Land Transport (Wheel Clamping) Amendment Act 2019

1: Title
This Act is the Land Transport (Wheel Clamping) Amendment Act 2019.
2: Commencement
This Act comes into force on the 42nd day after the date on which it receives the Royal assent.
3: Principal Act
This Act amends the Land Transport Act 1998 principal Act 2020-01-02 Land Transport Act 1998
4: New Part 7A inserted
After section 98B
7A: Immobilising devices applied to parked motor vehicles
98C: Interpretation
In this Part,— immobilising device operator parking place prescribed amount section 167(1)﻿(md)
98D: Immobilising devices applied to parked motor vehicles
1: This section applies if an operator applies an immobilising device to a motor vehicle parked in a parking place, unless—
a: the parking place is on a road under the control of an enforcement authority who may issue infringement notices for parking offences under this Act; or
b: the operator’s actions are authorised by or under an enactment.
2: The operator—
a: must not require the person in charge of the motor vehicle to pay a fee (relating to the removal of the immobilising device or any other matter) that exceeds the prescribed amount; and
b: may require the fee to be paid before the immobilising device is removed; and
c: must, when requested by the person in charge of the motor vehicle, remove, or arrange for the removal of, the immobilising device—
i: as soon as is reasonably practicable after the fee is paid; or
ii: if there is no fee, at the direction of the person in charge of the motor vehicle.
3: The operator must be reasonably available to respond to a request by the person in charge of the motor vehicle relating to the removal of the immobilising device.
4: A person who contravenes subsection (2)﻿(a) or (c)
5: If the operator fails to comply with subsection (2)﻿(c) subsection (3)
a: may remove or arrange for the removal of the immobilising device from the motor vehicle; and
b: is not under any civil or criminal liability for the removal if it causes as little damage to the immobilising device as is reasonably possible.
6: This section does not of itself authorise an operator to apply an immobilising device to a motor vehicle parked in a parking place.
98E: Enforcement of section 98D and related matters
1: For the purpose of enforcing section 98D
a: direct an operator to remove an immobilising device from a motor vehicle within a specified time; and
b: remove an immobilising device from a motor vehicle or arrange for its removal.
2: A person may enter and remain in a parking place for the purpose of removing an immobilising device from a motor vehicle if an enforcement officer or the person in charge of the motor vehicle has arranged in accordance with this section or section 98D
3: In considering whether an operator has complied with section 98D(3)
4: To avoid doubt, section 98D(4)
5: In any proceedings before a Disputes Tribunal where an operator claims an amount in respect of a dispute to which section 98D
6: Nothing in subsection (5)
5: Section 116 amended (Enforcement of directions)
In section 116(1) 113 or section 115 98E
6: Section 167 amended (Regulations)
After section 167(1)﻿(mc)
md: prescribing, for the purpose of section 98D(2)﻿(a)
me: prescribing criteria for the purpose of considering whether an operator has complied with section 98D(3)