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Land Transport Act 1998

Disqualification, demerit points, licence suspension, and vehicle impoundment - Other penalties

94: Substitution of community-based sentences

You could also call this:

"Getting a community sentence instead of losing your driver's licence"

Illustration for Land Transport Act 1998

You can get a community-based sentence instead of being disqualified from driving. This happens if you have been disqualified before and the court thinks it would be unfair to disqualify you again. The court considers things like the circumstances of the case and how a disqualification would affect you. You must have done something wrong to be in this situation. The court looks at how bad the offence was and that you would have been disqualified if not for this rule. They can give you a community-based sentence, like supervision, if it is suitable and there is a programme available. There are some cases where this rule does not apply, such as if certain other sections of the law apply to you. The court can still give you another sentence, as well as a community-based sentence, according to the Sentencing Act 2002, which you can find on the New Zealand legislation website. The court must follow the rules in the Sentencing Act 2002 when giving you a sentence.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM435018.

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Crime and justice > Courts and legal helpCrime and justice > Police and safetyTransport and travel > Driving
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Part 7Disqualification, demerit points, licence suspension, and vehicle impoundment
Other penalties

94Substitution of community-based sentences

  1. This section applies if—

  2. the offender has previously been ordered on conviction for an offence to be disqualified from holding or obtaining a driver licence; and
    1. the court, having regard to—considers that it would be inappropriate to order that the offender be disqualified from holding or obtaining a driver licence; and
      1. the circumstances of the case and of the offender; and
        1. the effectiveness or otherwise of a previous order of disqualification made in respect of the offender; and
          1. the likely effect on the offender of a further order of disqualification; and
            1. the interests of the public,—
            2. the court considers that it would be appropriate to sentence the offender to a community-based sentence in accordance with Part 2 of the Sentencing Act 2002.

              1. Despite any provision of this Act that requires a court (in the absence of special reasons relating to the offence) to order a person convicted of an offence to be disqualified from holding or obtaining a driver licence, the court may instead make an order referred to in subsection (3) if this section applies.

              2. If the court sentencing an offender determines under this section not to make an order of disqualification,—

              3. the court must impose a community-based sentence on the offender; and
                1. the imposition of such a sentence does not limit or affect the power of the court to impose any other sentence for the offence that, in accordance with the provisions of the Sentencing Act 2002, it may impose in addition to the community-based sentence; and
                  1. in determining the appropriate sentence to be imposed on the offender in respect of the offence, the court must take into account the gravity of the offence and the fact that the offender would otherwise have been liable to disqualification from holding or obtaining a driver licence.

                    1. For the purposes of subsection (3)(a), the court may impose a sentence of supervision or intensive supervision as a community-based sentence if—

                    2. that sentence is appropriate; and
                      1. a suitable programme is available; and
                        1. the offender attends a suitable programme.

                          1. This section does not apply if—

                          2. section 63 or section 65 applies; or
                            1. an alcohol interlock sentence has been ordered under section 65AC(1); or
                              1. the offender is prohibited from applying for a limited licence under section 103(2)(a), (b), or (d).

                                Compare
                                Notes
                                • Section 94(1)(c): amended, on , by section 186 of the Sentencing Act 2002 (2002 No 9).
                                • Section 94(3)(b): amended, on , by section 186 of the Sentencing Act 2002 (2002 No 9).
                                • Section 94(3A): inserted, on , by section 48(1) of the Land Transport Amendment Act 2005 (2005 No 77).
                                • Section 94(3A): amended, on , by section 58 of the Sentencing Amendment Act 2007 (2007 No 27).
                                • Section 94(4): substituted, on , by section 48(2) of the Land Transport Amendment Act 2005 (2005 No 77).
                                • Section 94(4)(aa): inserted, on , by section 31 of the Land Transport Amendment Act 2017 (2017 No 34).