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Disputing a tow: What to do if your car is wrongfully towed

Key Takeaway

If your car is towed in New Zealand, understand the legal grounds for towing by authorities or private entities. Gather evidence, pay to release the vehicle, and then dispute the tow if you believe it was wrongful, either through infringement review processes or by approaching the Disputes Tribunal for private tow matters. Always cite relevant legislation.

Disputing a Wrongful Tow in New Zealand

Having a vehicle towed can be a stressful experience. In New Zealand, specific legal rules govern when and how a vehicle can be towed, and what options are available if you believe your vehicle was wrongfully removed. This article outlines the key legal rules, rights, and obligations concerning vehicle towing.

Who Can Legally Tow a Vehicle?

Various entities have the power to tow vehicles under New Zealand law, depending on the circumstances:

  • Police Officers: Police officers can direct a vehicle to be removed or impounded under certain circumstances, such as if the vehicle is causing an obstruction or hazard, is unsafe, or if the driver has committed certain offences [Source: Land Transport Act 1998, s 113A, s 115, s 115A].
  • Local Authorities (Councils): Local authorities (also known as councils) can authorise the towing of vehicles parked in breach of parking bylaws or road user rules within their jurisdiction [Source: Land Transport Act 1998, s 113A; Local Government Act 2002, s 145]. Councils often delegate this power to parking enforcement officers and contracted towing companies.
  • Private Property Owners/Managers: The ability of private property owners or managers to have a vehicle towed from their property is more restricted. Generally, clear and prominent signage must be displayed indicating that unauthorised vehicles will be towed, and the owner must have a clear contractual basis or specific statutory authority (e.g., under airport authority regulations) to do so. Towing from private property without such authorisation can sometimes lead to disputes regarding the legality of the tow itself.

Common Reasons for Towing and Grounds for Dispute

Vehicles are typically towed for one of the following reasons:

  • Parking Infringements: This is the most common reason for towing. A vehicle may be towed if it is illegally parked, for example, in a no-stopping zone, on a clearway, blocking an entrance, or exceeding a time limit [Source: Land Transport (Road User) Rule 2004, various rules, e.g., Rule 6.14, 6.15, 6.16]. A tow may be considered wrongful if the vehicle was, in fact, legally parked or if signage indicating parking restrictions was inadequate or absent.
  • Obstruction or Hazard: Vehicles causing an obstruction or hazard to other road users or pedestrians can be towed [Source: Land Transport Act 1998, s 113A]. This includes vehicles broken down in dangerous locations or blocking public access.
  • Impoundment: Police can impound vehicles for specific driver offences, such as driving while disqualified, repeat drink-driving offences, or driving without a valid license [Source: Land Transport Act 1998, s 115A-115L]. Impoundment is a legal enforcement action and is distinct from a wrongful tow based on parking or obstruction.
  • Private Property Towing: Vehicles parked on private land without permission may be towed. The legality of such a tow often hinges on the clarity of signage, the property owner's authority, and whether the vehicle was genuinely unauthorised. If a vehicle owner can demonstrate they had permission or that the signage was insufficient, the tow may be disputed.

What to Do if Your Vehicle is Towed

If you discover your vehicle has been towed, taking immediate steps can help in resolving the situation and preparing a dispute, if necessary:

  1. Locate Your Vehicle: Contact local police (non-emergency number) or your local council to determine where your vehicle was taken. Towing companies are generally required to inform authorities of towed vehicles.
  2. Gather Evidence: Document the scene where your vehicle was towed from. Take photos or videos of the parking location, any signage (or lack thereof), road markings, and the surrounding area. Note the date and time.
  3. Pay to Release Your Vehicle: While it may seem unfair, it is generally advisable to pay the towing and storage fees to retrieve your vehicle as soon as possible. This is because storage fees accumulate daily, increasing your overall costs. You can often pay the fees 'under protest' to preserve your right to dispute the charges later. This means you are paying to mitigate further loss, not admitting the legality of the tow.

Disputing a Potentially Wrongful Tow

The process for disputing a tow depends on who authorised it:

  • Disputing a Council or Police Tow:
    • Challenge the Infringement Notice: If the tow resulted from a parking infringement, the primary step is to dispute the infringement notice (parking ticket). You can request an explanation from the issuing authority (council or police). If the explanation is unsatisfactory, you can elect to have the matter heard in court [Source: Land Transport Act 1998, s 139; Land Transport (Offences) Regulations 1999, Reg 6].
    • Appeal to Court: If the infringement is overturned by the court, you may then be able to seek reimbursement for the towing and storage fees. If the infringement stands, it is generally difficult to challenge the associated towing costs, as they are a consequence of the infringement.
  • Disputing a Private Property Tow:
    • Contact the Property Owner/Towing Company: Attempt to resolve the issue directly with the property owner or the towing company. Present your evidence that the tow was wrongful (e.g., proof of permission to park, inadequate signage).
    • Disputes Tribunal: If direct negotiation fails, you may consider applying to the Disputes Tribunal. The Disputes Tribunal is an informal forum for resolving civil disputes up to a certain monetary limit. You can seek to recover the towing and storage fees you paid if you can demonstrate the tow was unlawful or unauthorised [Source: Disputes Tribunal Act 1988, s 11].
  • Damages During Towing: If your vehicle was damaged during the towing process, you may have a claim against the towing company for negligence. This could also be pursued through the Disputes Tribunal [Source: Disputes Tribunal Act 1988, s 11].

When to Seek Independent Legal Advice

Individuals facing complex or high-value disputes regarding wrongful towing are encouraged to seek independent legal advice. Legal professionals, including those at Community Law Centres, can provide guidance on specific legal rights, obligations, and the best course of action based on individual circumstances. This information is general in nature and should not be relied upon as legal advice.

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