iSAYSO
Authority to Countermand Lawful Certification
Subject: Re: Vehicle Stop 11 January 2026 Authority to Countermand Lawful Certification
Paula,
Thank you for your response.
For clarity, we are not disputing vehicle safety, nor are we engaging in an argument about Warrant of Fitness standards.
The vehicle in question was:
Fully insured at the time of the stop;
Covered by a current Certificate of Fitness, issued through a mechanic engaged by the private trust; and
Operating under a certification regime that has previously been recognised by an insurer, including a recent claim payout of approximately $20,000 on another vehicle operating under the same private plates and certification framework.
In that instance:
The vehicle carried the same style of private plates;
The vehicle held a certificate of fitness issued through the trust’s mechanic; and
The insurer accepted the certification and paid out the claim in full.
Against that background, the issue is not safety.
The issue is authority.
Accordingly, please clarify:
By whose authority did Police countermand a vehicle that was warranted, insured, and certified as fit for use?
In particular, please identify:
The authority holder (person or office) under whose authority officers rejected the existing certificate of fitness;
The instrument conferring authority permitting Police to override or disregard that certification;
The statutory source relied upon for that authority;
The date the authority took effect; and
The scope and limits of any such power.
Absent identification of such authority, it is unclear on what lawful basis Police rejected a valid certificate of fitness and treated the vehicle as non-compliant.
This question is not rhetorical. It goes to whether Police acted within jurisdiction, or whether they purported to exercise a power they do not hold.
Please treat this clarification as part of the existing Official Information Act request.
Tracy Lynch
On Jan 21, 2026 at 8:14 AM, <Paula ENOKA> wrote:
Kia Ora Tracy,
I have attempted to respond to your questions sufficiently and I understand that this may not be the answers you were hoping for.
A summary of the circumstances are as follows:
- On the 11th January 2026 the vehicle in question was stopped by Police
- The vehicle has the lawful registration plate of CORGI2.
- The vehicle at the time of being stopped had a facsimile (false) registration plate of TRUST.
- The vehicle’s licence label lapsed on 01/09/2024 and is shown that it should not be on an operating vehicle
- The Warrant of Fitness expired on 22/02/2025
- The officer issued Mr Clark Infringements for – the expired warrant of fitness, expired licence label and unauthorised registration plates. This was accompanied with a non-operation order being fixed to the vehicle
- Mr Clark commits an offence under Section 34(1)(b) for not having a current Warrant of Fitness while operating the vehicle on a road.
- Mr Clark commits an offence under the Land Transport (Motor Vehicle registration and Licensing) Regulations 2011, Regulation 77(1)(a) for using an unlicensed motor vehicle – should not be used on the road.
- Mr Clark commits an offence under the Land Transport (Motor Vehicle registration and Licensing) Regulations 2011, Regulation 85(1)(a) – Displayed other than authorised registration plate
The legislation relied upon by the officers that engaged with Mr Clark refer to the Land Transport Act 1988, specifically:
The Land Transport Act 1998, Section 6, – vehicle is required to be safe and operated in compliance with the rules.
The Land Trasport Act 1998, Section 115(1) Non operation order (Green Sticker )
115 Enforcement officers may give directions prohibiting driving of vehicles
(1) An enforcement officer who believes on reasonable grounds that a vehicle does not comply with the regulations or the rules or a particular requirement of the regulations or the rules, may—
(a) affix or cause to be affixed to the vehicle a notice in the form approved by the Minister by notice in the Gazette directing that the vehicle must not be driven on a road; and
(b)give the driver or owner of the vehicle a notice in a form approved by the Minister by notice in the Gazette directing that the vehicle must not be driven on a road.
Land Transport Amendment Act 2009, Part 17, Section 265 (2)(a) and (3) authorises Police the seizure the false registration plates from this vehicle.
- Surrender and seizure of registration plates and facsimile plates
“(1) The Registrar may order the surrender of—
-
- “(a)any registration plates if the Registrar is satisfied that the plates—
- “(i)are affixed to a motor vehicle other than the motor vehicle to which they may be lawfully affixed; or
- “(ii)being ordinary plates, are not affixed to a motor vehicle; or
- “(iii)have been issued in error or are being used (or are likely to be used) unlawfully; or
- “(b)personalised plates if the Registrar has received a complaint about the plates and considers they are likely to cause offence or confusion; or
- “(c)facsimile plates.
- “(a)any registration plates if the Registrar is satisfied that the plates—
“(2) An enforcement officer may seize any registration plates if the enforcement officer is satisfied that the plates—
-
- “(a) are affixed to a motor vehicle other than the motor vehicle to which they may be lawfully affixed; or
- “(b) being ordinary plates, are not affixed to a motor vehicle; or
- “(c) have been issued in error or are being used (or are likely to be used) unlawfully; or
- “(d) have been ordered by the Registrar to be surrendered under subsection (1) or in accordance with any regulations.
“(3) An enforcement officer may seize and destroy any facsimile plates.
“(4) For the purposes of subsections (1)(c) and (3), facsimile plate means any thing that is not a registration plate but is made to appear as if it is a registration plate.
In answer to your OIA – I will send that on your behalf to the Official Information Requests team to respond to.
Regards and thank you
Paula
Paula Enoka
Area Commander
Otago Lakes Central
P +64 3 441 1623
M +64 21 1914130