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  • Abandoned cars?

    Having been once prosecuted many years ago by our local council for pushing abandoned cars out onto the street I tend to be wary of any unknown cars on my properties.
    Thankfully it has been years since I had to deal with one.
    The reason people stopped abandoning cars was the scrap metal prices were good. However these days the bottom has dropped out of that market.
    Out of the blue one appeared recently. It was parked in an area of the property well away from the normal tenants parking spaces.
    There are five flats in the block so it might been dropped by one of the tenants or one of their friends.
    I have a good bunch of tenants who all pay their rent well so do not want to upset anyone.
    So I thought perhaps I better find out who owns this vehicle. First I tried the Police. But no, they say they are not permitted to tell me the owner.
    So I thought about the council but really did not bother because they are consistently unhelpful.
    At one stage I used to be able to look up the owner on Veda (Equifax) but this function has been disabled due to privacy requirements.
    I rang Tenancy Services to see what they had to say. I might as well saved my breath with them. They were hopeless. Like their advise was to call my lawyer!
    Does anyone have any ideas on how to deal with this sort of problem?
    Glenn
    Last edited by Glenn; 16-10-2017, 08:30 AM.

  • #2
    Push it onto the street at night and deny all knowledge ?? :-)

    So have you actually asked all the existing tenants nicely ? I appreciate your not wanting to upset anyone, but they all might be very keen to also see it gone.

    Comment


    • #3
      Hi Glenn,

      There is this, it costs $15. https://nzta.govt.nz/vehicles/how-th...r-information/

      I don't know how they'd view your need to know but if you couch it is as Health and Safety issue you might be in luck. Delicately approaching the tenants seems a good first step?

      We had to get a stolen car towed from outside our own house earlier in the year. It was like a Monty Python sketch with the council inspector doing his best JobsWorth impression. It was annoying us as we were building an extension and wanted to put the rubbish skip where it was. Finally managed to talk to his boss who found out it was now owned by the insurer and he arranged for them to collect it.

      Comment


      • #4
        do you know any car salesmen. im pretty sure they can find out

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        • #5
          I have a recording of the police call center telling me to put the vehicle on the side of the road.

          That's what I do now.
          www.3888444.co.nz
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          • #6
            Originally posted by hawkeye View Post
            Hi Glenn,

            There is this, it costs $15. https://nzta.govt.nz/vehicles/how-th...r-information/

            I don't know how they'd view your need to know but if you couch it is as Health and Safety issue you might be in luck. Delicately approaching the tenants seems a good first step?

            We had to get a stolen car towed from outside our own house earlier in the year. It was like a Monty Python sketch with the council inspector doing his best JobsWorth impression. It was annoying us as we were building an extension and wanted to put the rubbish skip where it was. Finally managed to talk to his boss who found out it was now owned by the insurer and he arranged for them to collect it.
            Great thanks Hawkeye. I did as you suggested and it worked.
            The information came back quickly. Initially they only supplied the name. So I emailed them back and also rang them. I must have made an impression with my explanation as to why I needed the address. Within a few minutes they answered the second email and supplied the address. Turned out one of the tenants were "helping" their wayward son. He does not normally live there hence my surprise and suspicion about the car.
            When talking to the nice lady at NZTA she was very helpful. Told me a few other useful things that I am yet to follow up on such as Section 356 of the Local Body Act.
            What I am annoyed about is the false mischievous advise given out by Tenancy Services. I wonder if they were deliberating misinforming me or if they were just ignorant.
            The Police have no excuse to not know about MZTA. Why do they tell lies and distort the truth.
            Their advise might have got me in front of a judge again. Dangerous to tell people to commit crimes as a solution to a genuine request for help.

            Comment


            • #7
              Can't find the Local Body Act. Can you give me a lead?
              www.3888444.co.nz
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              • #8
                Originally posted by Keys View Post
                Can't find the Local Body Act. Can you give me a lead?
                Sorry don't know! As I get older I am sure I know less.
                As the lady from NZTA was talking to me I scribbled down what I thought she said.
                Perhaps some more google searches are in order!
                Back when I was a bad boy and got caught the council used to just come and tow the cars away.
                I do recall debating with the council officers about the fact that they had the authority to get rid of cars and because the law made no provision for private landowners there was really no option apart from putting them out on the side of the road along with the rubbish in the council bags. Goodness it would be good if they would sell us a bag I could put dead cars into for them to take away.
                These days they are all PC and advertise the various cars they are taking away or perhaps attempting to dispose of the ones they have got. Those public notices mention some act on them so next time I see one I must take the time to read the relevant act.

                Comment


                • #9
                  Local Government Act?
                  Squadly dinky do!

                  Comment


                  • #10
                    Originally posted by Davo36 View Post
                    Local Government Act?
                    Ok I may as well do my own tail wagging. Here is what Mr Google says.
                    Relationship between section 356 and section 356A

                    In any circumstances where a territorial authority is authorised to remove a motor vehicle under both section 356 and356A, the territorial authority may only exercise its powers under section 356A.


                    Section 356B: inserted, on 28 June 2006, by section 5 of the Local Government Act 1974 Amendment Act 2006 (2006 No 27).
                    Removal of abandoned vehicles from roads

                    (1)
                    This section applies where any category A or category B or category C motor vehicle is found on a road within the district of any council and appears to have been abandoned by its owner.

