In New Zealand parking on private or public land can result in your vehicle being clamped or towed if you breach parking conditions. Whether this is lawful depends on where you parked, who took enforcement action, and whether they had legal authority.
There is no general law that automatically allows clamping or towing in all situations. However, the law limits what can be charged, controls how enforcement must be carried out, and requires vehicles to be released promptly in certain cases.
This page explains your rights and obligations when dealing with clamping or towing. It covers when these actions are permitted, what fees can be charged, when your vehicle must be released, and what to do if something doesn’t seem right.
If you believe your vehicle was clamped or towed without authority, charged unlawfully, or not released as required, you may be entitled to a refund, compensation, or further action through Police, councils, or the Disputes Tribunal.
When a vehicle can be lawfully clamped or towed
Private land
Clamping or towing on private land is lawful only where:
- the operator was authorised by the landowner or their agent, and
- the vehicle was not entitled to be parked there.
Private operators have no automatic right to clamp or tow vehicles.
Public roads
Clamping or towing on public roads may be carried out only by councils, Police, or other authorised officers under transport legislation and bylaws.
Private operators generally have no authority to act on public roads.
Fees that may be charged
Wheel clamping (private land)
The maximum total fee is $100 (including GST).
- This amount includes all call out, release, and administration costs.
- Charging more than $100 is unlawful.
Towing
- There is no fixed national maximum towing fee for private land in New Zealand.
- Fees must be reasonable and reflect actual towing and storage costs.
- Public road towing fees are regulated and capped under transport rules.
Assessing whether a fee is lawful and reasonable
A fee may be unlawful or unreasonable where:
- clamping fees exceed the legal limit
- towing fees are excessive or punitive
- signage was unclear, obscured, or missing
- the operator lacked authority
- the vehicle was entitled to be parked.
Unlawful or unreasonable fees may be challenged through dispute processes or the Disputes Tribunal.
Motor Vehicle Disputes Tribunal(external link) – Ministry of Justice
Release of a vehicle after payment
Clamping
A clamp must be removed as soon as reasonably practicable after payment of the lawful fee.
Deliberate delay is unlawful and may be reported to Police (105).
Towing
- Where a tow has been completed, the vehicle does not need to be returned immediately.
- Where the vehicle owner arrives before completion and regains control of the vehicle, the tow must stop.
What to do if something goes wrong
- Stay calm and avoid confrontation.
- Ask:
- who authorised the action
- what authority or law applies
- for the operator's name and a receipt
- Pay the minimum amount required to recover your vehicle.
- Gather evidence, including:
- photos of signage or lack of signage
- the location and boundaries
- any delay or damage
Disputes or refund requests can usually be pursued after the vehicle has been recovered.
Actions to avoid
Do not:
- interfere with operators or equipment
- damage clamps or towing gear
- refuse lawful payment required for release.
These actions may result in criminal or civil liability.
Circumstances where clamping or towing may be unlawful
Clamping or towing may be unlawful where:
- the operator was not authorised
- the vehicle was entitled to be parked
- clamping fees exceeded $100
- the clamp was not removed promptly after payment
- a private operator acted on a public road without authority.
Unlawful actions may entitle the vehicle owner to a refund, compensation, or Police involvement.
Getting help or escalating a dispute
- Public roads: contact the relevant council or Police.
- Private land: raise a dispute with the landowner or operator.
- Unresolved matters: apply to the Disputes Tribunal.
- Systemic concerns: complain to the Commerce Commission.
Local contacts(external link) – New Zealand Police
Disputes between neighbours(external link) – New Zealand Law Society
How to make a claim(external link) – Disputes Tribunal of New Zealand
Report a concern(external link) – Commerce Commission
Free assistance is available from:
Find a CAB(external link) – Citizens Advice Bureau (CAB)
Free Legal Help throughout New Zealand(external link) – Community Law