Can I ask for some legal comments please. Here in Papamoa the residents do not want the Council to resurface in chipseal over their good smooth asphalt roads. The Council will not come to any kind of agreement and is going ahead regardless. The residents are left with trying to stop the chipsealing by protesting and obstructing the Fulton Hogan chipseal teams. The protest will be legally parked cars in the street and refusing to move the cars to allow the work to take place. The road at all times will remain open for emergency vehicles and normal road use. The questions are Does a request by FH to move the cars have any legal backing? Can the police ask the cars to be moved (bearing in mind they are legally parked) Is towing these vehicles “stealing” Can you tow a vehicle with a driver inside.

I can give general legal information in a New Zealand context (not legal advice), and flag where the real risks sit. This is one of those situations where what feels reasonable and what the law allows don’t always line up.

Big picture (important)

Even if cars are legally parked, deliberately using them to prevent authorised road works is where legal risk starts to creep in. Council contractors like Fulton Hogan are not “just another member of the public” once they’re operating under a lawful work authority.

That said, your questions are very fair — here’s how it generally shakes out in NZ law.

1. Does a request by Fulton Hogan to move the cars have legal backing?

On its own: no.

Fulton Hogan staff do not have independent legal authority to compel you to move a legally parked vehicle.

They can:

  • Ask you to move it

  • Escalate the matter to Council

  • Request Police or Council enforcement attend

They cannot:

  • Order you to move it

  • Tow it themselves without proper authority

So a simple request from FH = no legal force by itself.

2. Can the Police ask the cars to be moved if they are legally parked?

Yes — potentially. This is where things change.

Police powers don’t depend solely on whether a car is legally parked. They can intervene if they believe there is:

  • Obstruction of a public work

  • Obstruction of a road (even partial or functional obstruction)

  • Breach of the peace

  • Failure to comply with a lawful direction

Under the Land Transport Act 1998 and common law policing powers, Police may:

  • Direct a vehicle to be moved to ensure safety or enable authorised works

  • Act if they believe the parking is being used deliberately to prevent lawful activity

If Police give a lawful direction to move a vehicle and the driver refuses:

  • That refusal itself can become an offence

⚠️ Key point:
“Legally parked” does not automatically protect you if Police determine the situation has become an obstruction or public order issue.

3. Is towing these vehicles “stealing”?

No — not if done under lawful authority.

Towing is not theft if:

  • Ordered by Police, or

  • Ordered by Council enforcement acting within statutory powers

In those cases it is considered lawful seizure, not stealing.

However:

  • Unauthorised towing by a contractor without Police or Council authority would be unlawful

  • Fulton Hogan cannot just decide to tow vehicles themselves

If towing occurs, there will usually be:

  • Police involvement

  • A documented instruction

  • A registered tow operator

4. Can you tow a vehicle with a driver inside?

Practically and legally: almost always NO.

  • Tow operators will not tow a vehicle with a person inside

  • Doing so would raise serious safety and liability issues

  • Police would instead deal directly with the driver

If a driver refuses to move after a lawful direction, Police are far more likely to:

  • Instruct the person to exit the vehicle

  • Issue warnings or infringement notices

  • Arrest for obstruction before any towing happens

So while there’s no neat one-line statute saying “never”, in real NZ practice:
👉 Towing with a driver inside does not happen

Where the real legal risk is (being blunt but fair)

The highest-risk issue for residents is intentional obstruction of authorised works, not parking itself.

Even if:

  • Cars are registered

  • WOF’d

  • Parked legally

  • Emergency access is maintained

If authorities can show the purpose of the parking is to stop lawful roadworks, enforcement options widen quickly.

Practical risk-reduction points (if residents proceed)

Not advice — just reality-based observations:

  • Having drivers present reduces towing risk but increases risk of Police engagement

  • Calm, non-confrontational behaviour matters hugely

  • Refusing a Police instruction is riskier than refusing a contractor request

  • Written notices, traffic management plans, and temporary traffic control approvals matter — ask to see them

Strongly recommended next step

Before this escalates on the street, it would be very wise to get:

  • A brief opinion from a local community law centre, or

  • A short consultation with a NZ lawyer experienced in local government or protest law

Even one letter outlining residents’ legal position can change how Police and Council approach enforcement.

