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1. 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...

2. 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...

3. 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...

4. 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...

5. 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...

6. 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...

7. X Ltd v EK [2024] NZDT 784 (16 September 2024) [pdf, 110 KB]

   ...and skill. However, there are some aspects that weren’t, these included: a. That the street side deck piles were set out incorrectly and therefore required additional framing to pack out for the cladding. b. Damage to the downpipe and wheel clamp. c. Decking screws being drilled between joists. d. The non removal of piles from the old deck. e. That the street side deck was longer than the plans provided. 9. I find that due to the breakdown in relationships and discussions hel...

8. [2023] NZEmpC 205 Supercity Towing Ltd v Huch [pdf, 216 KB]

   ...required Mr Huch to have and maintain a V endorsement on his driver’s licence. Mr Huch did not obtain the necessary V endorsement. Supercity was still prepared to employ him, however, but as a carpark monitor. In that role, Mr Huch identified and clamped cars that were unlawfully parked. [4] The original employment agreement, prepared for the recovery vehicle operator and driver position, provides: Normal Hours of Work: Forty (40) hours per week less meal breaks. The Hours...

9. ORC outline conditions for surface water takes [pdf, 176 KB]

   ...Conditions X(a) and X(b)) must not exceed [X] cubic metres in each 12-month period, commencing 1 July of any year and ending 30 June of the following year. Condition X: Installation and operation of water meter / datalogger / telemetry a) [where a clamp on meter is to be used – alternative condition needed where a flow rig is to be used] The Consent Holder must, before the first exercise of this consent install an easily accessible straight pipe(s), with no fittings or obstructions...

10. 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...