Oranga Tamariki Act 1989

Youth justice - Disposal of proceedings in Youth Court

293A: Disqualification from driving

You could also call this:

"Losing your driving licence if you break the law"

Illustration for Oranga Tamariki Act 1989

If you are found guilty of an offence in the Youth Court, and the offence is serious enough, the Youth Court can stop you from driving. This can happen if the District Court would have stopped an adult from driving for the same offence, under the Sentencing Act 2002 or the Land Transport Act 1998. The Youth Court can also send you to an Assessment Centre and stop you from driving, as stated in section 65 of the Land Transport Act 1998.

If the Youth Court stops you from driving under section 124 of the Sentencing Act 2002, you will have to follow the rules in sections 124 to 126 of the Sentencing Act 2002. If the Youth Court stops you from driving under the Land Transport Act 1998, you will have to follow the rules in Parts 5 to 7 of the Land Transport Act 1998, with some changes.

When the Youth Court decides whether to stop you from driving, they will consider whether you would have been stopped from driving if you were an adult and had been found guilty in a different court. If you are sent to an Assessment Centre and stopped from driving, you will not have to pay the Assessment Centre fee unless the Youth Court thinks you can pay it within 12 months, as stated in section 65(4) of the Land Transport Act 1998.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM153459.


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Part 4Youth justice
Disposal of proceedings in Youth Court

293ADisqualification from driving

  1. Where a charge against a young person is proved before the Youth Court, and the offence or the circumstances in which it was committed are such that the District Court would, on entering a conviction for that offence,—

  2. be empowered under section 124 of the Sentencing Act 2002 to make an order disqualifying the offender from holding or obtaining a driver's licence; or
    1. be required or empowered under the Land Transport Act 1998 to make an order disqualifying the offender from holding or obtaining a driver's licence; or
      1. be required to make an order under section 65 of the Land Transport Act 1998 requiring the offender to attend an Assessment Centre and disqualifying the person from holding or obtaining a driver's licence,—
        1. then the Youth Court may make such order (being an order of any of the kinds referred to in any of paragraphs (a) to (c)) as would have been obligatory or could have been ordered under any of those sections if the young person were an adult and had been convicted of the offence in a court other than the Youth Court.

        2. Where the Youth Court makes an order pursuant to subsection (1)(a), the provisions of sections 124 to 126 of the Sentencing Act 2002 shall apply accordingly.

        3. Subject to subsection (5), where the Youth Court makes an order pursuant to subsection (1)(b) or (c), Parts 5 to 7 of the Land Transport Act 1998 shall apply, so far as applicable and with any necessary modifications, as if the order had been made under that Act.

        4. In determining, for the purposes of paragraph (b) or paragraph (c) of subsection (1), whether any order would have been obligatory or could have been ordered under any of the sections referred to in either of those paragraphs, a finding (whether made before or after the commencement of this section), by a Children and Young Persons Court or the Youth Court, that a young person is proved to have committed an offence referred to in section 32(1) or section 65(1) of the Land Transport Act 1998 (not being an offence in respect of which an order has been made under section 282 of this Act or section 35 of the Children and Young Persons Act 1974) shall be deemed to be a conviction for that offence.

        5. Where the Youth Court makes an order pursuant to subsection (1)(c) in respect of a young person, that young person shall not be required to pay the Assessment Centre fee payable under section 65(4) of the Land Transport Act 1998 in respect of that order unless the Youth Court, being satisfied that the young person has the capacity to pay that fee within a period of 12 months from the date on which the fee is payable, so orders.

        Notes
        • Section 293A: inserted, on , by section 35(3) of the Social Welfare (Transitional Provisions) Act 1990 (1990 No 26).
        • Section 293A(1): amended, on , by section 261 of the District Court Act 2016 (2016 No 49).
        • Section 293A(1)(a): amended, on , by section 186 of the Sentencing Act 2002 (2002 No 9).
        • Section 293A(1)(b): amended, on , by section 215(1) of the Land Transport Act 1998 (1998 No 110).
        • Section 293A(1)(c): amended, on , by section 215(1) of the Land Transport Act 1998 (1998 No 110).
        • Section 293A(2): amended, on , by section 261 of the District Court Act 2016 (2016 No 49).
        • Section 293A(2): amended, on , by section 186 of the Sentencing Act 2002 (2002 No 9).
        • Section 293A(3): amended, on , by section 261 of the District Court Act 2016 (2016 No 49).
        • Section 293A(3): amended, on , by section 215(1) of the Land Transport Act 1998 (1998 No 110).
        • Section 293A(4): amended, on , by section 261 of the District Court Act 2016 (2016 No 49).
        • Section 293A(4): amended, on , by section 215(1) of the Land Transport Act 1998 (1998 No 110).
        • Section 293A(5): amended, on , by section 261 of the District Court Act 2016 (2016 No 49).
        • Section 293A(5): amended, on , by section 215(1) of the Land Transport Act 1998 (1998 No 110).