Your car impounded for 28 days in New Zealand, how to get it back

Last updated 23 June 2026. This is general information, not legal advice.

Having your car towed away at the roadside and locked up for 28 days is one of the bluntest powers the police have. It happens immediately, the officer has no choice once the grounds are met, and it bites the owner of the car even when someone else was driving. This guide explains exactly when a 28-day impoundment applies, what it costs to get the car back, and how to appeal if you were not the one behind the wheel. Everything here ties back to the Land Transport Act 1998 and guidance from the New Zealand Police and NZTA Waka Kotahi.

Why police impound a car for 28 days

Under section 96 of the Land Transport Act, an officer must seize and impound a vehicle for 28 days if they have good reason to believe the driver committed one of a set of specific offences. The officer does not get to weigh it up. Once the grounds are met, the impoundment is mandatory. The main triggers are these.

• Driving while disqualified, or while the licence is suspended or revoked.
• Driving after being forbidden to drive by the police, or never having held the required licence.
• Breaching the conditions of an alcohol interlock licence or a zero alcohol licence.
• A drink or drug driving offence where the driver has two or more previous convictions in the past four years.
• Street racing, sustained loss of traction such as a burnout or wheelspin, or breaching an anti-cruising bylaw after a police warning.

A couple of related powers run alongside the 28-day rule. Failing to stop for police can lead to a longer impoundment of up to six months. The key thing to understand is that the impoundment attaches to the vehicle. It is not a punishment of the driver as such, which is why an owner who lent the car out can be left dealing with the fallout.

A law change has been proposed that would allow vehicles used for street racing or fleeing the police to be forfeited and destroyed after a single offence. As at the middle of 2026 it is still before Parliament and not yet law, so the rules in this guide are the ones that currently apply.

What it costs

You, as the owner, are liable for the towing and storage fees, and you cannot get the car back until they are paid or you have arranged to pay them. The fees are set by regulation and rise over time, but as a guide, for an ordinary car the towing fee is $90.20 during business hours and $120.30 outside them, plus $6.10 for each kilometre beyond the first ten. Storage for the 28 days comes to $607.50, with the first three days free and then $24.30 a day.

The fees are paid to the storage operator, normally in full before the car is released. You can pay some or all of them during the 28 days rather than waiting until the end, which stops the storage bill being a nasty surprise. If you genuinely cannot pay the lot at once, you can ask the storage provider for an arrangement to pay it off over time.

Getting your car back after 28 days

When the 28 days are up, the car is released to the registered owner, or someone they authorise, on payment of the fees. Bring photo identification, proof that you are the registered owner, the impoundment notice if you have it, and a way to pay. If someone is collecting on your behalf, give them written authority.

If you are not sure where the car is, the impoundment notice names the storage yard. If you have lost it, phone the police on 105, or the station that dealt with the stop, and they can tell you which yard is holding the vehicle.

You do not have to leave your belongings locked up for the month. You can usually arrange with the yard to collect personal property from the car during the 28 days, a child seat, work tools or documents, even though you cannot take the car itself.

Do not leave it sitting there. After the impoundment ends you have 10 days to collect the car and pay or arrange the fees. If you do not, the car can be treated as abandoned, and the storage yard can apply to the police to sell or dispose of it. People lose cars this way every year simply by failing to act in time.

If you were not the driver

This is the situation that traps innocent owners. You lent your car to a friend, a partner or your teenager, and it turns out they were disqualified or had never held a licence. The car is impounded, and you are left with the bill. The law does give you a way out, but you have to use it.

You can appeal against the impoundment on the ground that you did not know, and could not reasonably have been expected to know, that the driver was disqualified or not licensed, and that you took all reasonable steps to stop an unlicensed person driving the car. Other grounds also exist.

• The car was taken without your consent, for example it was stolen.
• The police did not actually have the grounds to impound, or did not follow the correct notice procedure.

Be ready to show what steps you took, for example that you asked to see the driver’s licence, or that you told them not to drive. Note that hardship is not a ground for releasing a 28-day impoundment. Hardship only applies to the longer six-month impoundments, so an innocent owner’s appeal has to rest on the knowledge and consent grounds above.

The appeal process

The appeal runs in two stages.

Stage one, the Commissioner of Police. You first appeal to the Commissioner of Police. You must do this within 14 days of the vehicle being impounded. The appeal is made in writing, usually by statutory declaration, setting out which ground you are relying on and the facts behind it. The police consider it and either release the car or decline.

