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1. BORA Land Transport (Wheel Clamping) Amendment Bill [pdf, 68 KB]

   12 March 2019 Hon David Parker, Attorney-General Consistency with the New Zealand Bill of Rights Act 1990: Land Transport (Wheel Clamping) Amendment Bill Purpose 1. We have considered whether the Land Transport (Wheel Clamping) Amendment Bill (‘the Bill’) is consistent with the rights and freedoms affirmed in the New Zealand Bill of Rights Act 1990 (‘the Bill of Rights Act’). 2. We have not yet received a final version of the Bill. This advice has been prepared in rela...

2. RT Ltd v LC [2020] NZDT 1413 (27 July 2020) [pdf, 193 KB]

   ...RESPONDENT LC SECOND RESPONDENT NC The Tribunal hereby orders: 1. LC is to pay RT Ltd $711.32 on or before 13 August 2020. 2. NC is struck out as a respondent party to the claim. Reasons: 1. RT Ltd operates a wheel clamping and towing business. RT Ltd alleges it clamped a vehicle owned by NC, but driven by LC, in a vehicle park designated for “D” customers and the clamp was removed and left damaged by LC. RT Ltd claims $1414.45. 2. The issues I m...

3. KY v TU Ltd [2019] NZDT 1521 (23 May 2019) [pdf, 201 KB]

   ...the sum of $150.00 to KY on or before Thursday 6 June 2019. Reasons: 1. On 1 March 2019, KY dropped her friend at the [redacted] Embassy at [address]. She parked and followed her friend inside. By the time they returned to the car, it had been clamped by TU Limited and KY had to pay a fee of $150.00 for the car to be released. 2. KY now claims a refund of the $150.00 release fee. 3. KY’s claim is based on the tort of trespass to goods, or alternatively the tort of detinue (deten...

4. AN v ZM Ltd [2012] NZDT 581 (20 January 2012) [pdf, 16 KB]

   ...applicant, AN, on or before 31 January 2012. Facts [1] The applicant states that on 15 November 2011 she parked her car in Z Town. She left the site for a small errand elsewhere before visiting the relevant shops on the property and found her car clamped on her return by the respondent. Her car was released after payment of a charge of $250.00 under invoice [number] Site [number] for “off site parking”. The applicant says that she did not see any signs when entering the parki...

5. BE v TU Ltd [2018] NZDT 1502 (6 December 2018) [pdf, 86 KB]

   ...2018. Reasons: 1. On 11 June 2018, BE visited the [country] Embassy at [address 1]. He parked in space 75, which was one of a line of thirteen or so angle parks to the right-hand side of the driveway as he drove in. Soon afterwards, his car was clamped by TU Limited and he had to pay a fee of $150.00 for the car to be released. 2. BE now claims a refund of the $150.00 release fee, together with his $45.00 filing fee. 3. The relevant law is the tort of trespass to goods. TU does not...

6. 2023 NZPSPLA 088 pdf [pdf, 126 KB]

   ...JOHN WOOD and application by CUSTOM AUTO SERVICES LIMITED for a company licence DECISION Background [1] In August 2023 I found that John Wood contravened ss 23, 66 and 67 of the Act by running a property guarding business (car clamping) without a licence, failing to wear his ID badge in a visible place, failing to produce his COA on request, and not providing details of who he was working for when requested. I therefore concluded that Mr Wood was guilty of misconduct....

7. QX v XN Ltd [2024] NZDT 110 (16 April 2024) [pdf, 207 KB]

   ...evidence to support a finding that the motorhome was not of acceptable quality. This is because the motorhome had not been maintained as a reasonable consumer would expect, and it is possible that if it had been serviced, any problem with the hose clamp would have been detected and damage to the motorhome might have been avoided. 4. The Consumer Guarantees Act 1993 (CGA) provides that a claim may be made against a manufacturer of goods if the goods are not of acceptable quality. The...

8. Judge v Care Park New Zealand Limited [2023] NZHRRT 10 [pdf, 154 KB]

   ...Agreement, Wintec has a significant role in the control of the management of the car park, including issuing the parking permits, the right to waive parking notices (and the corresponding fees) and in a related protocol the approving (or not) the clamping of vehicles in the car park. The clamping protocol requires Care Park to notify Wintec when it clamps a vehicle so Wintec can respond to any queries from the affected parker. In practice, Care Park asks Wintec for approval before clampi...

9. Fines enforcement

   On this page: The court can take money from your income or bank account The court can clamp your car The court can stop you travelling overseas The court can suspend your driver licence You may not be able to get a loan, credit card or hire purchase The court can take action against people and organisations who don’t pay their fines on time. If you owe fines and aren’t paying, any of these actions could be taken against you. A fee of $133 can be added when the court takes enforc...

   Located in:

   1. Fines & payments >
   2. About fines

10. AAE v ZZV [2012] NZDT 32 (18 May 2012) [pdf, 66 KB]

    ...any unauthorised interference with the personal property of another, and includes an unauthorised removal of goods. In the English case of Vine v Waltham Forest London Borough Council [2000] 4 All ER 169 (“Vine”), it was said that the act of clamping the wheel of another person’s car was an act of trespass to that other person’s property, unless it can be shown that the owner has consented to, or willingly assumed, the risk of the car being clamped. I think the same ration...