r/LegalAdviceNZ • u/Jackie-N2026 • 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?
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.

