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New Zealand law explained for everyone

Land Transport Act 1998

Driver licensing

30: Driver licences are property of Agency and are to be surrendered in certain circumstances

You could also call this:

“You must give back your driver licence in certain situations”

Driver licences belong to the Agency. You need to give up your licence in certain situations:

If your licence is suspended or revoked, you must give it to the Agency or the Director right away when you are told about it.

If a court says you can’t have a licence, you must give it to the court, a police officer, or an Agency office straight away.

If a police officer suspends your licence, you must give it to them immediately.

If you get a new licence that replaces your old one, you need to give the old one to the Agency, someone they choose, or a police officer.

If you get a driver licence stop order, you must either send your licence to the Ministry of Justice or give it to the person who gives you the order.

When you’re allowed to have a licence again, the Director will give you a new one. This might be a regular licence, an alcohol interlock licence, a zero alcohol licence, or a limited licence, depending on what the court says.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM434583.

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Part 4 Driver licensing

30Driver licences are property of Agency and are to be surrendered in certain circumstances

  1. Driver licences are the property of the Agency and, except where section 19 or subsection (4B) applies, must be surrendered or forwarded to the Agency or the Director in accordance with subsections (2) to (4A).

  2. The holder of a driver licence must, immediately after receiving notice of the suspension or revocation, surrender his or her licence to the Agency or the Director if—

  3. the licence is suspended or revoked under any Act; or
    1. the suspension or revocation applies to any endorsement or class specified in the licence but not to the whole licence.

      1. If the holder of a driver licence is disqualified by order of a court from holding or obtaining a driver licence, the holder must (whether or not a demand is made on him or her) immediately surrender the licence to the court where the order was made or to a constable or at any office of the Agency.

      2. If an enforcement officer has suspended a person's driver licence in accordance with section 90(2), the person must immediately surrender his or her licence to the officer.

      3. A person who receives a driver licence under subsection (3), (3A), (4A)(b) or (c), or (4B) must immediately forward it to the Agency.

      4. The holder of a driver licence must, if that licence is superseded by another driver licence, surrender that driver licence to—

      5. the Agency; or
        1. a person appointed by the Agency or the Director; or
          1. a constable.

            1. A person on whom a driver licence stop order is imposed must,—

            2. if the order is served in a way other than that described in section 91B(1)(a), deliver or post his or her driver licence to an employee or agent of the Ministry of Justice at an office of that Ministry or at the District Court:
              1. if the order is served in the way described in section 91B(1)(a), surrender his or her driver licence to the employee or agent of the Ministry of Justice, or to the enforcement officer, who serves the order.

                1. The Director must, subject to sections 82A, 83, and 105(6A) and as soon as practicable after being satisfied that a person is entitled to apply for and be granted a driver licence,—

                2. issue a new driver licence to the person when the disqualification or suspension expires or is removed; or
                  1. in the case where a court authorises the issue of an alcohol interlock licence, issue an alcohol interlock licence to the person; or
                    1. in the case where a court authorises the issue of a zero alcohol licence, issue a zero alcohol licence to the person; or
                      1. in the case where a court authorises the issue of a limited licence, issue a limited licence to the person.

                        Notes
                        • Section 30 heading: amended, on , by section 50(1) of the Land Transport Management Amendment Act 2008 (2008 No 47).
                        • Section 30 heading: amended, on , by section 17(1) of the Land Transport Amendment Act 2005 (2005 No 77).
                        • Section 30(1): amended, on , by section 38(1) of the Land Transport (NZTA) Legislation Amendment Act 2020 (2020 No 48).
                        • Section 30(1): amended, on , by section 5(1) of the Land Transport Amendment Act 2011 (2011 No 31).
                        • Section 30(1): amended, on , by section 50(1) of the Land Transport Management Amendment Act 2008 (2008 No 47).
                        • Section 30(1): amended, on , by section 17(2) of the Land Transport Amendment Act 2005 (2005 No 77).
                        • Section 30(2): amended, on , by section 38(2) of the Land Transport (NZTA) Legislation Amendment Act 2020 (2020 No 48).
                        • Section 30(2): amended, on , by section 50(1) of the Land Transport Management Amendment Act 2008 (2008 No 47).
                        • Section 30(3): amended, on , pursuant to section 116(a)(ii) of the Policing Act 2008 (2008 No 72).
                        • Section 30(3): amended, on , by section 50(1) of the Land Transport Management Amendment Act 2008 (2008 No 47).
                        • Section 30(3A): inserted, on , by section 5(1) of the Land Transport Amendment Act 2007 (2007 No 66).
                        • Section 30(4): amended, on , by section 5(2) of the Land Transport Amendment Act 2011 (2011 No 31).
                        • Section 30(4): amended, on , by section 50(1) of the Land Transport Management Amendment Act 2008 (2008 No 47).
                        • Section 30(4): amended, on , by section 5(2) of the Land Transport Amendment Act 2007 (2007 No 66).
                        • Section 30(4A): inserted, on , by section 17(3) of the Land Transport Amendment Act 2005 (2005 No 77).
                        • Section 30(4A)(b): amended, on , by section 38(3) of the Land Transport (NZTA) Legislation Amendment Act 2020 (2020 No 48).
                        • Section 30(4A)(a): amended, on , by section 50(1) of the Land Transport Management Amendment Act 2008 (2008 No 47).
                        • Section 30(4A)(b): amended, on , by section 50(1) of the Land Transport Management Amendment Act 2008 (2008 No 47).
                        • Section 30(4A)(c): amended, on , pursuant to section 116(a)(ii) of the Policing Act 2008 (2008 No 72).
                        • Section 30(4B): inserted, on , by section 5(3) of the Land Transport Amendment Act 2011 (2011 No 31).
                        • Section 30(4B)(a): amended, on , by section 261 of the District Court Act 2016 (2016 No 49).
                        • Section 30(5): substituted, on , by section 14 of the Land Transport (Road Safety and Other Matters) Amendment Act 2011 (2011 No 13).
                        • Section 30(5): amended, on , by section 38(4) of the Land Transport (NZTA) Legislation Amendment Act 2020 (2020 No 48).