Ask an expert: Legal advice

Re: Road legal quad bike

Cade — Wed, 29 Jun 2016 09:33:57 +1200

Hi there,
The requirement for any vehicle used on the road to be registered, and if you are travelling under a certain speed the vehicle is not required to have a warrant.
Follow this link to a helpful info sheet. https://www.nzta.govt.nz/assets/resources/agri-vehicles-guide/docs/Ag-vehicles-guide-v10.pdf

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Road legal quad bike

matthewhill2 — Sun, 26 Jun 2016 13:20:28 +1200

Hi, I'm wanting to buy a quad bike or small tractor to tow and launch my small boat at the boat ramp near my home, I would need to use the road to get there, my question is, what are the requirements with WOF and registration please?

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Re: legal distance

peterjdaly — Thu, 23 Jun 2016 07:45:08 +1200

Hi. It's been law for years. It was in the old Traffic Regulations, and was continued in the Land Transport (Road User) Rule 2004. Take some responsibility, educate yourself. The reason you got a ticket is because you broke the law. The easy way to avoid that is to know the law, and apply it. Lots of people can quote the 2 zecond rule, very few ever apply it. For example, the Road User Rule requires 20 metres following distance at 50 kmh. The 2 second rule leads to a 27.6 metre gap. And yet people are normally half of what the law requires.

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disclaimer in advertising brochure

heeney2 — Wed, 22 Jun 2016 20:44:24 +1200

purchased a brand new Hyundai Sonata Oct 2015, after test driving the demo model we bought off the brochure, since found many things advertised were not on vehicle, and things have needed to be replaced or repaired which has in some cases been done, some cannot be retrofitted, feel we bought a lemon,finally with free legal help was able to meet with dealer principal of car yard, outcome still pending, but have been told because of disclaimer on brochure we can't expect all these things to be on the car we purchased and not very likely we can get our money back, we should look at other Hyundai cars, but not very comfortable with this as we have lost confidence in them. Are they allowed to advertise things on the car which are not there without telling you? and then use the small print disclaimer to get away with it. Is this not false advertising and are we entitled to get our money back in full after this length of time? we have clocked up 11,000 in kms on the car so far, but have repeatedly told them things were missing and faults to be fixed from day one. please advisey

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Re: Aluminium wheel nuts?

Cade — Wed, 22 Jun 2016 08:22:09 +1200

Hi there,
Yes there is a new warrant of fitness rule forbidding the use of aftermarket aluminium wheel nuts.

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Aluminium wheel nuts?

hogiela — Tue, 21 Jun 2016 17:15:30 +1200

Took my Mazda Axela in for a wof today and it failed for having aluminium wheel nuts? Is there a law banning the use of aluminium wheel nuts on normal passenger vehicles?

The wheel nuts are similar to these:
http://www.workwheelsusa.com/product.php?category=45&wheel=121

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Re: Disputed liability

Cade — Tue, 21 Jun 2016 09:06:26 +1200

Hi there,
The persons responsible for the cause of the sudden braking would be subject to their own driving infringements if applicable. But as you have said, the responsibility to you as a motorist is to make sure in any situation you are able to stop without hitting the vehicle in front. This is part of the road rules, so I don't think you would have much success trying to dispute. Maybe leave it in the hands your insurance company, to make a claim against the other drivers if they think another party is liable.

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Disputed liability

renevk — Mon, 20 Jun 2016 18:29:50 +1200

Hi there,

I was in a minor car accident on a motorway offramp last week. A truck had an insecure load which resulted in some furniture falling on to the road. There were two cars in front of me that slowed right down. I can't recall seeing the car in front of me brakelights go on so before I knew it I had rear ended them. Admittedly, I crashed in to them so I am at fault. I am wanting advice please on where I could possibly stand with disputed liability regarding the truck driver that also left the scene. I managed to get their number plate. I am responsible for crashing in to the car in front of me, however, if their load was secure this wouldn't have transpired. Can you please advise if there is any grounds for me to dispute, and if so, how I would go about it?

