Land Transport (Requirements for Storage and Towage of Impounded Vehicles) Regulations 1999

Reprint
as at 1 May 2011

Coat of Arms of New Zealand

Land Transport (Requirements for Storage and Towage of Impounded Vehicles) Regulations 1999

(SR 1999/84)

Michael Hardie Boys, Governor-General

Order in Council

At Wellington this 29th day of March 1999

Present:
The Right Hon Jenny Shipley presiding in Council


Note

Changes authorised by section 17C of the Acts and Regulations Publication Act 1989 have been made in this reprint.

A general outline of these changes is set out in the notes at the end of this reprint, together with other explanatory material about this reprint.

These regulations are administered by the Ministry of Transport.


Pursuant to sections 167 and 168 of the Land Transport Act 1998, His Excellency the Governor-General, acting by and with the advice and consent of the Executive Council, makes the following regulations.

Regulations

1 Title and commencement
  • (1) These regulations may be cited as the Land Transport (Requirements for Storage and Towage of Impounded Vehicles) Regulations 1999.

    (2) These regulations come into force on 3 May 1999.

2 Interpretation
  • In these regulations, unless the context otherwise requires,—

    the Act means the Land Transport Act 1998

    approved storage provider means a storage provider with whom the Commissioner or an authorised officer has entered into an arrangement

    approved vehicle recovery service operator means a vehicle recovery service operator with whom the Commissioner or an authorised officer has entered into an arrangement

    arrangement means an arrangement entered into under section 97 of the Act for the purpose of providing for the towage or storage of vehicles seized and impounded under section 96 or section 122 of the Act

    authorised officer means an officer authorised by the Commissioner to enter into an arrangement

    employee means an employee of an approved storage provider or an approved vehicle recovery service operator

    impounded vehicle means any motor vehicle seized and impounded under section 96, 96A, or 122 of the Act

    public holiday means a day listed as a holiday in section 44 of the Holidays Act 2003

    storage premises means the place or places where impounded vehicles, and any property in or on those vehicles at the time of seizure, that are in the care of an approved storage provider are stored.

    Regulation 2 impounded vehicle: amended, on 1 October 2007, by regulation 4 of the Land Transport (Requirements for Storage and Towage of Impounded Vehicles) Amendment Regulations 2007 (SR 2007/236).

    Regulation 2 public holiday: substituted, on 1 April 2004, by section 91(2) of the Holidays Act 2003 (2003 No 129).

3 Arrangements
  • Every arrangement must include the conditions, requirements, and other provisions specified in regulations 4 to 12.

4 Only certain persons may act
  • (1) A person may act as an approved vehicle recovery service operator only if the person is the holder of a vehicle recovery service licence.

    (2) A person may act as an approved storage provider only if the person is—

    • (a) the holder of a vehicle recovery service licence; or

    • (b) approved by the Commissioner or an authorised officer as a fit and proper person to act in that capacity.

    (3) An employee who is likely, in the course of his or her duties, to have contact with members of the public or access to impounded vehicles may carry out those duties only if the employee is—

    • (a) the holder of a Class N driver licence issued under the Transport (Drivers Licensing) Regulations 1987; or

    • (b) the holder of a Type V (vehicle recovery) endorsement issued under rules made under the Act; or

    • (c) approved by the Commissioner or an authorised officer as a fit and proper person to act in that capacity.

5 Criteria for fit and proper person test
  • In determining whether or not a person is a fit and proper person for the purposes of regulation 4, the Commissioner or an authorised officer may have regard, and may give such relative weight as he or she thinks fit, to the following matters:

    • (a) whether the person is the holder of a transport service licence:

    • (b) the person's relevant criminal history (if any):

    • (c) any offending by the person in respect of transport related offences (including any infringement offences):

    • (d) any complaints made in relation to any transport service provided or operated by the person or in which the person is involved, particularly complaints made by users of the service:

    • (e) any history of persistent failure to pay fines incurred by the person in respect of transport related offences:

    • (f) any other matter that the Commissioner or authorised officer considers reasonable to take into account in the public interest.

6 Security
  • (1) An approved storage provider must ensure that impounded vehicles, and personal property in or on them at the time of seizure, that are in the care of the provider are stored in secure storage premises that are inspected from time to time in the course of each day.

    (2) An approved storage provider must provide such other measures as, in the opinion of the Commissioner or any authorised officer, are necessary in order to provide an adequate level of security for impounded vehicles and personal property carried in or on them at the time of seizure that are in the care of the provider.

7 Access to storage premises
  • An approved storage provider must ensure that—

    • (a) constables and approved vehicle recovery service operators can gain access to storage premises at any time; and

    • (b) members of the public can gain access to storage premises—

      • (i) between the hours of 8 am and 6 pm on every day other than a Saturday, Sunday, or public holiday:

      • (ii) between the hours of 9 am and 1 pm on every Saturday that is not a public holiday.

    Regulation 7(a): amended, on 1 October 2008, pursuant to section 116(a)(ii) of the Policing Act 2008 (2008 No 72).

8 Insurance
  • An approved storage provider must ensure that adequate insurance cover is provided for any loss of or from, or damage to, an impounded vehicle or any property in or on the vehicle at the time of seizure that occurs while the vehicle or property is in the care of the provider.

9 Proper care
  • All reasonable steps must be taken to prevent loss of or from, or damage to, an impounded vehicle or any property in or on the vehicle at the time of seizure, by the following persons:

    • (a) the approved storage provider in whose care the impounded vehicle or property is:

    • (b) the approved vehicle recovery service operator who undertakes the towage of the impounded vehicle:

    • (c) every employee who has access to the impounded vehicle or property.

