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Criminal Procedure Act 2011

Provisions concerning jurisdiction of District Court - Jurisdiction of District Court presided over by 1 or more Community Magistrates

358: Power to impose penalties provided for in Land Transport Act 1998

You could also call this:

"The court can give you penalties for traffic offences, like fines or stopping you from driving."

Illustration for Criminal Procedure Act 2011

If you plead guilty to a traffic offence, the District Court can give you a penalty. The court can stop you from driving for a certain time. This is called disqualification.

The court can also give you other penalties, like fines. The penalties depend on the type of offence you committed. You can check the Land Transport Act 1998 to see what penalties apply to your offence.

If you commit certain offences, the court must give you a disqualification. For example, if you commit a first or second offence under section 32 of the Land Transport Act 1998, the court must disqualify you from driving for at least 6 months. The court can also give you other penalties, like fines or community service.

In some cases, the court can give you a special licence, like a zero alcohol licence. This means you can only drive if you have no alcohol in your system. You can check section 65AI of the Land Transport Act 1998 to see if you are eligible for a zero alcohol licence.

The court's decision depends on the type of offence you committed and your individual circumstances. You should check the Land Transport Act 1998 to see what penalties apply to your offence.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM3360564.

Topics:
Crime and justice > Criminal lawCrime and justice > Courts and legal helpTransport and travel > Driving
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357: Jurisdiction of Community Magistrates to impose sentence in respect of certain category 1 and 2 offences, or

"Community Magistrates can give sentences for some crimes, but only certain types like fines or community work."

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359: Ancillary powers under subpart 3 of Part 5, Costs in Criminal Cases Act 1967, Sentencing Act 2002, and Land Transport Act 1998, or

"A Community Magistrate has extra powers to help make and enforce court decisions."

Part 7Provisions concerning jurisdiction of District Court
Jurisdiction of District Court presided over by 1 or more Community Magistrates

358Power to impose penalties provided for in Land Transport Act 1998

  1. If a person who is charged with an offence to which section 357 applies pleads guilty to that offence, the District Court presided over by 1 or more Community Magistrates—

  2. may, if that offence is an offence to which section 80 of the Land Transport Act 1998 applies, make, under that section, an order disqualifying the person from holding or obtaining a driver licence for any period that the court thinks fit, whether or not the court imposes any other penalty for the offence:
    1. must, if that offence is a first or second offence to which section 32 of the Land Transport Act 1998 applies, make, in addition to any other penalties it may impose but subject to sections 81 and 94 of that Act, an order under section 32 of that Act disqualifying the person from holding or obtaining a driver licence for 6 months or more, unless the court, for special reasons relating to the offence, thinks fit to order otherwise:
      1. must, if that offence is an offence to which section 33 of the Land Transport Act 1998 applies, make, in addition to any other penalties it may impose but subject to sections 81 and 94 of that Act, an order under section 33 of that Act disqualifying the person from holding or obtaining a driver licence for 6 months or more, unless the court, for special reasons relating to the offence, thinks fit to order otherwise:
        1. must, if that offence is an offence to which section 35 or 38 of the Land Transport Act 1998 applies, make, in addition to any other penalties it may impose but subject to sections 81 and 94 of that Act, an order under section 35 or 38 of that Act disqualifying the person from holding or obtaining a driver licence for 6 months or more, unless the court, for special reasons relating to the offence, thinks fit to order otherwise:
          1. must, if that offence is a first or second offence to which section 56, 57A, 58, or 60 of the Land Transport Act 1998 applies, make, in addition to any other penalties it may impose but subject to sections 81 and 94 of that Act, an order under section 56, 57A, 58, or 60 of that Act disqualifying the person from holding or obtaining a driver licence for 6 months or more, unless the court, for special reasons relating to the offence, thinks fit to order otherwise:
            1. must, if that offence is an offence to which section 57 or 57AA(3) of the Land Transport Act 1998 applies, make, in addition to any other penalties it may impose but subject to sections 81 and 94 of that Act, an order under section 57 or 57AA(3) of that Act disqualifying the person from holding or obtaining a driver licence for 3 months or more, unless the court, for special reasons relating to the offence, thinks fit to order otherwise:
              1. may, if that offence is an offence to which section 59 of the Land Transport Act 1998 applies, make an order under that section disqualifying the person from holding or obtaining a driver licence for any period that the court thinks fit, whether or not the court imposes any other penalty for the offence:
                1. must, if the offence is one to which section 65 of the Land Transport Act 1998 applies, make, subject to subsection (3) of that section, an order under that section requiring the person to attend an Assessment Centre and disqualifying the person from holding or obtaining a driver licence until the Director of Land Transport makes an order under section 100 of that Act removing that disqualification:
                  1. must, if the offence is a qualifying offence as described in section 65AB(1) of the Land Transport Act 1998, impose an alcohol interlock sentence:
                      1. must, if section 65AI of the Land Transport Act 1998 applies, make an order authorising the person to apply for a zero alcohol licence that has effect for a period of 3 years from the date on which the licence is issued:
                        1. must, if the offence is one to which section 63 of the Land Transport Act 1998 applies, make, in addition to any other penalty the court may impose, and despite section 94 of that Act, an order under section 63 of that Act disqualifying the person from driving any vehicle being used in a transport service (other than a rental service) for any period exceeding 1 year but not exceeding 10 years that the court thinks fit:
                          1. must, if that offence is an offence to which section 79D of the Land Transport Act 1998 applies, make, in addition to any other penalties it may impose but subject to sections 81 and 94 of that Act, an order under section 79D of that Act disqualifying the person from holding or obtaining a transport service licence for 6 months or more, unless the court, for special reasons relating to the offence, thinks fit to order otherwise.

                            1. Nothing in this section restricts section 357 or any other duty or power of the District Court presided over by 1 or more Community Magistrates—

                            2. to disqualify any person from holding or obtaining a driver licence; or
                              1. to impose any other penalty.

                                Compare
                                Notes
                                • Section 358(1): amended, on , by section 261 of the District Court Act 2016 (2016 No 49).
                                • Section 358(1)(ba): inserted, on , by section 15(1) of the Criminal Procedure Amendment Act 2013 (2013 No 25).
                                • Section 358(1)(d): amended, on , by section 15(2) of the Criminal Procedure Amendment Act 2013 (2013 No 25).
                                • Section 358(1)(e): amended, on , by section 15(3) of the Criminal Procedure Amendment Act 2013 (2013 No 25).
                                • Section 358(1)(g): amended, on , by section 175(1) of the Land Transport (NZTA) Legislation Amendment Act 2020 (2020 No 48).
                                • Section 358(1)(ga): replaced, on , by section 110(1) of the Land Transport Amendment Act 2017 (2017 No 34).
                                • Section 358(1)(gb): repealed, on , by section 110(1) of the Land Transport Amendment Act 2017 (2017 No 34).
                                • Section 358(1)(gc): inserted, on , by section 15(5) of the Criminal Procedure Amendment Act 2013 (2013 No 25).
                                • Section 358(1)(gc): amended, on , by section 110(1) of the Land Transport Amendment Act 2017 (2017 No 34).
                                • Section 358(1)(i): inserted, on , by section 15(6) of the Criminal Procedure Amendment Act 2013 (2013 No 25).
                                • Section 358(2): amended, on , by section 261 of the District Court Act 2016 (2016 No 49).