New Zealand Legislation: Acts

123 Enforcement officer may seize and impound vehicle for up to 7 days where serious accident or hit and run offence or for failure to stop

• (1) An enforcement officer may seize and impound a motor vehicle for such period (which may not exceed 7 days) as is necessary to preserve evidence (or to enable a scientific examination of evidence) or to establish the cause of a serious traffic accident, if the officer believes on reasonable grounds that—

  • (a) the vehicle has been involved in a serious traffic accident or a hit and run offence; or

  • (b) the driver has failed to stop in contravention of a signal or request made under section 114(1) or (2).

  (2) Section 96(4) and section 97 (other than subsections (2) to (4)) (which set out requirements and rights relating to the seizure and impoundment of vehicles) apply, with any necessary modifications, to the seizure and impoundment of a vehicle under this section as if the vehicle were being seized under section 96.

  (3) A commissioned officer of Police may from time to time, after giving notice in writing to the registered owner of the vehicle, apply to a District Court Judge for an order extending the period for which a vehicle has been impounded under this section; and a District Court Judge may order that the vehicle be impounded for a further period not exceeding 7 days as the Judge thinks fit and may from time to time renew any extension ordered under this subsection.

  (4) For the purposes of this section,—

  hit and run offence means an offence against this Act or the Crimes Act 1961 involving an event in which a person is struck by a motor vehicle and injured or killed as a result, where the driver fails to comply with his or her duties under section 22

  serious traffic accident means an accident involving a vehicle that results in an injury to or the death of a person.