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New Zealand law explained for everyone

Land Transport Act 1998

Proceedings enforcing responsibilities - Commencement of proceedings

136: Time for instituting proceedings

You could also call this:

"Time limit for police to charge you with a transport crime"

Illustration for Land Transport Act 1998

If you are charged with a crime under the Land Transport Act 1998, the court can dismiss the charge if they think you have been unfairly treated because of a delay. You might have been unfairly treated if the police took too long to start the case against you or to tell you about the charge. However, if the delay happened because you changed your address, the court will not think it is unfair. The court will not follow the usual rules about time limits for some types of crimes, such as driving while disqualified or giving false information, as stated in section 25 of the Criminal Procedure Act 2011. This also applies to crimes related to work time, logbooks, or the chain of responsibility under the Land Transport Act 1998. You can find more information about these rules in specific sections of the Act, such as section 32 and section 44. If you are charged with one of these crimes, the usual time limits for starting a case do not apply. This means the police have more time to start the case against you. You should understand that these rules are in place to help keep you and others safe on the road.

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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=DLM435150.

Topics:
Crime and justice > Police and safetyTransport and travel > Driving
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135: Commencing proceedings, and jurisdiction, for offences, or

"Starting and handling legal cases for breaking certain driving rules"

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Part 10Proceedings enforcing responsibilities
Commencement of proceedings

136Time for instituting proceedings

  1. In proceedings for a category 1 or 2 offence against this Act, the court may dismiss the charge if satisfied that the person charged has been prejudiced in the person's defence by any unreasonable delay in instituting the proceedings or in notifying the person of the time, place, and nature of the offence.

  2. If a delay in instituting the proceedings has been caused by a change in the address of the defendant, the delay is not an unreasonable delay for the purposes of this section.

  3. Section 25 of the Criminal Procedure Act 2011 does not apply to a prosecution for—

  4. an offence against—
    1. section 32 that involves driving while disqualified or contrary to the conditions of a licence, an alcohol interlock licence, a zero alcohol licence, or a limited licence; or
      1. section 44 that involves giving information that the person knows to be false or misleading; or
      2. an offence against this Act concerning—
        1. work time under subpart 1 of Part 6B; or
          1. logbooks under subpart 2 of Part 6B; or
            1. the chain of responsibility under Part 6C; or
              1. the issue of installation certificates and inspection certificates for alternative fuel systems.

              Compare
              Notes
              • Section 136(1): amended, on , by section 413 of the Criminal Procedure Act 2011 (2011 No 81).
              • Section 136(3): amended, on , by section 413 of the Criminal Procedure Act 2011 (2011 No 81).
              • Section 136(3)(a): substituted, on , by section 74(1) of the Land Transport (Road Safety and Other Matters) Amendment Act 2011 (2011 No 13).
              • Section 136(3)(b): substituted, on , by section 72 of the Land Transport Amendment Act 2005 (2005 No 77).
              • Section 136(3)(b)(iia): inserted, on , by section 74(2) of the Land Transport (Road Safety and Other Matters) Amendment Act 2011 (2011 No 13).