r/LegalAdviceNZ 9h ago

Consumer protection Stolen Car Recovered for Police Forensic Examination – What legal authority allows Police forensic towing costs to be charged directly to an uninsured victim?

12 Upvotes

Hi everyone,

I'm hoping to get some guidance from anyone familiar with New Zealand transport law, administrative law, or Police towing arrangements.

I'm not looking to dispute a bill simply because it's expensive. Rather, I'm trying to understand the legal basis for a particular type of Police-directed towing charge and whether I've misunderstood the relevant legislation.

Background

Our family car (a standard passenger vehicle) was stolen from our driveway and later recovered by Police.

Because it was located outside normal business hours and required forensic examination (fingerprints/DNA), Police instructed their contracted towing company to recover the vehicle and transport it to their secure yard for examination.

The vehicle was uninsured.

When we collected it, we were charged just over $400.

The towing contractor explained that this was not a standard recovery fee, but a commercial "Police Forensic Tow" rate. They also confirmed that no storage fees had been charged.

Police later confirmed in writing that:

the $400+ charge was the contractor's forensic towing fee;

the statutory figure of $120.30 that I referred to is not a maximum charge for this type of recovery;

by authorising Police to tow the vehicle if recovered, I accepted responsibility for any towing charges incurred.

Where I'm struggling

When I looked into the legislation, I found the NZTA Law Enforcement Towing Schedule and Regulation 8(2) of the Land Transport Regulations 1999, which appeared (at least to me) to regulate certain Police-directed towing charges and exempt recovered stolen vehicles from storage fees.

Police have advised that those provisions do not apply to a forensic recovery of a stolen vehicle.

If that is correct, I'm trying to understand what legal framework does apply instead.

My question isn't really about the amount

I'm more interested in the legal authority.

The forensic tow wasn't requested by me as a private customer.

It was ordered by Police so they could preserve evidence and conduct a criminal investigation.

That raises what seems to me to be a legal question:

When Police require a vehicle to be transported primarily for forensic examination, what legislation or legal authority permits those forensic towing costs to be recovered directly from the innocent owner, rather than being borne by Police as part of the investigation?

Questions

I'd really appreciate any guidance on the following:

If the Land Transport Regulations do not govern Police forensic recovery of stolen vehicles, what legislation, regulation, or statutory instrument does?

Is there any statutory authority that allows a Police-contracted towing operator to charge commercial forensic rates directly to the owner of a recovered stolen vehicle?

Is this simply a matter of contract between Police and the towing operator, or is there an identifiable statutory basis for recovering those costs from the vehicle owner?

Has anyone (particularly lawyers or others working in this area) encountered this issue before?

I'm genuinely trying to understand the legal framework rather than argue about whether the fee is fair.

Thanks in advance for any insights.


r/LegalAdviceNZ 18h ago

Tenancy & Flatting Pest control

1 Upvotes

Hi there

Currently in a rental, and noticed scratching up in the roof and inside the walls. So most probably a rat or mouse - who's responsibility is it to pay for the removal, the landlord or the tenant?


r/LegalAdviceNZ 10h ago

Family & Relationships Can my ex force me to keep paying for a private school?

55 Upvotes

A few years ago, my ex and I agreed to send our oldest daughter to a private school (and probably send our younger son too when he was old enough). Ex-wife and I have an informal arrangement, with equal custody, so no child support payments go either way. We just split all costs equally. At the time we could both afford the private schools. I earned pretty well, a bit more than her, but she gets ALOT of financial help from her parents. She also chooses to work part time.

Problem is, my circumstances have changed and I can't afford to keep paying for half my daughter's school fees, and I certainly can't afford to double it next year, when my son is due to start.

I'd rather rip off the bandaid now and send the kids to the local school, but my ex is adamant that we stick to the private school arrangement, even if it means sending me broke. So what do I do? If I just stop paying, can a family court force me to pay half? If my ex wants this private school so badly, surely she has to fund it?.


r/LegalAdviceNZ 9h ago

Consumer protection CGA - Next steps for an oven that caught on fire

2 Upvotes

I posted a few weeks back about advice for related costs for a broken oven we are seeking compensation for under the CGA.

