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Land Transport Act 1998

Disqualification, demerit points, licence suspension, and vehicle impoundment - Mandatory suspension of driver licence

95: Mandatory 28-day suspension of driver licence in certain circumstances

You could also call this:

“Police can take away your licence for 28 days if you drive dangerously”

If you’re driving a vehicle, a police officer can suspend your driver licence for 28 days if they believe you’ve done certain things. This can happen if:

You take a breath or blood test and have too much alcohol in your system. The amount depends on whether you’ve been caught before.

You refuse to take a blood test when asked.

You drive much faster than the speed limit. This means more than 40 km/h over the permanent speed limit or more than 50 km/h over any other speed limit.

If this happens, the police officer will give you a notice. The notice will tell you that your licence is suspended for 28 days. You have to give your licence to the officer right away. The notice will also tell you about your right to appeal.

The suspension starts as soon as you get the notice. You can appeal this decision.

There are some exceptions. For example, if you were driving an ambulance or police car on urgent duty, you might not get suspended for speeding.

The suspension might end early if the police decide not to charge you with an offence, or if you’re found not guilty in court.

This law applies to New Zealand driver licences and foreign driver licences.

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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=DLM435024.

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Part 7 Disqualification, demerit points, licence suspension, and vehicle impoundment
Mandatory suspension of driver licence

95Mandatory 28-day suspension of driver licence in certain circumstances

  1. An enforcement officer must give a person a notice under this section if the enforcement officer believes on reasonable grounds that the person has—

  2. undergone an evidential breath test or blood test under this Act and been found,—
    1. for an offence, where the person has previously been convicted of an offence against any of sections 56(1) or (2), 57A(1), 57B(1), 57C(1), 58(1), 60(1), or 61(1) or (2) within the last 4 years,—
      1. to have a breath alcohol concentration exceeding 400 micrograms of alcohol per litre of breath; or
        1. to have a blood alcohol concentration exceeding 80 milligrams of alcohol per 100 millilitres of blood; or
          1. to have a blood concentration level of a listed qualifying drug exceeding the high-risk level for the drug; or
            1. to have an unlisted qualifying drug in the person’s blood after the person failed to complete a compulsory impairment test in a manner satisfactory to an enforcement officer who is trained to give the test when the person was required to do so under section 71F:
            2. in any other case,—
              1. to have a breath alcohol concentration exceeding 650 micrograms of alcohol per litre of breath; or
                1. to have a blood alcohol concentration exceeding 130 milligrams of alcohol per 100 millilitres of blood; or
              2. failed or refused to undergo a blood test, after having been required or requested to do so under section 72 or section 73; or
                1. driven a motor vehicle on a road at a speed exceeding—
                  1. the permanent speed limit by more than 40 km an hour (which speed was detected by a means other than approved vehicle surveillance equipment or a point-to-point average speed system); or
                    1. any other speed limit by more than 50 km an hour (which speed was detected by a means other than approved vehicle surveillance equipment or a point-to-point average speed system).

                    2. If an enforcement officer believes on reasonable grounds that a person has undergone an evidential breath test and has been found to have a breath alcohol concentration exceeding 650 micrograms of alcohol per litre of breath,—

                    3. the enforcement officer must give the person a notice under subsection (1)(a) even though the person has the right under section 70A to elect to have a blood test; and
                      1. a further notice is not required and must not be given under subsection (1)(a) if the person undergoes a blood test and is found to have a blood alcohol concentration exceeding 130 milligrams of alcohol per 100 millilitres of blood.

                        1. A notice under this section must—

                        2. be in a form prescribed by regulations made under this Act or in a form to the same effect; and
                          1. tell the person to whom it is given that the person is suspended from holding or obtaining a driver licence for 28 days; and
                            1. require the person to immediately surrender any driver licence that the person has to the enforcement officer; and
                              1. outline the person's rights of appeal under sections 101 and 109.

                                1. A suspension under this section starts immediately after the notice is given to the person to whom it applies.

                                2. A person whose driver licence is suspended under this section has the rights of appeal conferred by sections 101 and 109.