Thank you

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Re: Towing a Car behind a Motorhome

EleanorMcM — Mon, 20 Jun 2016 15:30:43 +1200

Please advise all relevant facts to towing a car behind a motorhome.

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Re: Dispute with mechanic over payment

Cade — Mon, 13 Jun 2016 14:04:55 +1200

Hi there,
You can fill an NZTA online form to say you are no longer in possession of the vehicle and add the mechanics details as the new keeper. This does not prove ownership, just possession.
Generally you would need to be able to surrender the number plates in order to de-register the vehicle.
I recommend you seek the help of a lawyer on this matter to see a resolve, as you haven't heard from the service provider and you have rights as a consumer. If he quoted, then he must stick to the quote or if things change, inform along the way. For more information see: http://www.consumerprotection.govt.nz/for-consumers/services/getting-quotes-and-estimates

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Dispute with mechanic over payment

pmkandkmb — Mon, 13 Jun 2016 11:48:06 +1200

Our car has been at the mechanics for 20 months, and we have heard nothing from him for 15 months since he told us it would cost $11,000 +GST (more than the value of the car). We don't want to pay for the repairs, as we were quoted $4,500, then $8,000 max and have serious doubts now about the quality and extent of work he has done. We have consulted MTA (he's not a member), and Fiat specialists who all feel his charges are exorbitant. We have proposed that he take the car as payment, but he will not respond to any communication. We would like to know if we can transfer ownership to him without his involvement. We would like to deregister it but am not sure if this is possible? Thanks for your help, Philip Kilmore

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Re: Frayed seatbelt after 6 months

sanjeet83 — Sun, 05 Jun 2016 15:50:27 +1200

A friend of mine brought a low km's van and imported it from Japan, when he took it for a warrant, it failed seat belt and pedal rubbers, he subsequently found out the vehicle had done 300,000+kms.

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Re: practicial driving test

Cade — Fri, 03 Jun 2016 13:41:29 +1200

Hi there,
I recommend you call the driver licensing helpdesk 0800 822 422.

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practicial driving test

anne.zablan08 — Fri, 03 Jun 2016 13:32:00 +1200

Hi. Is it allowed to be on barefoot during practical driving tests?

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Re: Frayed seatbelt after 6 months

Cade — Thu, 02 Jun 2016 15:46:22 +1200

Hi there,
The CGA states that the vehicle must be durable, and fit for purpose. Any faults should be taken into account based on the age, mileage, and price paid for the vehicle. Ask, would it be reasonable for this problem to happen to this vehicle, or one of the same year? The CGA doesn't have an expiry date, so it would be worth speaking to the dealer.
More info can be found on: http://www.consumerprotection.govt.nz/for-consumers/motor-vehicles/got-a-problem

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Frayed seatbelt after 6 months

rollestj — Thu, 02 Jun 2016 11:48:27 +1200

I brought a second hand car from a dealer in Upper Hutt 6 months ago. Its just failed a warrant check because the seat belt was frayed. My mechanic said I should go back to the dealer because this couldn't have happened within 6 months and they should pay for the repair. How does this work under the Consumer Guarantees act?

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Re: Car hire for a fee

Cade — Wed, 01 Jun 2016 10:19:26 +1200

Hi there,
Legally if you offer your vehicle for hire, you would need to change your vehicles usage to require a COF instead of WOF, this is what taxis ect are also required to do. Also you would need to ensure your vehicle would still be insured if you do this.
I think if you were driving the vehicle with paying passengers like a taxi, you would need to change your license ect. Similar to this service. https://yourdrive.co.nz/

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Car hire for a fee

akistreet — Tue, 31 May 2016 16:47:15 +1200

Hi, could you tell me if we let our neigbours or workmates to use our car for a small fee, do we have to get a special license or paperwork done for that?

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Re: Am i allow to park here? Thanks.

kyle19861985 — Tue, 24 May 2016 14:05:54 +1200

Thank you very much. :)

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Re: Am i allow to park here? Thanks.

