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Land Transport Act 1998

Disqualification, demerit points, licence suspension, and vehicle impoundment - Prohibiting sale or disposal of motor vehicles

98B: Appeal of notice to District Court

You could also call this:

“You can ask a judge to look at your notice again”

If you get a notice under section 98A, you can appeal against it to the District Court. The court will look at the reasons given in section 98A(4) to decide if the notice should stay or be cancelled. Even if you appeal, you still have to follow what the notice says until the court makes its decision. The court can either keep the notice in place or cancel it.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM2611438.

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Part 7 Disqualification, demerit points, licence suspension, and vehicle impoundment
Prohibiting sale or disposal of motor vehicles

98BAppeal of notice to District Court

  1. Any person who is given notice under section 98A may appeal to the District Court against the Commissioner's decision to give the notice.

  2. The court must determine the appeal on 1 or more of the grounds specified in section 98A(4).

  3. The court may confirm or cancel the notice.

  4. Every notice appealed against under this section continues in force pending the determination of the appeal, and no person is excused from complying with the notice on the ground that an appeal is pending.

Notes
  • Section 98B: inserted, on , by section 26 of the Land Transport (Enforcement Powers) Amendment Act 2009 (2009 No 36).