Business owner seeking $20k for truck seizure

Brian May is seeking $20k in damages against the Whangarei District Council for seizure of his truck.

A businessman involved in a protracted legal battle with the Whangarei District Council is seeking nearly $20,000 in damages from the territorial authority and two other companies for the seizure of his truck.

Brian May, owner of Magic Tyres and Mags, has filed three causes of action - trespass to goods, conversion, and negligence - against the council in the Whangarei District Court.

A hearing date is yet to be confirmed.

His Isuzu truck, now worth $1500, was seized in January 2013 from outside his former business premises on Okara Dr for displaying advertising signs the council said breached its bylaws.

Mr May challenged the seizure and Judge Keith de Ridder ruled in June last year the council seized the truck on grounds that did not permit it to do so. The judge dismissed the council's application for an order to dispose of the truck and recoup costs which then stood at $3270.

The truck was returned to Mr May but he claimed the vehicle was "rotten"and of no use to him after being kept outside. He said the seizure of his truck was without lawful authority and the warrants relied on were undated and unsigned.

Mr May is seeking nearly $9000 for his truck, $10,000 in general damages, $414 for the signs that were seized, plus interest and costs from the council, Environmental Northland and Tow Team Limited.

But the council argued that a warrant was not required to seize the truck.

The council said contrary to Mr May's claim, the property on which the truck was parked at Okara Dr when it was seized was a public place.

In its statement of defence, Environmental Northland said it did not owe Mr May a duty of care and even if there was one, it did not breach that duty.

Environmental Northland argued it acted under the instructions of and as an agent of the council and therefore acted with lawful authority as authorised by the Signs' Bylaw and the Local Government Act 2003.

Tow Team Limited also said it acted under the authority of the council.

In July, the council was forced to apologise to Mr May for demanding $10,000 in storage costs for the truck.

The council spent nearly $29,000 in costs, including lawyers' fees fighting the case and towing and storage charges, trying to dispose off the truck.