Cade — Tue, 24 May 2016 12:32:15 +1200

Hi there,
It looks like a type of flush median used for vehicles using the driveway to exit on the corner. definitely not something vehicles should be parking on.
I can't find the exact ruling for a corner, but a flush median is designed for vehicles entering and exiting roadways. Not for stopping/ parking and this one is very thin, not wide enough for a car to fit safely.

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Am i allow to park here? Thanks.

kyle19861985 — Tue, 24 May 2016 11:08:14 +1200

can't upload a pic so i put a link. Thank you very much.

https://www.google.co.nz/maps/place/144+Spinella+Dr,+Bayview,+Auckland+0629/@-36.769652,174.7182754,3a,75y,303.52h,54.89t/data=!3m6!1e1!3m4!1stifX6rslw4sitEOJETVvGg!2e0!7i13312!8i6656!4m5!3m4!1s0x6d0d396c56b513b5:0xbf52ebcce8ab4f83!8m2!3d-36.7696004!4d174.7180927!6m1!1e1

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Re: re buying private car from deceased estate

Cade — Mon, 16 May 2016 09:42:38 +1200

Ownership is determined when the sale contract is complete and a receipt is issued.
I recommend you write up a receipt and both sign it.
Change of "ownership" is actually changing the registered keeper of the vehicle, so it doesn't necessarily need to be changed twice before you.
I would ask to see documents if possible, to prove the son has permission to sell the vehicle, either as the executor of the estate of by someone who is.

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re buying private car from deceased estate

leannex — Sun, 15 May 2016 23:32:31 +1200

Hi,
I am looking to purchase a private vehicle and I have found out that the car is being sold on behalf of.

Upon further investigation the person(mother) is deceased and the son is selling the car.

From what I can gather on the NZ Transport agency it advises that if the vehicle is being sold then a change of registered Person - seller will need to be done.

Is the car registered to the son first by changing ownership, then registered again
to the buyer, changing ownership again?.

I am not sure of this process, so how can I make sure that legally the car can be sold and the will has been executed to the rightful owner, and I am legally protected?.

Many thanks.
Leanne.

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Re: Infringement notice

Cade — Thu, 12 May 2016 09:49:57 +1200

Hi there,
There is a process and procedure outlined on the police website to guide you through. You may even need to contact the police infringement bureau, further info can be found on the following link. http://www.police.govt.nz/contact-us/how-pay-infringement-fee/contact-police-infringement-bureau

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Infringement notice

akistreet — Thu, 12 May 2016 08:06:28 +1200

Hello, there

I was recently handed an infringement notice by a police officer who suspected that I was driving over the posted speed limit. Within 28 days of the alleged infringement, I requested relevant information indicating the offence but now 60 days after the infringement, the Police have not supplied the information. Will the matter be referred to the court even though they have not supplied info and the court imposed fee of $30 be applicable on top of the original infringement fee ? And are they required to send me a reminder notice (without it, I assume that due date for the payment must be 28 days after the alleged infringement unlike most situation (58 days considering the reminder notice) At this stage, can't they accept the infringement fee?

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Re: Liability for car damage

sanjeet83 — Tue, 10 May 2016 22:31:41 +1200

Similar situation happened to my vehicle when a piece of company machinery rolled into it, the vehicle was parked in a designated park, after contacting my insurance company the company was required to repair my vehicle and my insurer waived paying a premium or loss of no claims bonus, my employer was required to pay the full cost of the repair.

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Re: NZ new Nissan Tiidas and warranties

Cade — Tue, 03 May 2016 09:04:39 +1200

Hi there, The NZ new Tiida starts after March 2006 and they don't appear to have the CVT transmissions, but I recommend confirming this if your find one to look at . I think it would be quite hard to find a non CVT Tiida, all the conventional autos are 4-speed.
Other potential options could be the Honda Stream 1.8 or Toyota Wish, or maybe a Mazda Axela sedan, Toyota Auris or Runx.
An AA appraisal is a "dealer only" small inspection for dealer insight into the basic vehicle condition. Not intended for the buyer, a pre purchase is over 100 points and gives a more informed vehicle overview for the potential buyer to be fully aware of any potential issues.
The CGA does not have a time frame, so it would depend on the nature of the fault and whether it would be acceptable, considering the vehicle age, mileage, and price paid.
All warranties would be similar, but the minor details will need to be adhered to for the subtle changes and consult the list of what is not covered vs what is.
I would recommend consulting the warranty company about who to take the vehicle to in the event of making a claim.