Stage two, the District Court. If the police decline your appeal, you can take it to the District Court. You must do this within 28 days of the police decision. The Court looks at the same grounds afresh. If the appeal succeeds, the car is released, and storage fees may be waived, although the towing fee is usually still payable.

Lodging an appeal does not automatically stop the storage clock, so if you can afford to, it is often worth paying to get the car out and continuing the appeal to recover the fees, rather than letting the bill grow while you wait.

Getting the car out early

Aside from a successful appeal, the car comes out early in a few situations. If the police decide not to charge the driver, or the driver is found not guilty, the vehicle is released. In some cases an unlicensed driver who becomes properly licensed during the 28 days can recover the vehicle on producing the licence and paying the fees. Outside those situations, the 28 days is a hard floor, and there is no general discretion to shorten it.

When a court can take your car for good

The 28-day impoundment is not the end of the story for repeat offenders. It is a roadside holding power. Separately, when a driver is convicted of certain offences and has a relevant history, the court can order the vehicle confiscated, and a confiscated vehicle can be sold or destroyed. Confiscation is a court decision made on conviction, not something the police do at the roadside, and the court can take the interests of an innocent owner into account. If you are an owner whose car has been used by a repeat offender, get legal advice early, because the stakes go well beyond a 28-day inconvenience.

The practical playbook

One. Get the paperwork. The police give a notice of impoundment. Keep it. It states the grounds, the yard, and your appeal rights.

Two. Decide quickly whether to appeal. If you were not the driver and did not know they were barred, you have only 14 days to appeal to the Commissioner. Do not let that window close.

Three. Gather your evidence. Anything showing you did not know and took reasonable steps, messages telling the person not to drive, or proof the car was taken without permission.

Four. Manage the fees. Pay down storage during the 28 days if you can, or arrange a payment plan with the yard so the bill does not balloon.

Five. Collect within 10 days of release. Once the 28 days end, do not dawdle. After 10 days the car can be sold from under you.

Six. Get advice if confiscation is on the table. If the driver faces a confiscation order, talk to a lawyer or Community Law about protecting your interest as the owner.

Free help when you need it

• New Zealand Police on 105 for non-emergency queries about the impoundment and the yard.
• Community Law Centres provide free legal help and a detailed manual on impoundment and confiscation.
• Citizens Advice Bureau on 0800 367 222 for free, confidential advice.
• NZTA Waka Kotahi for the official rules and current fees.

Frequently asked questions

How much does it cost to get an impounded car back in New Zealand

You pay the towing and storage fees, which for an ordinary car come to roughly $700 to $730 in total, $90.20 to $120.30 for towing plus $607.50 in storage for the 28 days, with the first three days free. The fees are set by regulation and change over time. You can pay them down during the 28 days rather than all at the end.

Can I get my car back before the 28 days are up

Only in limited situations. The car is released early if the police decide not to charge the driver or the driver is acquitted, if a successful appeal is made, and in some cases if an unlicensed driver becomes properly licensed. Otherwise the 28 days is a hard minimum that the police cannot shorten.

My car was impounded but I was not driving, what can I do

You can appeal to the Commissioner of Police within 14 days. The main ground for an innocent owner is that you did not know, and could not reasonably have known, that the driver was disqualified or unlicensed, and that you took all reasonable steps to prevent an unlicensed person driving. You can also appeal if the car was taken without your consent. If the police decline, you can appeal to the District Court.

What happens if I do not collect my impounded car

After the 28-day impoundment ends you have 10 days to collect the car and pay or arrange the fees. If you do not, the car can be treated as abandoned, and the storage yard can apply to the police for approval to sell or dispose of it. You can lose the car entirely simply by not acting in time.

Why do police impound cars for 28 days

The 28-day impoundment is mandatory for certain offences, mainly driving while disqualified or suspended, driving forbidden or unlicensed, breaching an alcohol interlock or zero alcohol licence, drink or drug driving with prior convictions, and street racing or sustained loss of traction. The officer has no discretion once the grounds are met.

Can police impound your car in New Zealand

Yes. For certain offences the police must impound the vehicle for 28 days on the spot, including driving while disqualified or suspended, driving forbidden or unlicensed, breaching an alcohol interlock, drink or drug driving with prior convictions, and street racing or sustained loss of traction. The officer has no discretion once the grounds are met.

How long can police impound your car for

The standard roadside impoundment is 28 days. Failing to stop for the police can lead to a longer impoundment of up to six months. Separately, a court can order a vehicle confiscated for good on conviction for certain repeat offences.

Has your car been impounded, or have you had to fight to get one back? Tell us which region and how the release went in the comments below.