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1. HW v BU Ltd [2023] NZDT 3 (18 January 2023) [pdf, 175 KB]

   ...start date on 4 November 2022. His car was towed a few days after he started using the carpark. 4. I find that the respondent did not have a right to tow the applicant’s car. I say this because: a. The law allows vehicles to be ticketed, clamped or towed if they are on private property without proper authority. If a person does not have authority because they park in the wrong place, they must accept or consent to the risk of ticketing, towing or clamping. However, a party can o...

2. KM v Q Ltd [2023] NZDT 324 (12 January 2023) [pdf, 194 KB]

   ...trespass. The Tribunal has generally found that, where a private parking space is clearly signposted with a warning about the consequences of unauthorised parking, the trespassing driver consents to the risk of parking there. This includes the cost of clamping, towing, or a breach fee. 36. In OX v QT Ltd2 (a case which bears strong similarities to the present case) the applicant directed his son to park in a private carpark in a parking building. The respondent sent out a breach...

3. Māori Trustee v Lidgard - Kapenga H (2014) 97 Waiariki MB 282 (97 WAR 282) [pdf, 142 KB]

   ...Dairy Company, which I understand in this case to be Fonterra Limited. The plant comprises metal pipes, (largely stainless steel) as lines for both milk and vacuum with associated tanks, filters and pumps. The lines are, by and large, attached to clamps attached to metal rods which are themselves welded on to the structure or framing of the cowshed. Parts of the machinery simply rest upon the ground, but one large part is secured into holes in the concrete floor by dyna-bolts. T...

4. 2023 NZPSPLA 054 [pdf, 107 KB]

   ...penalty? Was Mr Wood working in a role which requires him to have a security licence? [5] Mr Wood advises Naki Security is the trading name that his company Custom Auto Services Limited (Custom Auto) uses when he enforces parking time limits and clamping cars at both the Richmond Centre Car Park and one other car park in New Plymouth. Custom Auto has no formal contract to enforce parking, but Mr Wood has a casual understanding with the property managers. Mr Wood charges $100 payab...

5. What happens if you don't pay your fines?

   ...and sold. If you don't pay your fine, the court can issue a warrant to seize and sell your car and other possessions. When a warrant is issued, a court bailiff will visit your address to take possessions to sell. Bailiffs and Police can also seize or clamp your car. This can happen following a visit to your address, but also while your car is in use and parked away from your address. If you have committed traffic offences in someone else's car and the fines are not paid, their car could also be...

   Located in:

   1. Fines & payments >
   2. About fines

6. OIA-Resource Management Act offences [pdf, 281 KB]

   ...first instance, Collection Services will seek payment in full or negotiate sustainable payment arrangements where possible. If payment if not made, the court can take enforcement action, which can include: S9(2)(a) S9(2)(a) S9(2)(a) • clamping vehicles, • seizing and selling property, • making compulsory deductions from a person’s income or bank account, • issuing warrants to arrest, and • preventing a person’s international travel. In some circumstance...

7. OIA-Firearms regulations [pdf, 281 KB]

   ...first instance, Collection Services will seek payment in full or negotiate sustainable payment arrangements where possible. If payment if not made, the court can take enforcement action, which can include: S9(2)(a) S9(2)(a) S9(2)(a) • clamping vehicles, • seizing and selling property, • making compulsory deductions from a person’s income or bank account, • issuing warrants to arrest, and • preventing a person’s international travel. In some circumstance...

8. NT v T Ltd & L Ltd [2023] NZDT 724 (13 December 2023) [pdf, 187 KB]

   ...tow the applicant’s vehicle? 6. NT accepted that he was aware he should have paid for parking and that he did not do so. However, he said that rather than his vehicle being towed, it would have been more appropriate to issue him with a fine or clamp his vehicle. 7. I find that T Ltd was entitled to tow NT’s car. I was provided with a number of photographs showing the signage at the carpark. It seems to me to be perfectly clear to a reasonable CI0301_CIV_DCDT_Order Page...

9. USM v Q Ltd [2022] NZDT 291 (27 September 2022) [pdf, 153 KB]

   ...The Tribunal has generally found that, where a private parking space is clearly signposted with a warning about the consequences of unauthorised parking, the trespassing driver consents to the risk of parking there. This includes the cost of clamping, towing, or a breach fee. It is not necessary to establish a contractual relationship between the parties to make a finding of consent3. 15. In OX v QT Ltd4 (a case which bears strong similarities to the present case) the applicant di...

10. D K Rentals v TL [2022] NZDT 161 (30 September 2022) [pdf, 181 KB]

    ...it to be moved as he had fallen out with the occupant of that property. D&K removed the caravan to its yard and then, at TL’s instruction, to a section at [Address 2]. D&K left the caravan left behind a locked metal fence with a wheel clamp on it. 5. Rent was paid sporadically and then ceased. After many unsuccessful attempts to contact TL, in early June 2022, D&K went to collect the caravan. The caravan was not there and the lock on the metal fence was no longer ther...