Plain language law

New Zealand law explained for everyone

Land Transport Act 1998

Driver licensing

29A: Persons convicted of specified serious offences prohibited from holding passenger endorsement

You could also call this:

“People who committed serious crimes can't drive passengers”

You can’t have a passenger endorsement on your driver licence if you have been convicted of a serious crime. This applies to convictions before or after this rule was made.

If you already have a passenger endorsement and you’re convicted of a serious crime, your endorsement will no longer be valid.

There’s an exception to this rule. You might still be able to have a passenger endorsement if:

  1. You weren’t sent to prison for more than 12 months for the serious crime, and
  2. The Director thinks it’s safe and okay for you to have the endorsement.

The law defines what counts as ‘imprisonment’ and ‘serious crimes’. Serious crimes include things like murder, sexual crimes, and violent crimes like kidnapping or robbery.

These rules also apply to similar crimes committed in other countries.

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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=DLM434566.

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29: Certain driver licences have no effect, or

"Some driver licences are not valid in certain situations"

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29B: Passenger endorsement may be reinstated in certain cases, or

"You might be able to get your passenger licence back after a serious crime"

Part 4 Driver licensing

29APersons convicted of specified serious offences prohibited from holding passenger endorsement

  1. A person who has been convicted of a specified serious offence on, before, or after the commencement of this section may not hold a passenger endorsement on his or her driver licence.

  2. A passenger endorsement is deemed to be expired and of no effect if held by a person who has been convicted of a specified serious offence on, before, or after the commencement of this section.

  3. Despite subsection (1), a person may hold a passenger endorsement if—

  4. the person has not, with respect to a conviction for a specified serious offence, been sentenced to imprisonment for a term exceeding 12 months; and
    1. the Director is, having regard to the criteria in section 29B(2)(b), satisfied that allowing the person to hold a passenger endorsement would not—
      1. be contrary to the public interest; and
        1. pose an undue risk to public safety or security.

        2. For the purposes of this section,—

          imprisonment excludes—

          1. corrective training; or
            1. borstal training; or
              1. detention centre training

                specified serious offence means—

                1. murder; or
                  1. a sexual crime under Part 7 of the Crimes Act 1961 punishable by 7 or more years' imprisonment (other than an act that is no longer an offence); and includes a crime under section 144A or section 144C of that Act; or
                    1. an offence against any of the following sections of the Crimes Act 1961:
                      1. section 173 (attempt to murder):
                        1. section 174 (counselling or attempting to procure murder):
                          1. section 175 (conspiracy to murder):
                            1. section 176 (accessory after the fact to murder):
                              1. section 188 (wounding with intent):
                                1. section 189(1) (intent to cause bodily harm by injury):
                                  1. section 191 (aggravated wounding or injury):
                                    1. section 198 (discharging firearm or doing dangerous act with intent):
                                      1. section 199 (acid throwing):
                                        1. section 200(1) (intent to cause grievous bodily harm by poison):
                                          1. section 201 (infecting with disease):
                                            1. section 208 (abduction for purposes of marriage or sexual connection):
                                              1. section 209 (kidnapping):
                                                1. section 210 (abduction of young person under 16):
                                                  1. section 234 (robbery):
                                                    1. section 235 (aggravated robbery):
                                                      1. section 236 (assault with intent to rob):
                                                      2. an offence committed outside New Zealand that, if committed in New Zealand, would constitute an offence specified in paragraphs (a) to (c).

                                                      Notes
                                                      • Section 29A: inserted, on , by section 16 of the Land Transport Amendment Act 2005 (2005 No 77).
                                                      • Section 29A heading: amended, on , by section 4(1) of the Land Transport Amendment Act 2006 (2006 No 2).
                                                      • Section 29A(1): amended, on , by section 4(2) of the Land Transport Amendment Act 2006 (2006 No 2).
                                                      • Section 29A(3): substituted, on , by section 4(3) of the Land Transport Amendment Act 2006 (2006 No 2).
                                                      • Section 29A(3)(b): amended, on , by section 36 of the Land Transport (NZTA) Legislation Amendment Act 2020 (2020 No 48).
                                                      • Section 29A(3)(b): amended, on , by section 4 of the Land Transport Amendment Act 2007 (2007 No 66).
                                                      • Section 29A(4): added, on , by section 4(3) of the Land Transport Amendment Act 2006 (2006 No 2).