Council clamping may be illegal

Abusers of Wellington’s free park-and-rides are being warned their vehicles could be clamped or towed but it appears the council threatening the crackdown has no legal authority to do so.

Greater Wellington Regional Council (GRWC) began installing signs at various park-and-ride car parks last month, warning motorists that they faced fines, towing or clamping if they parked illegally or did not transfer onto public transport.

But a lawyer specialising in the subject said a road controlling authority had no power to enforce any kind of parking penalties without first passing a bylaw, which the regional council had not done.

‘‘The council seems to have flagrantly overlooked its obligations in terms of imposing lawful parking restrictions in these areas,’’ said Alwyn O’Connor, a lawyer with Irons Legal Barristers.

Under the Land Transport Act 1998, any road-controlling authority first needed to consult with the public on implementing parking enforcement, then legislate a bylaw, O’Connor said.

It could then employ parking wardens and issue fines of up to $60 or tow vehicles but could not contract out to a third party to enforce parking or clamp vehicles.

The regional council was the automatic controlling authority

for the park-and-rides because it managed or controlled the car parks, which were defined as roads in the act, he said.

A road was defined as any piece of land which a vehicle can access, be it a street, private driveway, or even a beach.

The regional council said that it had sought legal advice and opted to introduce ‘‘terms and conditions’’ in order to enforce parking, rather than become a road controlling authority and need to pass a bylaw.

But O’Connor said GWRC had no choice, and it was the default authority.

‘‘If the council chooses to restrict parking in the way it is purporting to, then it ought to comply with the legislative regime.

‘‘Until the council complies, it would seem it is unable to enforce the purported restrictions.’’

The council said recently it planned to start enforcing the penalties later this month.

Automobile Association parking penalties spokesman Mark Stockdale said it was ironic the council was telling drivers to obey the law when it itself was not.

‘‘It’s a bit of an own goal. Motorists will find it quite ironic the regional council is telling them they should know and obey what the parking rules are, while the council issuing these rules doesn’t know and obey the rules it must comply with in order to carry out that enforcement,’’ he said.

The council should ‘‘suspend’’ the proposal until it had complied with the laws, Stockdale added.

‘‘We know there’s a problem that does need solving. The council just needs to do it by the book.’’