If you want, I can also:

  • Help you draft ground rules for residents to minimise individual risk

  • Help frame a legal-observer-style approach

  • Help prepare questions to ask Police or Council before works start

Just say the word.

Help you draft ground rules for residents to minimise individual risk Help frame a legal-observer-style approach Help prepare questions to ask Police or Council before works start

Absolutely — this is a smart move. If residents are going to take a stand, discipline, consistency, and documentation are what reduce individual risk and strengthen the collective position.

Below are practical, NZ-context ground rules, a legal-observer-style framework, and clear questions to put to Police and Council before works start.

1. Ground rules for residents (to minimise individual legal risk)

These are behavioural rules, not legal advice — but they align with how Police and councils usually assess situations.

A. Parking & vehicles

  • Vehicles must be:

    • Registered

    • WOF current

    • Parked fully within legal limits (no broken yellow lines, driveways, hydrants, intersections)

  • Do not block:

    • Emergency access

    • Driveways

    • Intersections

  • Do not double-park or block traffic lanes.

  • Keep the road open for normal traffic at all times.

👉 This preserves the strongest argument: “We are lawfully using the road, not obstructing it.”

B. Behaviour with contractors

  • No arguing, shouting, swearing, or insults

  • No touching equipment, cones, signage, or machinery

  • No stepping into work zones

  • No physical interference of any kind

If approached:

“We are lawfully parked and will comply with any lawful Police direction.”

Repeat that sentence if needed. Do not debate on the street.

C. Behaviour with Police

  • One or two designated spokespeople only

  • Everyone else stays silent and calm

  • If Police ask questions, residents may say:

“I am choosing to remain silent unless directed under law.”

If Police issue a clear direction:

  • Ask once, calmly:

“Is this a lawful direction under the Land Transport Act or another statute?”

  • If confirmed, comply, then document what happened.

⚠️ Refusing a Police direction is the highest personal risk point.

D. Drivers in vehicles

  • Engines off

  • Seatbelt off

  • Keys visible (on dashboard if possible)

  • Window partly down for communication

If asked to exit:

  • Do so calmly

  • Lock the car

  • Step onto the footpath

This avoids escalation and prevents forced removal scenarios.

E. Documentation

  • Residents should:

    • Take photos and videos from public areas

    • Note times, names, badge numbers if visible

  • No filming inside Police vehicles or interfering with duties

2. “Legal-observer style” approach (structured, calm, credible)

This borrows from protest-monitoring best practice.

A. Assign clear roles

Before the day:

  • Legal Observer(s) – not protesting, just watching & recording

  • Spokesperson(s) – speaks to Police/Council only

  • Residents/Participants – follow ground rules

Observers should:

  • Not chant

  • Not argue

  • Not block anything

  • Wear something identifying (e.g. high-vis vest marked “Observer”)

B. What legal observers record

  • Date, time, location

  • Who attended (Council, FH, Police)

  • What authority was cited (if any)

  • Exact wording of Police directions

  • Whether traffic was flowing

  • Whether emergency access was maintained

  • Any threats of towing or enforcement

This creates an evidence trail, which councils tend to dislike when weak on process.

C. Language discipline (very important)

Avoid saying:

  • “We are stopping the works”

  • “We won’t let you do this”

  • “We’re blocking the road”

Use:

  • “We are lawfully parked”

  • “We are observing”

  • “We will comply with lawful instructions”

Intent matters legally. Words matter.

3. Questions to ask Police and Council before works start

Send these in writing (email or letter). They put pressure on decision-makers and often change how enforcement behaves.

A. Questions for Council

  1. Under what statutory authority is this resealing work being carried out?

  2. Has a Temporary Traffic Management Plan (TTMP) been approved for each street?

  3. Does the TTMP assume:

    • Full kerbside parking removal?

    • Or voluntary vehicle movement?