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NZ new Nissan Tiidas and warranties

leannex — Mon, 02 May 2016 22:39:42 +1200

Hi,

I am looking to purchase a Nissan Tiida 2005/6 for taking the kids to school and shopping, odd long trip. Budget of $6-7000.

I am looking for a reliable car, not too high mileage and economical.

After extensive search on the internet it seems most Nissan Tiida imports have serious
problems with CVT trans. Are all Japenese imports for 2005/6 Nissan Tiidas CVT trans?.

Are all NZ new Nissan Tiida 2005/6 cars 4 stage autos?.

Are there any other similar cars that are reliable and economical with out CVT trans
in this price range?.

I would also appreciate if you could please help clarify the difference between
AA appraised cars sold by licensed car dealers and a member paying a pre purchase
report on a car?.

If a purchaser buys a car from a licensed car dealer and for example the car is faulty within 6 months what is a reasonable
time frame that you are covered by the Consumer guarantees act?.

Is it best to get a three year extended warranty and what is the approx cost for that
and what does it cover ie trans and motor, or does it vary between dealers?.

Also if you buy a car from out of another city and you decide to buy extra warranty,
and there is a problem, does the car have to be repaired where the dealership is?.

Thanks so much for your help!!.

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Re: Parking fines from previous owner

Cade — Mon, 02 May 2016 13:39:26 +1200

The parking company cannot take you to court nor repossess or clamp your car. Their only option is to lodge a claim with the Disputes Tribunal which they are unlikely to do if they know you can prove you bought the car after the parking breach. If you would like us to help resolve this matter on your behalf, please email your contact details, name of the parking company and breach notice number to aatech@aa.co.nz.

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Parking fines from previous owner

Sergito — Sun, 01 May 2016 12:13:50 +1200

Hi there,
I found out recently that the previous owner of my car left an unpaid parking fine.
The private parking company is trying to make me pay (i sent to them proof that i bought the car after the fine happened), however they have now hired a consultancy company which is pushing me to pay.
Am i liable to pay? Can they send me to court? Can they reposes or clamp my car?

The fine is not specially expensive... it's not about the money, it's about the point of it.

Thanks so much.

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Re: speedometer

Cade — Fri, 29 Apr 2016 09:44:59 +1200

Hi there,
Yes this is common and most vehicles would read 103-105kmh when actually travelling 100kmh. It is a built in tolerance from the manufacture. There is a global standard for speedo accuracy and no speedo shall under-read. However, the standard allows for over-reading by up to 14% at some speeds.

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speedometer

tgchen38 — Fri, 29 Apr 2016 09:34:12 +1200

The speedometer on my 2013 Toyota Prius 1.8 shows the speed about 5 km/h faster than the actual one (shown on the roadside meters and my GPS). Is this within the right legal range please? Thank you.

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Re: Liability for car damage

Cade — Wed, 27 Apr 2016 09:41:46 +1200

Hi there,
It is recommended that you go through your (or daughters) insurance and let them chase your employers insurers if they think they are liable. This is why we pay for insurance in the first place, let them do the work on your behalf.

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Re: Selling car for scrap.

davididi — Wed, 27 Apr 2016 00:28:05 +1200

Thank you so much. So appreciated.

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Liability for car damage

cardan — Tue, 26 Apr 2016 15:42:03 +1200

The car I use is registered to and insured by my daughter who is overseas.
The car was parked at my place of work in the area designated to me to park in. A tree blew on to it and damaged the bonnet. I have been told by my work to ring my insurance company. I don't know who the insurance company is and am trying to contact my daughter, but I would have thought it should be my place of work's business insurance that covers such an accident. Your advice would be greatly appreciated.