10 Standards of appearance and behaviour
  • Every approved storage provider, approved vehicle recovery service operator, and employee must conduct itself, himself, or herself in an orderly, clean, and civil manner in dealings with members of the public in connection with impounded vehicles.

11 Identification of employees
  • (1) Every employee must identify himself or herself by name on request by any member of the public with whom the employee has dealings in connection with an impounded vehicle.

    (2) An employee may, for the purposes of subclause (1), wear a name tag or other form of identification that includes the employee's name while carrying out his or her duties.

12 Payment arrangements
  • (1) While a vehicle is impounded, an approved storage provider must accept any payment offered on account of any fees and charges owing for the storage of that vehicle.

    (2) For the purposes of section 98(1)(b) of the Act, an approved storage provider must provide the owner of an impounded vehicle who is unable to pay in full the fees or charges owing in respect of that vehicle with the opportunity to make payments by instalment unless the provider considers that the provider would suffer unreasonable prejudice to the provider's financial position as a consequence, having regard to the amount owed and the owner's ability to pay and the need of the storage provider to make a reasonable profit.

    Regulation 12(2): amended, on 1 May 2011, by section 35(5) of the Land Transport Amendment Act 2009 (2009 No 17).

13 Fees payable for fit and proper person test
  • (1) The fee payable to the Commissioner, or an authorised officer by a person who is required to be approved as a fit and proper person under regulation 4(2)(b), is $28.20.

    (2) The fee payable to the Commissioner or an authorised officer by an employer in respect of each employee who is required to be approved as a fit and proper person under regulation 4(3)(c) is $28.20.

    (3) The Commissioner or an authorised officer may waive the fee required to be paid by subclause (1) or subclause (2), or provide for a rebate of that fee, if the Commissioner or officer is satisfied that there are special circumstances applicable to the particular case.

14 Fees to be inclusive of GST
  • The fees prescribed by or assessed under regulation 13 are inclusive of goods and services tax.

Marie Shroff,
Clerk of the Executive Council.


Issued under the authority of the Acts and Regulations Publication Act 1989.

Date of notification in Gazette: 1 April 1999.


Contents

  • 1General

  • 2Status of reprints

  • 3How reprints are prepared

  • 4Changes made under section 17C of the Acts and Regulations Publication Act 1989

  • 5List of amendments incorporated in this reprint (most recent first)


Notes
1 General
  • This is a reprint of the Land Transport (Requirements for Storage and Towage of Impounded Vehicles) Regulations 1999. The reprint incorporates all the amendments to the regulations as at 1 May 2011, as specified in the list of amendments at the end of these notes.

    Relevant provisions of any amending enactments that contain transitional, savings, or application provisions that cannot be compiled in the reprint are also included, after the principal enactment, in chronological order. For more information, see http://www.pco.parliament.govt.nz/reprints/ .

2 Status of reprints
  • Under section 16D of the Acts and Regulations Publication Act 1989, reprints are presumed to correctly state, as at the date of the reprint, the law enacted by the principal enactment and by the amendments to that enactment. This presumption applies even though editorial changes authorised by section 17C of the Acts and Regulations Publication Act 1989 have been made in the reprint.

    This presumption may be rebutted by producing the official volumes of statutes or statutory regulations in which the principal enactment and its amendments are contained.

3 How reprints are prepared
  • A number of editorial conventions are followed in the preparation of reprints. For example, the enacting words are not included in Acts, and provisions that are repealed or revoked are omitted. For a detailed list of the editorial conventions, see http://www.pco.parliament.govt.nz/editorial-conventions/ or Part 8 of the Tables of New Zealand Acts and Ordinances and Statutory Regulations and Deemed Regulations in Force.

4 Changes made under section 17C of the Acts and Regulations Publication Act 1989
  • Section 17C of the Acts and Regulations Publication Act 1989 authorises the making of editorial changes in a reprint as set out in sections 17D and 17E of that Act so that, to the extent permitted, the format and style of the reprinted enactment is consistent with current legislative drafting practice. Changes that would alter the effect of the legislation are not permitted.

    A new format of legislation was introduced on 1 January 2000. Changes to legislative drafting style have also been made since 1997, and are ongoing. To the extent permitted by section 17C of the Acts and Regulations Publication Act 1989, all legislation reprinted after 1 January 2000 is in the new format for legislation and reflects current drafting practice at the time of the reprint.

    In outline, the editorial changes made in reprints under the authority of section 17C of the Acts and Regulations Publication Act 1989 are set out below, and they have been applied, where relevant, in the preparation of this reprint:

    • omission of unnecessary referential words (such as of this section and of this Act)

    • typeface and type size (Times Roman, generally in 11.5 point)

    • layout of provisions, including:

      • indentation

      • position of section headings (eg, the number and heading now appear above the section)

    • format of definitions (eg, the defined term now appears in bold type, without quotation marks)

    • format of dates (eg, a date formerly expressed as the 1st day of January 1999 is now expressed as 1 January 1999)

    • position of the date of assent (it now appears on the front page of each Act)

    • punctuation (eg, colons are not used after definitions)

    • Parts numbered with roman numerals are replaced with arabic numerals, and all cross-references are changed accordingly

    • case and appearance of letters and words, including:

      • format of headings (eg, headings where each word formerly appeared with an initial capital letter followed by small capital letters are amended so that the heading appears in bold, with only the first word (and any proper nouns) appearing with an initial capital letter)

      • small capital letters in section and subsection references are now capital letters

    • schedules are renumbered (eg, Schedule 1 replaces First Schedule), and all cross-references are changed accordingly

    • running heads (the information that appears at the top of each page)

    • format of two-column schedules of consequential amendments, and schedules of repeals (eg, they are rearranged into alphabetical order, rather than chronological).

5 List of amendments incorporated in this reprint (most recent first)