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stakatclear.net.nz

Hi - I have just received a $200 infringement notice for a boat trailer with an expired rego parked on a council easement (we pay annual rent) adjacent to our property in Wellington. The trailer was not on the road and is immediately next to but not infringing on the footpath. I typically park up the boat and trailer over winter May - Oct (let the rego expire) and re-reg in Nov for the next 6 months. The WOF was current/all good.

Is this koshe/do I have a case?

Cheers

Anon

Hi there,
The road user rule defines the road as outlined below:
road includes—
(a) a street; and
(b) a motorway; and
(c) a beach; and
(d) a place to which the public have access, whether as of right or not; and
(e) all bridges, culverts, ferries, and fords forming part of a road or street or motorway or a place referred to in paragraph (d); and
(f) all sites at which vehicles may be weighed for the purposes of the Act or any other enactment.
So with this in mind, the enforcement officer deems the easement to be a road, and therefore a vehicle parked there must display a current wof and reg.
Paying rental gives you permission to park (like a car park) but the vehicle still has to be legal.