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Land Transport Act 1998

Proceedings enforcing responsibilities - Evidence

143: Evidence of driver licence

You could also call this:

“How police or the Agency can prove if you have the right driver licence”

This law explains how the police or the Agency can prove if someone has a valid driver licence or not. It applies when someone is accused of driving without the right licence.

If you’re accused of driving without the proper licence, the police or the Agency can use a special certificate as proof in court. This certificate is usually enough to show what kind of licence you have or don’t have, unless you can prove it’s wrong.

The certificate must be signed by a police officer, a police employee who isn’t an officer, or someone who works for the Agency. It will say that they’ve checked the official driver licence register and found one of these things:

You’ve never had a driver licence before. You used to have a licence for the type of vehicle you were driving, but it had expired. You have a current licence, but not for the type of vehicle you were driving. You used to have a licence, but not for the type of vehicle you were driving, and it had expired.

This certificate is considered good evidence in court unless you can show it’s not correct.

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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=DLM435162.

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Part 10 Proceedings enforcing responsibilities
Evidence

143Evidence of driver licence

  1. This section applies to offences alleged against paragraph (a) or paragraph (b) of section 31(1).

  2. In proceedings against a person for an offence to which this section applies, a certificate that meets the requirements of subsection (3) and purports to be signed by a constable or Police employee who is not a constable or an employee of the Agency is, in the absence of proof to the contrary, sufficient evidence of the matters contained in the certificate.

  3. A certificate referred to in subsection (2) must state that the constable or Police employee who is not a constable or the employee has checked the register of driver licences kept by the Agency under section 199 and—

  4. has found no record showing that, on or before the date of the alleged offence, the person had ever held a driver licence; or
    1. has found a record showing that the person has held a licence to drive a vehicle of the class referred to in the proceedings, and that, at the date of the alleged offence, the licence had expired; or
      1. has found a record showing that, at the date of the alleged offence, the person held a licence to drive a vehicle, but not a vehicle of the class referred to in the proceedings; or
        1. has found a record showing that the person held a licence to drive a vehicle, but not a vehicle of the class referred to in the proceedings, and that, at the date of the alleged offence, the licence had expired.

          Compare
          Notes
          • Section 143(2): amended, on , pursuant to section 116(a)(vii) of the Policing Act 2008 (2008 No 72).
          • Section 143(2): amended, on , pursuant to section 116(d) of the Policing Act 2008 (2008 No 72).
          • Section 143(2): amended, on , by section 50(1) of the Land Transport Management Amendment Act 2008 (2008 No 47).
          • Section 143(3): amended, on , pursuant to section 116(a)(vii) of the Policing Act 2008 (2008 No 72).
          • Section 143(3): amended, on , pursuant to section 116(d) of the Policing Act 2008 (2008 No 72).
          • Section 143(3): amended, on , by section 50(1) of the Land Transport Management Amendment Act 2008 (2008 No 47).