                                3. Nothing in this section affects or limits any power of a court to impose a penalty.

                                4. Subsection (1)(c) does not apply if the vehicle—

                                5. was an ambulance fitted with a siren or bell, and at the time was being used on urgent ambulance service; or
                                  1. was conveying a constable in the execution of urgent duty, if compliance with the speed limit would be likely to prevent or hinder the execution of that duty; or
                                    1. was being used by a fire brigade for attendance at fires or other emergencies, and at the time was being used on urgent fire brigade service.

                                      1. The suspension of a driver licence under subsection (1) ceases to have effect if—

                                      2. the Police decide finally that proceedings will not be taken against the person for an offence arising out of circumstances referred to in subsection (1) or if such proceedings have been taken and the person is acquitted; and
                                        1. the suspension has not already been removed.

                                          1. The suspension of a person's driver licence in the circumstances referred to in subsection (1A) ceases to have effect when the result of the blood test (if any) is notified to the person if—

                                          2. the blood test shows that he or she had a blood alcohol concentration of, or less than, 130 milligrams of alcohol per 100 millilitres of blood; and
                                            1. the result of the blood test is notified to the person before the close of the 28-day suspension period.

                                              1. For the purposes of this section, driver licence includes a foreign driver licence.

                                              Notes
                                              • Section 95(1)(a): substituted, on , by section 49(1) of the Land Transport Amendment Act 2005 (2005 No 77).
                                              • Section 95(1)(a)(i): amended, on , by section 28(1) of the Land Transport (Drug Driving) Amendment Act 2022 (2022 No 5).
                                              • Section 95(1)(a)(i)(C): inserted, on , by section 28(2) of the Land Transport (Drug Driving) Amendment Act 2022 (2022 No 5).
                                              • Section 95(1)(a)(i)(D): inserted, on , by section 28(2) of the Land Transport (Drug Driving) Amendment Act 2022 (2022 No 5).
                                              • Section 95(1)(a)(ii)(B): amended, on , by section 57(2) of the Land Transport (Road Safety and Other Matters) Amendment Act 2011 (2011 No 13).
                                              • Section 95(1)(c): substituted, on , by section 49(2) of the Land Transport Amendment Act 2005 (2005 No 77).
                                              • Section 95(1)(c)(i): amended, on , by section 11 of the Land Transport (Road Safety) Amendment Act 2023 (2023 No 62).
                                              • Section 95(1)(c)(i): amended, on , by section 89 of the Land Transport (NZTA) Legislation Amendment Act 2020 (2020 No 48).
                                              • Section 95(1)(c)(ii): amended, on , by section 11 of the Land Transport (Road Safety) Amendment Act 2023 (2023 No 62).
                                              • Section 95(1A): inserted, on , by section 10(1) of the Land Transport (Road Safety Enforcement) Amendment Act 2001 (2001 No 104).
                                              • Section 95(1A): amended, on , by section 49(3) of the Land Transport Amendment Act 2005 (2005 No 77).
                                              • Section 95(1A)(b): amended, on , by section 49(4) of the Land Transport Amendment Act 2005 (2005 No 77).
                                              • Section 95(2)(b): amended, on , by section 92(1) of the Land Transport Amendment Act 2017 (2017 No 34).
                                              • Section 95(2)(c): amended, on , by section 92(2) of the Land Transport Amendment Act 2017 (2017 No 34).
                                              • Section 95(6)(b): amended, on , pursuant to section 116(a)(ii) of the Policing Act 2008 (2008 No 72).
                                              • Section 95(8): added, on , by section 10(2) of the Land Transport (Road Safety Enforcement) Amendment Act 2001 (2001 No 104).
                                              • Section 95(8)(a): amended, on , by section 49(5) of the Land Transport Amendment Act 2005 (2005 No 77).
                                              • Section 95(9): added, on , by section 57(3) of the Land Transport (Road Safety and Other Matters) Amendment Act 2011 (2011 No 13).