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Land Transport Act 1998

Mitigation of penalties and rights of appeal - Rights of appeal

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

You could also call this:

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

If you appeal to the Director to remove a suspension on your driver licence and they say no, you can appeal to the District Court. You can only appeal based on the reasons listed in section 101.

The court will only look at the reasons from section 101. They won’t consider any other reasons.

After hearing your appeal, the court can do one of two things:

  1. They can tell the Director to remove the suspension. This has the same effect as if the Director had decided to remove it themselves.

  2. They can say no to your appeal.

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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=DLM435088.

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

109Appeal against refusal of Director to remove suspension of driver licence

  1. A person who unsuccessfully appeals to the Director under section 101 may, on any grounds set out in subsection (1) of that section, appeal to the District Court against the decision under that section.

  2. The court must determine the appeal on 1 or more of the grounds set out in subsection (1) or subsection (5) of section 101 and may not consider any other grounds.

  3. The court may—

  4. direct that the suspension be removed, in which case that direction has effect as if it had been made under section 101 by the Director; or
    1. dismiss the appeal.

      Notes
      • Section 109 heading: amended, on , by section 100(1) of the Land Transport (NZTA) Legislation Amendment Act 2020 (2020 No 48).
      • Section 109(1): amended, on , by section 100(2) of the Land Transport (NZTA) Legislation Amendment Act 2020 (2020 No 48).
      • Section 109(1): amended, on , by section 261 of the District Court Act 2016 (2016 No 49).
      • Section 109(3)(a): amended, on , by section 100(3) of the Land Transport (NZTA) Legislation Amendment Act 2020 (2020 No 48).