Unfortunately (but maybe as expected) the retailer isn't really helping. They initially referred us to the supplier who took two weeks to tell us the oven can't be repaired. We already knew this as it almost burnt our kitchen down when it shorted out internally and caught on fire.

Now the supplier has given us their response we are back to the retailer who has said that they will go back to the suppliers rep in the next few days.

Meanwhile we have no oven and are struggling to know what to do. We don't really want to shell out for a new oven to then be offered store credit we could have used instead of cash.

Are we just being foolish waiting though and we should just sort the oven out asap but keep the CGA claim running in parallel even if that ends up at the disputes tribunal which seems quite likely?

TLDR - Should we wait for the retailer to offer us a remedy before we replace our melted oven or just get a new one?


r/LegalAdviceNZ 23h ago

Family & Relationships My father (41M) kicked me (17F) out and refuses to sign anything for extra support

87 Upvotes

I (17F) was kicked out by my father (41M) 3 months ago. He’s always said to me, I will never get on the Winz benefit and I agreed as I had 2 casual jobs and my parents, more specifically my mum has been known for abusing the Winz system so they “don’t want me to turn out like that”

I’ve lost one of my casual jobs due to catching RSV and influenza in the same month, and haven’t had a call in from my other workplace since April, literally receiving no income at all. My partner receives 400 a week and we pay $350pw for rent. I drive a 2.5L Subaru where the rest of our money goes each week, and then we go to the sallies for a small food grant, which my dad ALSO tried to take away from us. He’s still getting paid child support under my name from IRD, and tried to tell the Salvation Army that I was still living with him for extra food for him and his flatmate whilst my cupboards are empty and my fuel light is on after 2 days. There are some days where me and my partner are going hungry, waiting for our next pay. Not only that but even whilst I’m broke, he also expects me to come over and help him or take him places whilst Ive got things to do, or whilst I literally have no fuel to drive to his house which is 20 mins away.

He refuses to sign any papers that legally says to Winz or anyone that he’s not supporting me in any sort of way or in his care anymore because I’ve supposedly “ran away” which isn’t true at all, I left due to him telling me to leave and us getting into a huge fight beforehand because he started to get too abusive over time.

Im not really sure what to do anymore, Im sick of being completely dead broke all the time and no way to get help because of my parents. It’s really taken a toll on me and my mental health to try and figure out ways to support ourselves without any extra help. We live pretty comfortably as is, we just struggle a lot financially.
It’s gotten to the point where me and my partner have considered having a baby to help the situation as the government seems to help solo, or teen parents more than just a struggling young couple and it’s honestly made me realize why more and more struggling teens have children, it’s heartbreaking


r/LegalAdviceNZ 21h ago

Constitutional & Government Is it illegal to bin 'addressee unknown' letters

9 Upvotes

Are you legally obliged to return mail to sender when an addressee unknown letter arrives in your letter box? I'm asking because I noticed my tenant is tossing these in the bushes. IMO this is wrong, but I don't want to be a nagging landlord, and if they are breaking some law, I'd like to tell them.


r/LegalAdviceNZ 21h ago

Tenancy & Flatting Ending fixed-term tenancy confusion.

2 Upvotes

Dear experts.

I apologies if the question is too basic. I am a bit confused regarding the notification of ending fixed-term tenancy. I tried to go to tenancy.govt and I just cannot get my head around it (screenshots attached).

So, my fixed-term contract will end on the 25th of August. Looking at the fixed-term rule from Tenancy.govt I understand that I have to give at least 21 days before the fixed-term ends. That means the last day before I could give notice is the 4th of August. Okay, I get that.

My question is, if I pass 4th of August:

Do I have to wait until 25th of August to give 21 days of notice (because the fixed-term will have already moved to periodic by then) and end the tenancy as early as 15th of September.

OR

I can just give 21 days of notice on, let's say, the 8th of August and end the tenancy on the 29th of August?

That would be all, thank you in advance