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Re: Selling car for scrap.

Cade — Tue, 26 Apr 2016 13:36:39 +1200

Hi there,
I would go to a testing station or licensing agent and say the vehicle has been disposed of and the plates destroyed and you would like to de-register the vehicle. Providing you are still the registered keeper of the vehicle, I don't think there should be too much f an issue.
Failing that, you can go online and fill out the form that informs the NZTA that you are no longer in possessions of that vehicle.
You will just need to put in the name and contact details of the company who took the vehicle from you. https://transact.nzta.govt.nz/transactions/NoticeOfDisposal/entry

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Selling car for scrap.

davididi — Tue, 26 Apr 2016 10:19:27 +1200

My wife (also a member) recently sold one of our cars to a Company called Cash4Car for destruction. When the towie arrived to collect the car, I asked him what we needed to do as the owner. He told me he would organise everything. He took the car with the registration plates still on. I rang the business to recover the plates when we received a notice from NZTA of the need to renew the registration which was under exemption. The person who answered, insisted all responsibilities were ours but refused to provide an address, insisting that I could file for destruction without the plates. He said there was a document we could collect from VTNZ that would resolve the problem. This, despite assurances from the towie that all would be managed by them.
The advertised telephone numbers (in the Yellow Pages) are 0800 30 50 40 and 021 507 158. I will admit I lost my temper and told this sub-Asian continental what I thought of him but he persisted with the line that we did not need the plates for the destruction of a vehicle. At that point, I terminated the conversation.
I rang another company with a similar name, Cash4Cars (plural) thinking they may be the parent Company, but they advised that they have no involvement with the firm that we had been dealing with.
All the instructions available indicate that the plates are essential to finalise de-registration. What recourse do we have if we are unable to recover them from this business? Apologies for being so long-winded. Any assistance would help.

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Re: number plates

Cade — Tue, 19 Apr 2016 09:18:55 +1200

Hi there,
There is a number to call, 0800remake in order to enquire about replacement plates.
Or you can get a supplementary plate to use if yours is obscured. https://www.licensys.com/nz_interact.php

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number plates

pbjatkins — Tue, 19 Apr 2016 04:55:23 +1200

how to obtain duplicate number plate for trailer

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Re: Issue on Mecedes same as Usa recall

Cade — Mon, 18 Apr 2016 15:21:06 +1200

Hi there,
This will be something you would need to take up with Mercedes Benz NZ as they are the only ones who could initiate the recall, and carryout part replacement where required.
There are no current safety recalls listed for a 2008 C-Class on the NZTA website.

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Issue on Mecedes same as Usa recall

mercgps — Mon, 18 Apr 2016 14:56:59 +1200

We have a drivers side light flicker on our 2008 mercedes C class which means a replacement with an upgraded plate that can take the power. I have noticed that the same issue was subject to a safety recall in the USA.
Should ours be subject to Free replacement - same as in USA as its the same issue.

I note that same fault was the subject of a safety recall.
We are working very together with our NHTSA colleagues on this topic. Daimler AG has become aware through its worldwide product observation that on some model year 2008-2011 C-Class vehicles (204 platform*), the contact between tail lamp bulb carrier and tail lamp connector has deteriorated. The contact deterioration may lead from dimmed tail lamps to, in the worst case, a loss of tail lamp functions. In this case, the driver will immediately be informed by dedicated warning messages in the instrument cluster.

RECALL Subject : Tail Lamp Dimming or Failure
Report Receipt Date: APR 11, 2014
NHTSA Campaign Number: 14V177000

Component(s):
Potential Number of Units Affected: 252,867
Vehicle MakeModelModel Year(s)
MERCEDES BENZ C300 2008-2011 MERCEDES BENZ C350 2008-2011 MERCEDES BENZ C63 2008-2011
Manufacturer: Mercedes-Benz USA, LLC.

http://www.benzworld.org/forums/w204-c-class/2007809-tail-light-recall-now-active.html

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Re: My $50 MTA Gift Voucher

Cade — Mon, 18 Apr 2016 09:27:19 +1200

Hi there,
I have previously received change on MTA vouchers at most petrol stations, and accepted this as the norm. It is only gift cards that you can't get change back from, maybe the service station got this a bit mixed up.

