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Land Transport Act 1998

Mitigation of penalties and rights of appeal - Demerit points

112: Effect of appeal on demerit points

You could also call this:

“What happens to your demerit points when you appeal against a conviction”

If you appeal against a conviction for an offence that can give you demerit points, some special rules apply. While your appeal is being decided, no demerit points will be added to your record for that offence. If demerit points were already added before you filed your appeal, they will be removed. Any driving ban that resulted from those points will also be cancelled. However, if your appeal fails or if you give up on it, the demerit points will be added to your record.

The court where you were convicted will tell the Director about your appeal and what happens with it. If your conviction is overturned through a special legal process called judicial review, you won’t get any demerit points for that offence. If points were already added, the Director will remove them and cancel any driving ban that resulted from those points.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM435096.

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Part 8 Mitigation of penalties and rights of appeal
Demerit points

112Effect of appeal on demerit points

  1. If a person appeals against a conviction for an offence to which section 88 applies (which section relates to offences attracting demerit points),—

  2. no demerit points may be recorded in relation to the offence pending the determination of the appeal:
    1. a recording of demerit points made in relation to the offence before the filing of the notice of appeal and any disqualification imposed as a result is cancelled:
      1. if on the determination of the appeal the conviction is upheld, or if the appeal is abandoned or is dismissed for want of prosecution, demerit points must be recorded in relation to the offence.

        1. The Registrar of the court in which the appellant was convicted must notify the Director of the filing of the notice of appeal and of the result of the determination of the appeal, or of the abandonment or dismissal of the appeal.

        2. If a conviction for an offence to which section 88 applies is quashed on an application for judicial review, demerit points may not be recorded for that offence or (if recorded) the Director must cancel the demerit points recorded and any disqualification imposed for that offence.

        Notes
        • Section 112(2): amended, on , by section 101 of the Land Transport (NZTA) Legislation Amendment Act 2020 (2020 No 48).
        • Section 112(3): amended, on , by section 101 of the Land Transport (NZTA) Legislation Amendment Act 2020 (2020 No 48).