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Land Transport Act 1998

Disqualification, demerit points, licence suspension, and vehicle impoundment - Mandatory suspension of driver licence

95A: Extension of 28-day suspension period of driver licence under section 95

You could also call this:

“Police can ask a judge to make your driver's licence suspension longer”

If your driver’s licence has been suspended for 28 days, the police can ask a judge to make the suspension longer. Here’s how it works:

A police officer who is an inspector or higher can apply to a judge to extend your suspension. They need to tell you in writing before they do this. The police officer must explain why they think the suspension needs to be longer.

The police can only ask to extend your suspension up to three times. If the judge agrees, they can add up to 28 more days to your suspension each time.

If the judge decides to make your suspension longer, you can appeal to the High Court. This means you can ask a higher court to look at the decision again. The High Court can agree with the first decision, change it, or cancel it.

Even if you appeal, you still have to follow the suspension while you wait for the High Court’s decision. You can’t drive just because you’re waiting to hear about your appeal.

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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=DLM3820327.

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95: Mandatory 28-day suspension of driver licence in certain circumstances, or

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Part 7 Disqualification, demerit points, licence suspension, and vehicle impoundment
Mandatory suspension of driver licence

95AExtension of 28-day suspension period of driver licence under section 95

  1. A Police employee holding the office of constable and who is of or above the position of inspector may, after giving notice in writing to the person whose driver licence has been suspended, apply to a District Court Judge for an order extending the 28-day suspension period referred to in section 95(2)(b).

  2. An application must specify the circumstances that make it necessary to extend the 28-day suspension period.

  3. The maximum number of applications that may be made under this section in respect of a suspended driver licence is 3.

  4. The District Court may order that the driver licence be suspended for a further period not exceeding 28 days.

  5. A person whose driver licence has been suspended for a further period not exceeding 28 days by an order made under subsection (4) may appeal to the High Court against that order.

  6. The High Court may confirm, reverse, or modify the order appealed against.

  7. Every order appealed against under this section continues in force pending the determination of the appeal, and no person is excused from complying with any of the provisions of this Act on the ground that any appeal is pending.

Notes
  • Section 95A: inserted, on , by section 58 of the Land Transport (Road Safety and Other Matters) Amendment Act 2011 (2011 No 13).
  • Section 95A(4): amended, on , by section 261 of the District Court Act 2016 (2016 No 49).