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Hemi v New Zealand Police [2020] NZDC 21777

Published 10 December 2021

Appeal — refusal to release impounded motor vehicle — stolen vehicle — Land Transport Act 1998, ss 102 & 110. This was an appeal against a decision of a police constable refusing to release the appellant's car. The car had been impounded by police in the early hours of the morning because the driver of the vehicle had a suspended licence. One passenger of the vehicle claimed to be the appellant owner's partner and said that she would arrange with him to collect the car. The appellant had not known that the driver and passenger had taken his car and had reported the car as stolen. He completed a statutory declaration which constituted a first appeal to an enforcement officer. Another police officer had refused to allow the appeal, coming to the conclusion that the appellant had merely reported the vehicle as stolen to avoid the consequences of seizure and impoundment. At the hearing, further evidence was heard from the appellant. He produced his call history which corroborated his story: that he genuinely and reasonably believed his car to have been stolen at the time of making the call to the police. The Judge upheld the appeal and made an order for the immediate release of the appellant's car. Judgment Date: 8 October 2020.

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