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Land Transport Act 1998

Mitigation of penalties and rights of appeal - Rights of appeal

106: General right of appeal to District Court

You could also call this:

“You can ask the court to check decisions about your land transport document”

If you are unhappy with a decision the Director made about giving, taking away, or stopping your land transport document, you can ask the District Court to look at it again. This is called an appeal.

The court can agree with the Director’s decision, change it, or say it was wrong.

While your appeal is being decided, you still have to follow the rules and do what the Director said.

Even if you win your appeal, the Director can still say no to your land transport document if they find new facts or proof after your appeal.

You can’t use this appeal process if there’s already a different way to appeal the decision in another part of this law. You also can’t appeal decisions about class exemptions, like giving, changing, or taking away a class exemption.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM435083.

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Part 8 Mitigation of penalties and rights of appeal
Rights of appeal

106General right of appeal to District Court

  1. Any person who is dissatisfied with any decision made under this Act by the Director in respect of the grant, issue, revocation, or suspension of a land transport document sought or held by that person may appeal to the District Court against that decision.

  2. The court may confirm, reverse, or modify the decision appealed against.

  3. Every decision of the Director appealed against under this section continues in force pending the determination of the appeal, and no person is excused from complying with any of the provisions of this Act on the ground that any appeal is pending.

  4. Even though an appeal under this section may have been determined in favour of the appellant, the Director may, subject to the like right of appeal, refuse to deal with in accordance with the provisions of this Act the matter of the grant, issue, revocation, or suspension of the land transport document concerned on any sufficient grounds supported by facts or evidence discovered since the hearing of the appeal.

  5. Subsection (1) does not apply—

  6. if a right of appeal to the District Court against the decision concerned is conferred by any other section of this Act:
    1. to any decision made in relation to a class exemption, including a decision to grant (or not to grant), to amend, or to revoke a class exemption.

      Notes
      • Section 106(1): amended, on , by section 97 of the Land Transport (NZTA) Legislation Amendment Act 2020 (2020 No 48).
      • Section 106(1): amended, on , by section 261 of the District Court Act 2016 (2016 No 49).
      • Section 106(3): amended, on , by section 97 of the Land Transport (NZTA) Legislation Amendment Act 2020 (2020 No 48).
      • Section 106(4): amended, on , by section 97 of the Land Transport (NZTA) Legislation Amendment Act 2020 (2020 No 48).
      • Section 106(5): replaced, on , by section 6 of the Regulatory Systems (Transport) Amendment Act 2021 (2021 No 9).