Sentencing Act 2002

Sentences, orders, and related matters - Discharge and miscellaneous orders - Disqualification from driving

124: Power of court to disqualify offenders from driving motor vehicles

You could also call this:

"The court can ban you from driving if you commit a crime and a car was involved."

If you are found guilty of a crime that can be punished with prison time, and the crime is not related to the Land Transport Act 1998, the court can stop you from driving. The court can do this if they think using a car helped you commit the crime or helped you run away from the police after committing the crime. The court can decide how long you are not allowed to drive for.

If the court decides to stop you from driving, it can be in addition to, or instead of, any other punishment they give you. The court can also stop you from driving even if another law already allows them to do so. The court's decision will be based on what they think is fair, and they will follow the rules set out in section 125.

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This page was last updated on 26 June 2025

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM136832.

Topics:

Crime and justice > Criminal lawCrime and justice > Courts and legal help

123H: Appeal against decision to make or refuse to make protection order under section 123B is appeal against sentence, or

"Appealing a protection order decision is like appealing a sentence for a crime."

125: Period of disqualification from driving, or

"How long you can't drive if the court takes away your licence"

Part 2Sentences, orders, and related matters
Discharge and miscellaneous orders: Disqualification from driving

124Power of court to disqualify offenders from driving motor vehicles

This section applies if a person is convicted of an offence punishable by imprisonment, not being an offence against the Land Transport Act 1998.
A court may exercise the power in subsection (3) if a person is convicted of an offence referred to in subsection (1) and the court is satisfied that,—
the commission of the offence was facilitated by the use of a motor vehicle by the offender, whether or not the offender was the driver or person in charge; or
a motor vehicle was used by the offender, whether or not the offender was the driver or person in charge, for the purpose of facilitating his or her flight or avoiding his or her detection or arrest after the commission of the offence.

The court may order the offender to be disqualified from holding or obtaining a driver licence within the meaning of the Land Transport Act 1998 for any period in accordance with section 125 that the court thinks fit.
The court may make an order under this section in addition to, or instead of, passing any other sentence or making any other order.
Nothing in this section limits or affects any power of the court under any other enactment to make an order disqualifying any person from holding or obtaining a driver licence.

Compare

1985 No 120 s 83(1), (2), (6)

Notes

Section 124(1): amended, on 10 May 2011, by section 100(3) of the Land Transport (Road Safety and Other Matters) Amendment Act 2011 (2011 No 13).