Abandoned bike?

**unstuck** · 9th January 2015, 09:36

Fuck me, If you aint gonna take it then I'm gonna grab it when Im up there next week.

**Virago** · 9th January 2015, 09:41

Originally Posted by tmc98

...rego will lapse in April this year...

Originally Posted by tmc98

...if you read above you will note that the rego is expired and has been for 8 months...

Which of these is correct?

**rustyrobot** · 9th January 2015, 09:57

Originally Posted by Autech

Interesting situation... Possession is 9/10ths....

Just to be clear - I obviously don't know what I am talking about.

**BlackSheepLogic** · 9th January 2015, 10:08

Originally Posted by tmc98

Look I'm not trying to steal a bike, and if you read above you will note that the rego is expired and has been for 8 months and no current owner is listed. Anyhow thanks for all the feed back she's bit of a delicate situation

It's not a delicate situation at all. It's not yours - no if's but' or and's. It's legal to park a bike on the side of the road. You can call the city and ask for it to be removed, they will but a slip on and if the owner does not move it the city will eventually remove it.

**Autech** · 9th January 2015, 10:23

Originally Posted by rustyrobot

Just to be clear - what this actually means is that if you are in possession of the item there's a 90% chance you'll be guilty of stealing it. Poorly paraphrased (IANAL) - but sure HDC can confirm.

What I understand it means is that the item is in your possession you have a stronger claim to it than someone who merely claims that it is theirs. Basically the onus is then placed on someone else to prove that it is not yours and is in fact theirs.
In this case the bike has no registered owner and has been sitting on the side of the road for months now. Were the OP to wheel it down to his house it would then be in his possession. If the bike were mine and I was the chap who left it sitting there for a few months, I would need to go to him (or the Police) with proof that it is in fact mine. I'm no lawyer though, just a chap behind a keyboard.

**rustyrobot** · 9th January 2015, 10:46

Originally Posted by Autech

What I understand it means is...

correct

Not sure where I got the mis-construed meaning from. Duh.

**Ntoxcated** · 9th January 2015, 10:56

Originally Posted by tmc98

... rego will lapse in April this year ...

Originally Posted by tmc98

... if you read above you will note that the rego is expired and has been for 8 months

Originally Posted by Virago

Which of these is correct?

Both are correct as I see it. The rego (actually meaning the license) expired 8 months ago which means that the registration (plate number) will lapse 12 months later - April.

**tmc98** · 9th January 2015, 11:02

Originally Posted by BlackSheepLogic

It's not a delicate situation at all. It's not yours - no if's but' or and's. It's legal to park a bike on the side of the road. You can call the city and ask for it to be removed, they will but a slip on and if the owner does not move it the city will eventually remove it.

Yup very true, not arguing that point, I was trying to find out if there is a way to legally acquire it. Not just lift it. .

**JimO** · 9th January 2015, 11:23

im no lawyer or even a doctor but as i understand it under maritime law if it was a boat and you found it you can claim it so hiff it in the ocean,"find" it and haypresto tis yours

**Virago** · 9th January 2015, 11:35

Originally Posted by Ntoxcated

Both are correct as I see it. The rego (actually meaning the license) expired 8 months ago which means that the registration (plate number) will lapse 12 months later - April.

Cool. If that is the case the OP can report it to the local council now. They will go through the lengthy process of ticketing, removal, public notification, disposal. The OP can ask to be notified at disposal time - he may be given the option for tendering.

As I see it, that's the only legal avenue. It's not a police matter, it's a local council issue.

**BlackSheepLogic** · 9th January 2015, 13:12

Originally Posted by Autech

What I understand it means is that the item is in your possession you have a stronger claim to it than someone who merely claims that it is theirs. Basically the onus is then placed on someone else to prove that it is not yours and is in fact theirs..

No, that's call theft if your not the legal owner of the bike and you don't have the legal owners permission to "care" for it.

If you wander down to the AA to do a change of ownership telling them that you found the bike parked on the street, rides well and you would like to keep it, the judge is unlikely to consider that being blessed by the KB community as mitigating circumstances when sentencing.

Reporting it to the city may eventually lead to the bike legally being sold by the city if unclaimed. It won't be a fast process and it won't end up with a free bike.

**Autech** · 9th January 2015, 14:30

Originally Posted by JimO

im no lawyer or even a doctor but as i understand it under maritime law if it was a boat and you found it you can claim it so hiff it in the ocean,"find" it and haypresto tis yours

Would a bucket of water suffice?

Originally Posted by BlackSheepLogic

No, that's call theft if your not the legal owner of the bike and you don't have the legal owners permission to "care" for it.

If you wander down to the AA to do a change of ownership telling them that you found the bike parked on the street, rides well and you would like to keep it, the judge is unlikely to consider that being blessed by the KB community as mitigating circumstances when sentencing.

Reporting it to the city may eventually lead to the bike legally being sold by the city if unclaimed. It won't be a fast process and it won't end up with a free bike.

Ahh but when does the legal "owner" no longer own it? Here's what I could find (bless the internets): from this articlehttp://www.legislation.govt.nz/act/p...DLM420702.html
I think the OP should offer to remove the bike and store it while the council goes about the steps of notifying the owner. Once the notice period is up they could chose to "otherwise dispose of the vehicle in such manner as the council thinks fit, and any person to whom such a vehicle is sold or disposed of shall thereupon become the lawful owner of the vehicle"

Basically the OP offers to do the work of removing the vehicle and storing it as they would generally use to get a towing firm etc to do and in repayment to him he gets to keep it if it is unclaimed as it probably wouldn't be worth their while to go about selling it. Seems like a lot of legal kerfuffle for one abandoned 250!

Someone get a phuckin lawyer in on this thread already!

I agree the cleanest way of going about this would be with the local council, though the OP seems to think no one really gives a toss about this bike. Were it a burnt out car it might get attention I guess.

I go back to my theory of this being a travelers hack for a south island trip.