                    (2)
                    In the case of a category A or category B vehicle, the following provisions shall apply:(a)

                    the council may, or may authorise any person to, remove the vehicle and store it:

                    (b)

                    no person shall remove the vehicle until a constable has been notified of the proposal to move it:

                    (c)

                    the council shall make reasonable efforts to give notice to the person last registered under Part 17 of the Land Transport Act 1998 in respect of the vehicle of its intention to sell the vehicle, and those efforts shall include,—(i)

                    in the case of a category A vehicle, taking practical steps to identify the owner of the vehicle by reference to chassis numbers or other numbers appearing on the vehicle:

                    (ii)

                    in the case of a category B vehicle, identifying the owner of the vehicle by reference to such numbers and by searching the motor vehicle security register or otherwise:


                    (d)

                    after making reasonable efforts to give notice under paragraph (c), the council may give not less than 10 working days’ notice, by advertisement in 2 issues of a daily newspaper circulating in the district in which the road is situated, of its intention to sell the vehicle, but if the council is satisfied that the condition of the vehicle is such that it is of little or no value, it may dispense with the giving of such notice:

                    (e)

                    at any time after the expiration of a notice given in accordance with paragraph (d) or at any time after the giving of such notice has been dispensed with under that paragraph, the council may sell or otherwise dispose of the vehicle to any person or otherwise dispose of the vehicle in such manner as the council thinks fit, and any person to whom such a vehicle is sold or disposed of shall thereupon become the lawful owner of the vehicle:

                    (f)

                    the advertisement under paragraph (d) shall specify the following:(i)

                    a description of the make, model, and colour of the vehicle:

                    (ii)

                    the chassis numbers and any other vehicle numbers (if known):

                    (iii)

                    the location from which the vehicle was removed:


                    (g)

                    the proceeds of any such sale shall be applied in payment of the costs and charges attending the sale, including the advertisement under paragraph (d), and of the expenses of the removal and storage of the motor vehicle, and the residue, if any, shall be payable to the former owner of the vehicle:

                    (h)

                    where any motor vehicle is removed under this subsection, the owner shall be liable to pay to the council all expenses incurred by the council in removing and storing the vehicle, and, where the vehicle is claimed by the owner and not sold or otherwise disposed of pursuant to this subsection, those expenses shall be payable before the owner takes delivery of the vehicle.


                    (3)
                    In the case of a category C vehicle, the provisions of subsection (2) shall apply with the following modifications:(a)

                    the notice specified in paragraph (d) of that subsection shall not be given unless the vehicle has been stored for a period of 1 month and reasonable efforts to locate the person last registered under Part 17 of the Land Transport Act 1998 in respect of the vehicle have been made by the council:

                    (b)

                    in addition to specifying the matters set out in paragraph (f) of that subsection, the notice shall specify the name of the person currently registered under Part 17 of the Land Transport Act 1998 in respect of the vehicle and the last known address of that person:

                    (c)

                    paragraph (c) of that subsection shall apply as if the vehicle were a category B vehicle.


                    (4)
                    If, after a search of the motor vehicle security register in accordance with subsection (2)(c)(ii) or subsection (3)(c), it is found that the vehicle is subject to a registered security interest, the council shall, before selling or otherwise disposing of the vehicle, notify the holder of that interest of its intention to sell or otherwise dispose of the vehicle.

                    (5)
                    For the purposes of this section,—(a)

                    a category A vehicle is a motor vehicle that has neither a number plate nor a current licence label affixed to the vehicle:

                    (b)

                    a category B vehicle is a motor vehicle that has affixed to it either a number plate or a current licence label (but not both):

                    (c)

                    a category C vehicle is a motor vehicle that has affixed to it either—(i)

                    a number plate and a current licence label; or

                    (ii)

                    a number plate and a licence label that expired not more than 6 months before the council took possession of the vehicle.



                    (6)
                    For the purposes of this section, council, in relation to a State highway that is under the control of the New Zealand Transport Agency, means the New Zealand Transport Agency.

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                    • #11
                      Originally posted by Glenn View Post
                      Removal of abandoned vehicles from roads
                      Ummmm (mamc)
                      www.3888444.co.nz
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                      • #12
                        Originally posted by Keys View Post
                        Ummmm (mamc)
                        Well exactly. There does not seem to be any law that deals with cars on rental properties. I once got declined a claim for a tenant damaging an adjacent flat because as the adjudicator correctly stated that is not covered in the RTA. So really if car is abandoned with number plates off there is no mechanism to make anyone pay.
                        Simple answer is in a block of five flats. just increase everyone's rent to cover the cost.
                        I guess this is what the politicians intend us to do?

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                        • #13
                          And, what was the reason you were not allowed to put it onto the road? I would like to look up the relevant legislation on that one.
                          www.3888444.co.nz
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                          • #14
                            It is probably illegal to abandon a car on the highway, and eventually it will be unlicenced and unwarranted, so another reason it can't be on the road.
                            DFTBA

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                            • #15
                              Originally posted by Keys View Post
                              And, what was the reason you were not allowed to put it onto the road? I would like to look up the relevant legislation on that one.
                              they prosecuted me under the litter act.

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