.
(5) A person may not remove or release from storage an impounded motor vehicle, unless allowed to do so under this Act.
(6) The storage provider must immediately comply with—
(a) a direction given under this Act to release the vehicle to the owner or a person authorised for the purpose by the owner; or
(b) a warrant to seize property executed by a bailiff or constable under section 94 of the Summary Proceedings Act 1957; or
(c) a warrant of confiscation under section 132 of the Sentencing Act 2002 executed by a Registrar, bailiff, or constable.
(7) The Commissioner, the chief executive of the Ministry of Justice, or a Registrar, or an enforcement officer authorised for the purpose by the Commissioner, may enter into such arrangements with vehicle recovery service operators and storage providers as he or she thinks necessary for the purposes of this section.
(8) For the purposes of subsection (7), Registrar means any Registrar of the High Court or of a District Court, as the case may require, and includes a Deputy Registrar.
Section 97(2A): inserted, on 10 May 2011, by section 61 of the Land Transport (Road Safety and Other Matters) Amendment Act 2011 (2011 No 13).
Section 97(3): amended, on 1 December 2009, by section 24(1) of the Land Transport (Enforcement Powers) Amendment Act 2009 (2009 No 36).
Section 97(3A): inserted, on 1 December 2009, by section 24(2) of the Land Transport (Enforcement Powers) Amendment Act 2009 (2009 No 36).
Section 97(6): substituted, on 1 December 2009, by section 24(3) of the Land Transport (Enforcement Powers) Amendment Act 2009 (2009 No 36).
Section 97(7): amended, on 1 December 2009, by section 24(4) of the Land Transport (Enforcement Powers) Amendment Act 2009 (2009 No 36).
Section 97(8): added, on 1 December 2009, by section 24(5) of the Land Transport (Enforcement Powers) Amendment Act 2009 (2009 No 36).
