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

Reprint
as at 1 May 2011

Coat of Arms of New Zealand

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

(SR 1999/85)

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 97, 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 (Storage and Towage Fees for 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

    Commissioner means the Commissioner of Police

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

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

3 Towage fees for impounded vehicles

  • (1) The owner of a motor vehicle that is seized and impounded under section 96, 96A, or 122 of the Act is liable to pay the following towage fee to the vehicle recovery service operator or storage provider:

    • (a) if the motor vehicle has a gross weight of not more than 3 500 kilograms,—

      • (i) a fee not exceeding $52.50, if the towage takes place between the hours of 7 am and 6 pm on any day other than a Saturday, Sunday, or public holiday; or

      • (ii) a fee not exceeding $70, if the towage takes place at any other time; or

    • (b) if the motor vehicle has a gross weight of more than 3 500 kilograms,—

      • (i) a fee not exceeding $130, if the towage takes place between the hours of 7 am and 6 pm on any day other than a Saturday, Sunday, or public holiday; or

      • (ii) a fee not exceeding $200, if the towage takes place at any other time.

    (2) Despite subclause (1), the owner of a motor vehicle that is seized and impounded under section 96, 96A, or 122 of the Act is liable to pay to the vehicle recovery service operator or storage provider a fee not exceeding $3 for each additional kilometre or part of a kilometre that the vehicle is towed in excess of 10 kilometres.

    (3) Despite subclauses (1) and (2), the owner of a motor vehicle, in respect of which a direction for immediate release is issued under section 102(3) or section 110(3) of the Act as a consequence of the establishment of the ground of appeal specified in section 102(1)(b) of the Act, is not liable to pay any towage fee.

    Regulation 3(1): amended, on 1 October 2007, by regulation 4(1) of the Land Transport (Storage and Towage Fees for Impounded Vehicles) Amendment Regulations 2007 (SR 2007/235).

    Regulation 3(1)(a)(i): amended, on 5 August 2004, by regulation 4(1) of the Land Transport (Storage and Towage Fees for Impounded Vehicles) Amendment Regulations 2004 (SR 2004/206).

    Regulation 3(1)(a)(ii): amended, on 5 August 2004, by regulation 4(2) of the Land Transport (Storage and Towage Fees for Impounded Vehicles) Amendment Regulations 2004 (SR 2004/206).

    Regulation 3(1)(b)(i): amended, on 5 August 2004, by regulation 4(3) of the Land Transport (Storage and Towage Fees for Impounded Vehicles) Amendment Regulations 2004 (SR 2004/206).

    Regulation 3(1)(b)(ii): amended, on 5 August 2004, by regulation 4(4) of the Land Transport (Storage and Towage Fees for Impounded Vehicles) Amendment Regulations 2004 (SR 2004/206).

    Regulation 3(2): amended, on 1 October 2007, by regulation 4(2) of the Land Transport (Storage and Towage Fees for Impounded Vehicles) Amendment Regulations 2007 (SR 2007/235).

4 Storage fees for impounded vehicles

  • (1) The owner of a motor vehicle that is seized and impounded under section 96, 96A, or 122 of the Act is liable to pay the following storage fee to the vehicle recovery service operator or storage provider:

    • (a) in the case of a vehicle with a gross weight of not more than 3 500 kilograms, a fee not exceeding $12 per day; or

    • (b) in the case of a vehicle with a gross weight of more than 3 500 kilograms, a fee not exceeding $28 per day.

    (2) Despite subclause (1), no storage fee is payable by the owner of a motor vehicle seized and impounded under section 96 or 96A of the Act for storage of the vehicle during the first 3 days of its storage.

    (3) Despite subclause (1), the owner of a motor vehicle, in respect of which a direction for immediate release is issued under section 102(3) or section 110(3) of the Act as a consequence of the establishment of one of the grounds of appeal specified in section 102(1)(a) or section 102(1)(b) of the Act, is not liable to pay any storage fee.

    Regulation 4(1): amended, on 1 October 2007, by regulation 5(1) of the Land Transport (Storage and Towage Fees for Impounded Vehicles) Amendment Regulations 2007 (SR 2007/235).

    Regulation 4(2): amended, on 1 October 2007, by regulation 5(2) of the Land Transport (Storage and Towage Fees for Impounded Vehicles) Amendment Regulations 2007 (SR 2007/235).

5 Penalty for late payments

  • (1) If the owner, or a person authorised by the owner, of an impounded vehicle enters into an arrangement under section 98(1)(b) of the Act to make payments for fees owing for towage and storage by instalment, a penalty may be imposed for the late payment of any instalment by the person with whom the arrangement has been entered.

    (2) The amount of any penalty imposed under subclause (1) must not exceed a rate calculated at 11% per annum on the amount of the instalment that is overdue.

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

6 Fees to be inclusive of GST

  • The fees fixed or assessed under these regulations 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 (Storage and Towage Fees for 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 have yet to come into force or that contain relevant transitional or savings provisions are also included, after the principal enactment, in chronological order.

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)