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My $50 MTA Gift Voucher

toyhon — Sat, 16 Apr 2016 13:49:54 +1200

Hi,
Yesterday I tried to use my $50 MTA Gift Voucher to purchase a little less than $50 worth of petrol at the new BP station at Richmond, Nelson. I was told that they would not give change on a petrol voucher. I have successfully done this many times in the past ( even at the old Richmond BP ) and am wondering if this is correct, especially as I have previously purchased this voucher from them with money.
Regards
Bill

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Re: Loss of premium after a write off

Cade — Fri, 15 Apr 2016 08:41:02 +1200

Hi there,
It does seem to be a common insurance company policy to not refund the policy fee if there has been a claim, which is exactly what we pay the premium for. However when you are not the party at fault it is that much harder to accept.
I recommend that you speak to a lawyer about the likelihood of claiming losses against the person responsible or insurance company acting on their behalf. Or you may find you can present a claim at a small claims tribunal.

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Loss of premium after a write off

daveygravy — Thu, 14 Apr 2016 14:16:27 +1200

My car has just been written off by the insurers after a no-fault accident and I have received the payment for it. I renewed my premium 4 months ago. I was very surprised to find out that I now cannot receive a refund or transfer the remaining premium I have paid for to a new vehicle. This would have been the case without the crash so it seems to me to be a cost of the accident.

This seems to be a standard terms for car insurance. Can I claim this back from the other at fault party? If so how do I do this?

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Car Accident

purplewater — Wed, 13 Apr 2016 12:29:15 +1200

Hi,

Our car was hit on a flush median while pulling into it to make a right turn by a car (A) which was trying to skip a single lane queue by driving on the flush median. As the car in the single lane queue (B) had left a gap to let us moving into the flush median, our view was blocked by (B) and there is no way that we could see (A) coming. I have attached a diagram showing where our car, car A and car B were, hopefully to make the situation clearer. Are we responsible for the costs to the damages of car A?

Thank you so much for your help.

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Re: Landrover Rear Seat Legality

Cade — Tue, 12 Apr 2016 09:40:58 +1200

Hi there,
The rules are not dependant on roof combination, as the vehicle is not required to have rear seatbelts it applies to all situations. If it has a factory seating position, it can be used in all situations.

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Landrover Rear Seat Legality

okdokie43 — Mon, 11 Apr 2016 11:57:18 +1200

My question is related to my old 1965 SWB landrover I've restored.
It's mainly used at the beach as a bit of fun, it has no seat belts (stock), bench seat/ squabs in the front, and sideways facing seats in the rear tray over the rear wheel arches, with no seat belts (stock).
It has three different stock roof options that I swap around depending on what I'm doing. These are a station-wagon roof, a pickup roof and no roof at all, these are all standard 1965 landrover items. On the registration its a pickup, however most of the time it has no roof on it at all with the windscreen folded down on the bonnet.
My question is the legality around people riding on the rear seats (the stock sideways ones on the rear tray). The seat belt rule can't apply, as it has none, and doesn't legally need them. Also the rules change depending on the roof I fit? For example, if I have the pickup cab on are people allowed to still ride in the tray? If it has no roof can people ride in the tray?

Hope you can help clear this up for me.
Cheers,

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Re: Uneasy about repair done

Cade — Mon, 04 Apr 2016 16:57:30 +1200

Hi there,
Find out a few quotes on prices of parts and labour for the exact job and make sure they accounted for any unforeseen troubles. Use this as a reference point, speak to the repair shop about why you think the repair bill was excessive, or ask for a detailed explanation breakdown of the costs involved. If all else fails and you need resolution/ mediation you may need to go to a dispute tribunal, but make sure you have informed the repair shop that you are unhappy and given them the opportunity to explain or address the situation first.