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Land Transport Act 1998

Mitigation of penalties and rights of appeal - Removal of licence suspension and return of impounded vehicles

101: Appeal to Director against mandatory suspension of driver licence

You could also call this:

“You can challenge a driver's licence suspension if you think it's not fair”

If your driver’s licence has been suspended under section 95, you can appeal to the Director. You can do this if you weren’t driving the vehicle when the problem happened, or if you think the enforcement officer didn’t have good reasons to suspend your licence or didn’t give you the right notice.

To appeal, you need to write down your reasons in a special document called a statutory declaration. The Director will look at your appeal within 5 working days. If they agree with you, they’ll remove the suspension right away. If not, they’ll dismiss your appeal.

If the Director removes your suspension, it stops straight away. They’ll send your licence back to you at your home, work, or post office box, or you can pick it up at an Agency office.

The Director can refuse to look at your appeal if they think it’s not serious or if you haven’t given enough information.

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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=DLM435069.

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Part 8 Mitigation of penalties and rights of appeal
Removal of licence suspension and return of impounded vehicles

101Appeal to Director against mandatory suspension of driver licence

  1. A person whose driver licence has been suspended under section 95 may appeal to the Director against the suspension on the grounds that—

  2. the person was not the driver of the vehicle at the time of the act or omission to which that section applies; or
    1. the enforcement officer did not have reasonable grounds of belief as required by section 95 or did not give a notice that complied with subsection (2) of that section.

      1. An appeal under this section must be set out in a statutory declaration.

      2. The Director must, within 5 working days after an appeal under this section is lodged, either—

      3. remove the suspension immediately, if satisfied that a ground referred to in subsection (1) has been established; or
        1. dismiss the appeal.

          1. If a suspension is removed under subsection (3)(a), the suspension ceases to have effect when that decision is made and the Director must return the licence to the holder's last known place of residence or business or postal address, or to the holder at an office of the Agency.

          2. The Director may refuse to consider an appeal under this section if satisfied that the appeal is frivolous or vexatious, or that the appellant has provided insufficient information.

          Notes
          • Section 101 heading: amended, on , by section 95(1) of the Land Transport (NZTA) Legislation Amendment Act 2020 (2020 No 48).
          • Section 101(1): amended, on , by section 95(2) of the Land Transport (NZTA) Legislation Amendment Act 2020 (2020 No 48).
          • Section 101(3): amended, on , by section 95(2) of the Land Transport (NZTA) Legislation Amendment Act 2020 (2020 No 48).
          • Section 101(4): amended, on , by section 95(3) of the Land Transport (NZTA) Legislation Amendment Act 2020 (2020 No 48).
          • Section 101(4): amended, on , by section 50(1) of the Land Transport Management Amendment Act 2008 (2008 No 47).
          • Section 101(5): amended, on , by section 95(4) of the Land Transport (NZTA) Legislation Amendment Act 2020 (2020 No 48).