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Criminal & traffic law

Driving and traffic law

Losing your vehicle: Impounding and Confiscation

Impounding of vehicles in emergencies and serious accidents

Land Transport Act 1998, ss 122, 123ย 

The police can seize and impound a vehicle for up to 12 hours in an emergency involving public safety. They can extend this, if necessary, up to another 12 hours.

The police can also seize and impound a vehicle for up to seven days if itโ€™s been involved in a serious accident or a hit-and-run offence, or if the driver failed to stop for the police. Impounding the vehicle must be necessary to preserve evidence or to allow the evidence to be examined or to establish the cause of a serious accident. The police can apply to the District Court for an order extending the impounding period for another seven days.

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Driving and traffic law

Where to go for more support

Community Law

Your local Community Law Centre can provide you with free initial legal advice.

Find your local Community Law Centre online: www.communitylaw.org.nz/our-law-centres/

For Community Lawโ€™s guide to applying for a limited licence and template application forms: communitylaw.org.nz/resources/legal-letters

Waka Kotahi โ€“ New Zealand Transport Agency

Waka Kotahiโ€™s site provides a wide range of driving and road safety information, including on topics covered in this chapter.

Website:ย www.nzta.govt.nz
Phone:ย 0800 699 000
Email:ย info@nzta.govt.nz

Search your question on Waka Kotahiโ€™s resources section: www.nzta.govt.nz/resources

New Zealand Police

The New Zealand Policeโ€™s โ€œfrequently asked questionsโ€ section provides helpful information, particularly the โ€œDriving/road safetyโ€ and โ€œTickets/infringementsโ€ section.

Website: www.police.govt.nz/advice-and-services/faqs

New Zealand Government

The New Zealand government website sets out more information about driving fines and penalties, including how to pay for infringement notices.

Website: www.govt.nz/browse/transport/driving-fines-and-penalties

Consumer Protection

The Consumer Protection website has useful information on a range of consumer topics, including private parking tickets and the towing and clamping of cars.

Website: www.consumerprotection.govt.nz/help-product-service/cars/parking-clamping-towing

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