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1. 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...

2. 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...

3. 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...

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

   ...circumstances an owner of a car who parks on that land and does not comply with those conditions may be deemed to have taken the risk of becoming subject to those consequences. He or she cannot then complain about the interference by the wheel clamping owner or its agent with the car. Any consequences must however be as published and reasonable. [8] I find in this case that I have not been provided with any evidence relating to the authority of the wheel clamping respon...

5. 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...

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

   ...continued to clamp cars since the hearing into the complaint. In addition, police have received no further complaints about Mr Wood’s conduct. While no other significant concerns were raised some of the businesses in the area where Mr Wood had clamped cars commented on his overzealous approach to the clamping of vehicles. [6] CIPU also note that Mr Wood keeps no records of the cars he clamps and there is no record of invoices or receipts being issued. CIPU consider Mr Wood needs...

7. 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...

8. 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...

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. 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...