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Land Transport Act 1998

Offences relating to driving (other than alcohol- and drug-related offences) and penalties - Offences relating to driving (other than offences involving alcohol or drugs)

36AA: Contravention of section 7 by causing death of another person

You could also call this:

“Causing someone's death by driving dangerously”

You commit an offence if you drive a motor vehicle recklessly or dangerously and cause someone’s death. This can happen if you drive in a way that might be dangerous to the public or another person, considering all the circumstances.

If you are found guilty of this offence, you could go to prison for up to 10 years or be fined up to $20,000. The court must also stop you from having a driver licence for at least 1 year.

In some cases, if this offence is related to drink driving, the time you’re not allowed to drive might be different. The court looks at special rules to decide this.

Sometimes, the court might not stop you from driving if there are special reasons related to the offence. But this doesn’t happen very often.

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This page was last updated on

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM3820293.

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36: Contravention of section 7 or section 22 involving injury, or

"Breaking driving rules and causing injury"

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36A: Contravention of section 22A, or

"Breaking the rules about unsafe driving and road safety"

Part 5 Offences relating to driving (other than alcohol- and drug-related offences) and penalties
Offences relating to driving (other than offences involving alcohol or drugs)

36AAContravention of section 7 by causing death of another person

  1. A person commits an offence if the person—

  2. drives or causes to be driven a motor vehicle recklessly and by that act or omission causes the death of another person; or
    1. drives or causes a motor vehicle to be driven at a speed or in a manner that, having regard to all the circumstances, is or might be dangerous to the public or to a person and, by that act or omission, causes the death of another person.

      1. If a person is convicted of an offence against subsection (1),—

      2. the maximum penalty is imprisonment for a term not exceeding 10 years or a fine not exceeding $20,000; and
        1. the court must order the person to be disqualified from holding or obtaining a driver licence for 1 year or more.

          1. If an offence against subsection (1) is a concurrent offence in relation to a qualifying offence for an alcohol interlock sentence, then the mandatory disqualification in subsection (2)(b) is the period of disqualification for the purposes of section 65AE(d) (see section 65AH(3)(a)).

          2. The imposition of a mandatory disqualification under this section is subject to section 81 (which allows a court not to order disqualification for special reasons relating to the offence).

          Notes
          • Section 36AA: inserted, on , by section 20 of the Land Transport (Road Safety and Other Matters) Amendment Act 2011 (2011 No 13).
          • Section 36AA(1): amended, on , by section 413 of the Criminal Procedure Act 2011 (2011 No 81).
          • Section 36AA(2A): inserted, on , by section 10(1) of the Land Transport Amendment Act 2017 (2017 No 34).
          • Section 36AA(3): replaced, on , by section 10(2) of the Land Transport Amendment Act 2017 (2017 No 34).