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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:

“Judges can choose community work instead of taking away your driver's licence”

This law talks about when a judge can give you a different punishment instead of taking away your driver’s licence. Here’s what it says:

If you’ve had your licence taken away before, the judge might decide not to do it again. Instead, they might give you a community-based sentence. This means you might have to do some work in your community or get some help to be a better driver.

The judge will think about things like what you did, how taking away your licence worked before, and what’s best for everyone. If they decide not to take away your licence, they must give you a community-based sentence instead.

When the judge gives you this sentence, they can also give you other punishments. They’ll think about how serious your offence was and that you could have lost your licence.

Sometimes, the judge might tell you to go to a special programme to help you. You have to go if they say so.

There are some times when the judge can’t use this law. For example, if you’ve done something really serious or if the law says you can’t get a limited licence.

Remember, the judge is trying to find the best way to keep everyone safe and help you become a better driver.

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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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Part 7 Disqualification, 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).