Liability for Fines
The Hirer is liable for the following infringement offences committed during the hire
- a speeding offence,
- a toll offence,
- an offence for not keeping to a traffic signal direction, detected by vehicle surveillance equipment
- an offence for parking on a road that breaches any bylaw or road controlling authority
- any parking tickets, whether issued by the respective body, including but not limited to Council, Police, or a private company
- an offence against Part 6 of the Land Transport (Road User) Rule 2004, or
- an offence under section 20(1) of the Freedom Camping Act 2001.
- If the hirer commits an infringement offence, the hirer must pay any infringement fee and costs due.
Toll Road Charges
The Hirer is fully responsible for all toll road charges during the rental period.
- Toll payments must be made via the NZTA website before the end of travel or within 5 working days after the use of the toll road.
- If payment is not made on time and a notice is issued, the Kiwi Car rental may:
- Charge the outstanding toll amount plus an administration fee of NZD $25, or
- Transfer the liability to the Hirer and charge an administration fee of NZD $25
Transfer of Liability
- After receiving an infringement notice, Kiwi Car Rental will transfer liability for the offence from us as the registered owner of the vehicle to the hirer as the driver, providing the relevant infringement authority with your name, address, date of birth, and driver’s licence number. Kiwi Car Rental will charge an administration fee of up to $35.00 per infringement to cover the cost of transferring liability.
- If Kiwi Car Rental is unable to transfer liability (e.g., if the infringement doesn’t allow liability to be transferred, or if Kiwi Car Rental does not hold all information necessary to transfer liability), the credit/debit card held on the rental agreement will be charged for the amount of the infringement fee plus a $35.00 administration fee.
- If, as at the completion date of your rental agreement, any costs associated with the hirer’s rental have not been paid, or after the completion date of the rental, the hirer becomes liable for additional costs in relation to the rental, Kiwi Car Rental reserves the right to refer the hirer’s account to a debt collection agency.
- In these circumstances, and solely at Kiwi Car Rental’s discretion, the hirer may become liable for all costs incurred by Kiwi Car Rental in relation to the collection of this debt (including but not limited to internal administration fees, legal fees, collection agency fees, and bank fees).
Right to Dispute
Hirer is entitled to:
- challenge or complain about the alleged offence to the enforcement authority that sent the infringement notice, and
- seek a court hearing, either within 56 days from the date the infringement notice was given, or 28 days from the date the reminder notice was given.
Administration Fees
Where the hirer is responsible for an offence, administration fees are non-refundable, even if the issuing authority later cancels or waives the fine.
