Judges put brakes on crushing boy racer cars, says legal expert

Saturday, 13 June 2026

Not a single boy racer car has been crushed by authorities in Waikato in the last five years, with one justice expert saying courts are “sympathetic” and avoid it.

The lack of action is despite the introduction of new police powers to seize and destroy vehicles and Waikato bylaws aimed at stamping out the menace of boy racers and illegal street racing.

The situation was revealed in an Official Information Act response from the Ministry of Justice, seeking figures for the confiscation and destruction of motor vehicles.

“No instances were identified in the Waikato region between January 1, 2021 to December 31, 2025, where the most serious offence was illegal street racing.”

What’s more, no infringement notices have been issued under car curfews introduced by bylaws in parts of Waipā (from late 2024) and Waikato Districts (late 2025), police said.

University of Canterbury emeritus professor Greg Newbold said judges’ discretion may be why no cars have been crushed.

“I am surprised, but then I’m not very surprised [at the OIA data],” Newbold said.

“When (former Justice Minister) Judith Collins tried to bring in the car-crushing legislation, that didn’t work either because I think the judges won’t go along with it.”

Newbold said courts often view vehicle confiscation or crushing as a disproportionate punishment unless the offending is particularly serious.

“Judges tend to be pretty sympathetic about these things and, unless the offence the owner has committed is very, very serious, they feel that to confiscate the car, or crush the car, is excessive.”

Newbold said the solution was not necessarily harsher penalties, but laws that clearly define offences and require mandatory consequences for serious breaches.

“The offence needs to be very clearly defined and the penalty needs to be made mandatory, or almost mandatory,” he said.

“There needs to be certainty. It’s no good having a situation where sometimes the law is applied and sometimes it isn’t.”

He warned lawmakers face a difficult balancing act between targeting dangerous offenders and avoiding overly harsh penalties for minor misconduct.

“You can’t go over the top and say every time someone does a burnout they’re going to lose their car,” he said.

“But in situations where human life or wellbeing is threatened, there needs to be very strict and certain consequences.”

Waikato Police District prevention manager Hywel Jones said the lack of seize-and-destroy orders isn’t a reflection of what’s happening on Waikato’s roads.

“Police continue to see, and target, anti social road user behaviour in the Waikato District,” he said.

“We understand how frustrating this activity is to our community, and Police takes this behaviour seriously.

“These activities are dangerous, and can have dangerous and long lasting consequences, as we have seen in the past.”

He also said police “appreciate any bylaw or regulations that assist us in doing anything”.

As to whether the council bylaws are worthwhile, for Waikato District Mayor Aksel Bech, it’s not just down to the crunch of crushed car numbers.

“I would not judge the success of the bylaw solely on the number of vehicles seized or destroyed,” he said.

“If the bylaw helps deter behaviour, gives Police additional enforcement options and improves the sense of safety for residents and businesses, then it is serving an important purpose and we continue to support Police in their enforcement activities.”

He said the purpose of the bylaw was to give police an additional tool “to help manage anti-social driving and improve safety for residents, businesses and road users in areas that had been significantly affected by boy racer activity rather than a tally or target of vehicles seized”.

“We know this type of behaviour can have a real impact on communities. Residents have told us about noise, intimidation, dangerous driving and sleepless nights. That is not acceptable,” he said.

“While enforcement sits with Police, Council's role is to respond to community concerns where we can and provide practical tools that support safer outcomes.

“The bylaw is one of those tools and Police have given us feedback to say these bylaws are useful to them – though responding to an incident remains subject to have patrol cars available at any given moment.“

He said council receives “occasional reports” of anti-social driving, “although the frequency and severity can vary over time and between locations”.

“Any activity that puts people at risk remains a concern,” he said.

Waipā Mayor Mike Pettit told the Waikato Times that “Honestly, the low number of seizures doesn't surprise me much”.

“The legal threshold for seizing or destroying a vehicle is high, and those decisions sit with Police. That was always the case,” he said.

He said they still saw “boy racer” behaviour, and while it’s “not as visible as it once was” he said it was “not something we're comfortable accepting”

He also said the bylaw was worthwhile.

“No single measure will solve this on its own. What works is a combination - visible policing, community reporting, and strong enforcement tools.

Newbold was also sceptical that councils could simply “bylaw their way” out of the problem, saying illegal street racing remains a complex social issue.

“Young men love racing cars around. We know that. We’ve all been young ourselves,” he said.

Ultimately, he said, any meaningful crackdown would require carefully drafted legislation that leaves little room for inconsistent enforcement.

“It would require some very tricky drafting,” he said, “but there need to be sure consequences for those who transgress the law.”

Jones told the Waikato Times that anyone who spots illegal vehicle activity should call 111 with as much information as safely possible.

“Information like photos and videos, or details of vehicles, people, clothing, and registrations, are all incredibly useful to us in our enquiries.”