Part 13: Parking control

Last updated: December 2007. This document ceases to be a controlled document when printed. Please refer to the current version at www.landtransport.govt.nz

2   Responsibilities

Parking provision, for either public or private use, is the responsibility of road controlling authorities (RCAs). Within the TCD Rule, in relation to a road, an RCA:

1. means the authority, body or person having control of the road; and
2. includes a person acting under and within the terms of a delegation or authorisation given by the controlling authority.

These can be either:

• territorial authorities (TAs)
• regional councils
• Transit New Zealand
• other Crown entities that manage and maintain roads (eg Department of Conservation)
• private landowners providing car parks for public use, including supermarkets, hospitals, airports and universities
• private landowners.

An RCA may provide off-street public parking spaces; for instance, in multi-storey car parks for general use subject to a charge or conditions, or private parking spaces for use by specific invitation only.

2.1  Public parking

Public parking is parking controlled by either the local road controlling authority or a private company, that which, subject to the road user meeting the conditions imposed by either organisation, the general public are invited or have a right to use.

2.1.1   Road controlling authorities (RCAs)

RCAs manage on-street parking spaces and may also own and operate off-street public parking facilities. Parking restrictions, prohibitions and fees are typically set by the RCA through bylaws. The bylaws are enforced by RCA-appointed parking enforcement officers who may issue parking notices or impose other forms of penalty, such as the towing away of illegally parked vehicles.

Some off-street parking provided by an RCA may simply be subject to conditions of use (see section 2.1.2).

RCAs in advising road users on parking limitations must comply with the TCD Rule, Transport Act 1962 and Local Government Act 1974 and 2002, as described in section 3.

2.1.2  Private operators

Private operators (who may be considered RCAs with respect to the TCD Rule) may establish and provide parking spaces on land under their direct control for use by general members of the public. Typically, car parking provision is subject to conditions of use, eg parking charges levied on users of the parking space. Private operators (such as universities and supermarkets) cannot make bylaws but are able to enforce their terms of use using their rights as the landowner/occupier. However, it is important the private operator provides clear notice of the terms under which the public may use or, as the case may be, not use the space, and use of signs and markings in the form contained in the TCD Rule would substantially meet this need.

Enforcement of the parking conditions is typically through private agencies that may clamp or tow noncomplying vehicles. There should be a delegated authority between the landowner/occupier and towing firm to allow them to act in towing the vehicle. An agreement should be in place between the tow firm and the Police to provide information in an event of the car being reported stolen. In New Zealand, only the Ministry of Justice may clamp vehicles on a public road where there are unpaid court-imposed fines applying.

2.2  Private parking

Private parking is controlled by private organisations, whereby parking spaces are available to certain users by invitation only. Private parking may be on-street (eg on non-council managed ‘un-adopted’ roads) where the street is a private access to a number of dwellings; or it may be off-street, eg private non-residential parking associated with office blocks or retail outlets. Access to and from private non-residential parking spaces may be controlled by various means, such as barriers at the entrance or exit, or can be restricted to users of the private property (eg parkers are required to shop at a specified retail outlet that owns the parking area).

As with private operators providing public parking, enforcement of the parking conditions is typically through private agencies that may clamp or tow noncompliant vehicles. Similar requirements and agreements between the landowner/occupier and towing firm, as indicated previously, should be in place, and any situations should be appropriately signed.

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