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

3  Legal framework and implications

3.4  Enforcement

With any type of parking regulation, enforcement must be undertaken to effectively manage the parking system. Without ongoing enforcement, road users will become complacent and the measures put in place to manage congestion and parking issues will not be effective.

3.4.1   Legislation and bylaws

Councils have the right to set bylaws under the Transport Act 1962 or Local Government Act 1974 and 2002. A council may appoint parking enforcement officers under section 7 of the Transport Act 1962 and their powers to enforce are given by section 72(1) (k). General parking noncompliance and other restrictions (such as clearways) can also be enforced by the New Zealand Police.

When road users do not comply with the bylaw requirements, parking enforcement officers issue parking offence notices (imposing standard parking fines) and may have the vehicle towed away. In some cases, offences or non-payment of the fine can result in court hearings.

Enforcement of bylaws should lead to better overall compliance of the parking and traffic system. There is a need for appropriate levels of enforcement to ensure fair and effective turnover of limited parking spaces and safe and efficient movement of traffic.

Transit New Zealand typically delegates the enforcement of parking restrictions on the state highway to the TA. Private landowners can transfer control of their parking spaces to the TA but, because of current legal processes, they generally prefer to manage their property using rights as landowner or occupier.

3.4.2  Types of enforcement

There are three main methods for the enforcement of parking controls:

• Parking infringement notices – the most common form of penalty involves authorised parking enforcement officers issuing tickets to those vehicles that have not complied with the parking controls.
• Wheel clamping – involves attaching a clamp to a vehicle’s wheel to hinder mobility and where the vehicle owner will have to pay to have the clamp removed. This can be used by both public (off-road only) and private landowners to aid enforcement of regulations. In New Zealand, only the Ministry of Justice may clamp vehicles on a public road where there are unpaid court-imposed fines applying.
• Tow-away – involves removing a vehicle from an illegally parked area and can be used by both public and private landowners.

These types of measures are further outlined in the Austroads Guide to traffic management, Part 11: Parking.

Private landowners should advise motorists of the type of enforcement undertaken in addition to the conditions of use where public parking is provided.

3.4.3   Emergency vehicles

Emergency vehicles are used to attend emergencies and are operated by enforcement officers, the ambulance service, the fire service, civil defence emergency workers or defence force emergency vehicle drivers. Emergency service vehicles have a defence for not complying with parking restrictions, where:

• it is reasonable that the restriction should not apply to the emergency vehicle
• the driver is taking reasonable care in doing so.

Under clause 1.8(1) of the Road User Rule, if it can be demonstrated that there is a ‘life and death’ situation, an emergency vehicle is permitted to park anywhere provided their emergency beacon is displayed.

3.4.4  ‘Public work’ vehicles

A driver has a defence for not complying with a parking restriction if:

• they can demonstrate the vehicle was engaged in a public work on the road
• the vehicle was being used with due consideration for other road users
• the parking was reasonably necessary for the purposes of the work
• the driver took all reasonable care.

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