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I am wondering whether a car park would be considered a road.

Per Land Transport Act 1998 interpretations a road is:

  • (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 this Act or any other enactment

(d) seems overly broad whereas (a), (b), and (c) are not so I am unsure. Would I be wasting my time trying to argue this in court? I have an infringement for an unregistered car left on a road, which was this open air car park at a council/government owned airport.

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    The NZTA talk about this clause here: nzta.govt.nz/resources/what-is-a-road/what-is-a-road Going by how they talk about it there and the general principles courts have decided to apply, you wouldn't win with your argument. The car park would almost certainly be considered a road for the purposes of your infringement. – Moo Jan 17 at 2:02
  • The link explains that "road" isn't supposed to mean a place that we would normally call a road, but any place where the New Zealand traffic laws apply. And that includes a car park that can be accessed by members of the public (even if the access is not legal, for example if you park in a "customer only" car park without being a customer). In the UK car parks often have signs that the highway code applies, in New Zealand that wouldn't be needed. – gnasher729 Jan 19 at 16:44
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(d) a place to which the public have access, whether as of right or not

Be that broad or not, it applies to airport car parks.

Would I be wasting my time trying to argue this in court?

Pretty much.

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