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Land Transport Act 1998

Disqualification, demerit points, licence suspension, and vehicle impoundment - Driver licence stop orders

91A: Interpretation

You could also call this:

“Explaining important words used in driver licence stop orders”

In this part of the law, you’ll learn what some important words mean when talking about driver licence stop orders.

A ‘defendant’ is someone who needs to pay a traffic fine. This includes young people as defined in the Oranga Tamariki Act 1989.

When a traffic fine is ‘resolved’, it means the same thing as in section 79 of the Summary Proceedings Act 1957.

‘Served personally’ means giving a warning notice or driver licence stop order to someone in the way described in section 91B(1)(a).

A ‘traffic fine’ is money you have to pay because a court said so after you committed a traffic offence. This includes fines, costs, levies, expenses, fees, and reparation. It also includes an offender levy for a traffic offence and any costs for enforcing the fine. But it doesn’t include money you have to pay in a civil case.

A ‘traffic offence’ is breaking the rules in certain laws about driving, like the Land Transport Act, Transport Act, or Road User Charges Act. It also includes breaking rules made under these laws, or other laws about using motor vehicles, parking places, or transport stations.

A ‘warning notice’ is a notice given to you as described in section 91D.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM5706309.

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Part 7 Disqualification, demerit points, licence suspension, and vehicle impoundment
Driver licence stop orders

91AInterpretation

  1. In this section and in sections 91C to 91H, unless the context otherwise requires,—

    defendant means the person who is required to pay a traffic fine, and includes a young person within the meaning of the Oranga Tamariki Act 1989

      resolved, in relation to a defendant's obligation to pay a traffic fine, has the same meaning as in section 79 of the Summary Proceedings Act 1957

        served personally, in relation to a warning notice or a driver licence stop order, means served in the way described in section 91B(1)(a)

          traffic fine—

          1. means any amount of money that a person is for the time being obliged to pay under a sentence imposed or an order made, or deemed to be made, by a court in respect of a traffic offence, whether the amount payable under that sentence or order is described as a fine or as costs, levies, expenses, fees, reparation, or otherwise; and
            1. includes an offender levy imposed under section 105B of the Sentencing Act 2002 for a traffic offence and any prescribed costs, expenses, or fees payable in respect of the enforcement of any amount of money described in paragraph (a); but
              1. does not include any amount of money adjudged or ordered to be paid in a civil proceeding

                traffic offence means—

                1. any offence against this Act, the Transport Act 1962, the Transport (Vehicle and Driver Registration and Licensing) Act 1986, the Road User Charges Act 1977, the Road User Charges Act 2012, or the Land Transport Management Act 2003, or against any secondary legislation (including bylaws) made under any of those Acts:
                  1. any offence against any secondary legislation (including bylaws) made under any other Act if the offence relates to the use of motor vehicles or parking places or transport stations

                    warning notice means a notice served under section 91D.

                    Notes
                    • Section 91A: inserted, on , by section 7 of the Land Transport Amendment Act 2011 (2011 No 31).
                    • Section 91A defendant: amended, on , by section 149 of the Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 (2017 No 31).
                    • Section 91A traffic offence paragraph (a): amended, on , by section 3 of the Secondary Legislation Act 2021 (2021 No 7).
                    • Section 91A traffic offence paragraph (a): amended, on , by section 6 of the Land Transport Amendment Act 2015 (2015 No 17).
                    • Section 91A traffic offence paragraph (b): amended, on , by section 3 of the Secondary Legislation Act 2021 (2021 No 7).