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Land Transport Act 1998

Disqualification, demerit points, licence suspension, and vehicle impoundment - Demerit points system

88: Demerit points to be recorded by Director

You could also call this:

“Director records demerit points when you break driving rules”

When you break a driving rule, the Director will record demerit points against you. The number of points depends on what rule you broke. The court will tell the Director about your offence.

If you break more than one rule at the same time, you’ll only get points for one offence. This will be the offence with the most points.

The points start from the day you broke the rule, not the day you were caught. This also applies if you pay a fine for breaking a rule, or if you make a plan to pay the fine later.

If you pay a fine, the day you broke the rule is counted as the day you got the ticket. Also, paying the fine or agreeing to pay it later is treated the same as if you were found guilty in court.

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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=DLM435009.

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89: Notice of demerit points, or

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Part 7 Disqualification, demerit points, licence suspension, and vehicle impoundment
Demerit points system

88Demerit points to be recorded by Director

  1. If a person is convicted of an offence (other than an offence detected by approved vehicle surveillance equipment or a point-to-point average speed system) concerning the driving of a motor vehicle, the Director must record in respect of that person such number of points (demerit points) as may be prescribed for that offence.

  2. The Registrar of the court must send to the Director particulars of convictions to which subsection (1) applies.

  3. If a person is convicted of 2 or more offences arising out of the same set of circumstances,—

  4. demerit points must be recorded in relation to 1 offence only; and
    1. if those offences do not carry the same number of points, points must be recorded for the offence or one of the offences that carries the greatest number of points.

      1. Demerit points recorded under subsection (1) have effect on and from the date of the commission of the offence for which the points are recorded.

      2. For the purposes of subsections (1) and (4), the provisions of subsection (6) apply to an infringement offence in respect of which—

      3. an infringement fee is paid to the enforcement authority, at the address for payment specified in the infringement notice, before a reminder notice is served or within 43 days after service of such a reminder notice; or
        1. the enforcement authority enters into an arrangement to pay under section 21(3A) of the Summary Proceedings Act 1957.

          1. The provisions referred to in subsection (5) are as follows:

          2. the date on which the infringement notice was issued is to be treated as the date on which the offence was committed; and
            1. a conviction for the offence is to be treated as having been entered against the offender on the date of the payment of the infringement fee or the date on which the arrangement to pay was entered into, as the case may be.

              Compare
              Notes
              • Section 88 heading: amended, on , by section 79(1) of the Land Transport (NZTA) Legislation Amendment Act 2020 (2020 No 48).
              • Section 88(1): amended, on , by section 9 of the Land Transport (Road Safety) Amendment Act 2023 (2023 No 62).
              • Section 88(1): amended, on , by section 79(2) of the Land Transport (NZTA) Legislation Amendment Act 2020 (2020 No 48).
              • Section 88(2): amended, on , by section 79(2) of the Land Transport (NZTA) Legislation Amendment Act 2020 (2020 No 48).
              • Section 88(5): substituted, on , by section 6 of the Land Transport Amendment Act 2011 (2011 No 31).
              • Section 88(6): added, on , by section 6 of the Land Transport Amendment Act 2011 (2011 No 31).
              • Section 88(6)(b): amended, on , by section 413 of the Criminal Procedure Act 2011 (2011 No 81).