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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)

36A: Contravention of section 22A

You could also call this:

“Breaking the rules about unsafe driving and road safety”

You can break this law if you do certain things while driving. These include:

  • Racing or showing off by speeding up quickly on a road when you shouldn’t.
  • Putting petrol, oil, diesel, or anything slippery on the road without a good reason.
  • Making your car’s wheels spin on purpose without a good reason.

If you do any of these things and someone gets hurt, you could go to jail for up to 5 years or pay a fine of up to $20,000. You’ll also lose your driver’s licence for at least a year.

If someone dies because of what you did, you could go to jail for up to 10 years or pay a fine of up to $20,000. Again, you’ll lose your licence for at least a year.

If you do these things but no one gets hurt or dies, you’ll still be in trouble. The punishment will be the same as if you were driving dangerously.

If you put slippery stuff on the road, you might have to pay a fine of up to $3,000.

Sometimes, if there are special reasons, the court might decide not to take away your licence.

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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=DLM434653.

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"Causing someone's death by driving dangerously"

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36AB: Contravention of sections 7 and 114, or

"This rule about breaking certain driving laws was removed"

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)

36AContravention of section 22A

  1. A person commits an offence if the person—

  2. operates a motor vehicle in a race, or in an unnecessary exhibition of speed or acceleration, on a road in contravention of section 22A(1); or
    1. without reasonable excuse, intentionally pours onto, places on, or allows to spill onto a road—
      1. any petrol, oil, or diesel fuel; or
        1. any other substance likely to cause a vehicle to undergo loss of traction; or
        2. without reasonable excuse, operates a motor vehicle on a road in a manner that causes the vehicle to undergo sustained loss of traction in contravention of section 22A(3).

          1. A person who commits an offence against subsection (1)(a) or (c) and by that act or omission causes an injury to another person—

          2. is liable on conviction to imprisonment for a term not exceeding 5 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. A person who commits an offence against subsection (1)(a) or (c) and by the act or omission causes the death of another person—

              3. is liable on conviction to 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 (3)(b) is the period of disqualification for the purposes of section 65AE(d) (see section 65AH(3)(a)).

                  2. A person who commits an offence against subsection (1)(a) or (c) but does not, by that act or omission, cause injury to, or the death of, another person is liable on conviction to the penalties set out in section 35(2), and section 35(2), (2A), and (3) apply as if the offence were an offence against section 35(1)(a) (operating a motor vehicle recklessly on a road).

                  3. A person who commits an offence against subsection (1)(b) is liable on conviction to a fine not exceeding $3,000.

                  4. 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 36A: inserted, on , by section 6 of the Land Transport (Unauthorised Street and Drag Racing) Amendment Act 2003 (2003 No 11).
                  • Section 36A(2): replaced, on , by section 413 of the Criminal Procedure Act 2011 (2011 No 81).
                  • Section 36A(2A): inserted, on , by section 11(1) of the Land Transport Amendment Act 2017 (2017 No 34).
                  • Section 36A(3): replaced, on , by section 413 of the Criminal Procedure Act 2011 (2011 No 81).
                  • Section 36A(3A): inserted, on , by section 11(2) of the Land Transport Amendment Act 2017 (2017 No 34).
                  • Section 36A(4): amended, on , by section 11(3) of the Land Transport Amendment Act 2017 (2017 No 34).
                  • Section 36A(4): amended, on , by section 413 of the Criminal Procedure Act 2011 (2011 No 81).
                  • Section 36A(5): amended, on , by section 413 of the Criminal Procedure Act 2011 (2011 No 81).
                  • Section 36A(6): replaced, on , by section 11(4) of the Land Transport Amendment Act 2017 (2017 No 34).