Question Details: My sister was driving my car when she was pulled over. She told the officer that she had been disqualified due to a drink driving conviction. My car was impounded. The police officer told me that I could appeal the impoundment because I genuinely didn't know that she had lost her licence. How would I go about doing so?
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You can appeal the impoundment of your car by lodging a statutory declaration with the Police within 14 days after the date that your car was impounded. In this instance your statutory declaration will need to state that you did not know, and could not reasonably have been expected to know, that your sister was not permitted to drive, and you should give reasons why that is the case. Your local Police Station will probably have a template statutory declaration for you to fill in.
The Police must decide whether to accept or refuse your appeal within 5 working days after the date that you lodge it. If your appeal is accepted, your vehicle must be returned to you straight away. If your appeal is refused, you can appeal to the District Court against the Police's decision.
More information on appealing the impoundment of vehicles is available here: www.communitylaw.org.nz
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