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Land Transport Act 1998

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

91: Cancellation and reinstatement of demerit points

You could also call this:

“How demerit points are added and removed from your driving record”

When you get demerit points for breaking driving rules, they stay on your record for two years from when you broke the rule. If you break more than one rule, the two years start from when you broke the most recent rule.

If you lose your licence for a short time or are told you can’t drive because of demerit points, the Director will remove all the demerit points you have. The Director will also remove all your demerit points if a court says you can’t drive for six months or longer.

If you go to court and win your case against losing your licence, the Director will put your demerit points back on your record.

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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=DLM435014.

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

91Cancellation and reinstatement of demerit points

  1. When 2 years have elapsed since the commission of an offence in respect of which demerit points were recorded, the entry of the points made in respect of that offence ceases to have effect in relation to the person who committed that offence; but if demerit points were recorded in respect of 2 or more offences committed by that person, the entry ceases to have effect when 2 years have elapsed since the commission of the most recent of those offences.

  2. If a suspension under section 90 is imposed in respect of a person's driver licence or a disqualification is imposed under that section in respect of a person, the Director must cancel all demerit points for the time being recorded in respect of that person.

  3. The Director must cancel all demerit points for the time being recorded against a person if a court disqualifies the person from holding or obtaining a driver licence for a period of 6 months or more.

  4. If a person's suspension or disqualification is removed on appeal, the Director must reinstate the demerit points cancelled under this section.

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Notes
  • Section 91(2): amended, on , by section 82 of the Land Transport (NZTA) Legislation Amendment Act 2020 (2020 No 48).
  • Section 91(3): amended, on , by section 82 of the Land Transport (NZTA) Legislation Amendment Act 2020 (2020 No 48).
  • Section 91(4): amended, on , by section 82 of the Land Transport (NZTA) Legislation Amendment Act 2020 (2020 No 48).