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Land Transport Act 1998

Mitigation of penalties and rights of appeal - Rights of appeal

108: Appeal against Director’s refusal to remove disqualification or replace alcohol interlock licence with zero alcohol licence

You could also call this:

“You can challenge a "no" to ending your driving ban or changing your special licence”

If the Director says no to removing your disqualification or changing your alcohol interlock licence to a zero alcohol licence, you can appeal this decision. You can take your case to the District Court if you disagree with the Director’s choice.

When you appeal, the court can do one of two things. They can tell the Director to remove your disqualification or change your licence. Or, they can decide not to change anything and keep the Director’s decision as it is.

The disqualification removal is talked about in section 100, and the licence change is mentioned in section 100A. These sections have more details about these processes.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM435087.

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107: Appeals against court orders relating to disqualification or grant of limited licence, and deferral of disqualification, or

"You can challenge driving bans and limited licence decisions in higher courts"

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109: Appeal against refusal of Director to remove suspension of driver licence, or

"You can ask a court to review if your licence suspension stays in place"

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

108Appeal against Director’s refusal to remove disqualification or replace alcohol interlock licence with zero alcohol licence

  1. A person may appeal to the District Court against the refusal of the Director to—

  2. remove a disqualification under section 100; or
    1. replace an alcohol interlock licence with a zero alcohol licence under section 100A.

      1. In determining the appeal, the court may—

      2. direct the Director to remove a disqualification or replace an alcohol interlock licence with a zero alcohol licence; or
        1. dismiss the appeal.

          Notes
          • Section 108: replaced, on , by section 36 of the Land Transport Amendment Act 2017 (2017 No 34).
          • Section 108 heading: amended, on , by section 99(1) of the Land Transport (NZTA) Legislation Amendment Act 2020 (2020 No 48).
          • Section 108(1): amended, on , by section 99(2) of the Land Transport (NZTA) Legislation Amendment Act 2020 (2020 No 48).
          • Section 108(2)(a): amended, on , by section 99(3) of the Land Transport (NZTA) Legislation Amendment Act 2020 (2020 No 48).