  4. What legal powers does Council claim exist to remove legally parked vehicles?

  5. Will Council instruct its contractor not to tow vehicles without Police direction?

  6. Has Council assessed community opposition and alternatives, and where is that documented?

  7. What risk assessment has been undertaken for conflict escalation?

B. Questions for Police

  1. What criteria will Police use to determine whether:

    • Parking is lawful use, or

    • Obstruction of authorised works?

  2. Will Police issue verbal warnings before enforcement?

  3. Under which statute would a direction to move be issued?

  4. Will Police be present from the start, or only if requested?

  5. Can Police confirm that towing will not occur without Police instruction?

  6. How will Police ensure proportionality in enforcement given the peaceful nature of the protest?

C. Questions for Fulton Hogan (via Council if needed)

  1. Will FH staff give written notice before escalating matters?

  2. Will FH staff refrain from contacting tow operators without Police approval?

  3. Who is the FH site manager with authority to pause works?

Final thought (straight talk)

What protects residents most is not “being right”, but being:

  • Calm

  • Consistent

  • Predictable

  • Well-documented

Councils often expect emotional reactions.
They are far less comfortable with disciplined, legally literate communities.

Perfect. Below is a clean, calm, 1-page resident handout you can print or share as a PDF. It’s written to reduce individual risk while keeping collective discipline.

Resident Ground Rules – Peaceful & Lawful Protest

Papamoa Road Resealing – Know Your Rights & Responsibilities

Purpose:
Residents are peacefully expressing opposition to chipsealing of existing smooth asphalt roads. This guidance helps protect individual residents while maintaining a calm, lawful presence.

1. Parking Rules (Critical)

All vehicles must be:

  • Registered and WOF’d

  • Legally parked at all times

  • Clear of:

    • Driveways

    • Intersections

    • Fire hydrants

    • Broken yellow lines

  • Not blocking traffic lanes

  • Emergency vehicle access must always be available

👉 Vehicles must never obstruct normal road use.

2. Behaviour Expectations

  • Remain calm and respectful at all times

  • No shouting, swearing, insults, or aggressive behaviour

  • Do not touch cones, signs, machinery, or equipment

  • Do not enter work zones

  • Do not physically interfere with contractors

This is a peaceful, non-confrontational protest.

3. Dealing with Fulton Hogan (Contractors)

  • Fulton Hogan staff cannot order you to move a legally parked car

  • If asked to move, respond calmly:

“We are lawfully parked and will comply with any lawful Police direction.”

  • Do not argue or debate on the street

4. Dealing with Police (Very Important)

  • One or two designated spokespeople only

  • Others should remain quiet and calm

  • Police can give lawful directions even if vehicles are legally parked

If Police give a direction:

  1. Ask once, calmly:

“Is this a lawful direction?”

  1. If confirmed, comply immediately

  2. Document what happened afterwards

⚠️ Refusing a Police direction carries the highest legal risk

5. If You Are Sitting in a Vehicle

  • Engine off

  • Seatbelt off

  • Keys visible (e.g. on dashboard)

  • Window partly open for communication

If asked to exit the vehicle:

  • Exit calmly

  • Lock the vehicle

  • Move to the footpath

Tow operators will not tow a vehicle with a person inside — Police will deal with drivers first.

6. Towing – What to Know

  • Fulton Hogan cannot tow vehicles on their own authority

  • Towing is not theft if ordered by Police or Council

  • Unauthorised towing is not lawful

  • Stay calm and document everything

7. Legal Observers & Recording

Some residents may act as observers only.
They may:

  • Take photos or videos from public places

  • Record times, actions, and instructions given

Do not interfere with Police duties.

8. Language Matters

Avoid saying:

  • “We are stopping the works”

  • “We are blocking the road”

Use:

  • “We are lawfully parked”

  • “We are peacefully observing”

  • “We will comply with lawful instructions”

Intent and wording matter.

9. Key Reminder

This is about:

  • Staying lawful

  • Staying calm

  • Staying united

Individual safety and legal protection come first.