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Land Transport Act 1998

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

91B: Ways in which warning notice or driver licence stop order or details of related fines must be served

You could also call this:

“How you will get official notices about your driver licence and fines”

When you receive a warning notice or a driver licence stop order, or information about fines related to these, there are specific ways they can be given to you. Someone from the Ministry of Justice or an enforcement officer can give it to you in person. If you don’t want to take it, they can still show it to you. They can also leave it at your home with someone who looks like they’re at least 14 years old, or at your work with another person. The chief executive of the Ministry of Justice can mail it to your last known address. If you have an email address or other electronic contact, they can send it to you that way too.

There are ways to prove that you received the notice or order. The person who delivered it can sign a note saying when and how they gave it to you. If it was mailed, it’s considered delivered when it would normally arrive by post. For electronic delivery, it’s considered delivered when it enters a system outside the sender’s control. In both cases, they just need to show it was sent to the right address.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM5706322.

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

91BWays in which warning notice or driver licence stop order or details of related fines must be served

  1. A warning notice or a driver licence stop order, or notice of details of the fines to which that order relates, must be served on a defendant in 1 of the following ways:

  2. by an employee or agent of the Ministry of Justice or an enforcement officer delivering it to the defendant personally or bringing it to the defendant's notice if the defendant refuses to accept it:
    1. by an employee or agent of the Ministry of Justice or an enforcement officer leaving it for the defendant, at the defendant’s place of residence, with another person who appears to be of or over the age of 14 years:
      1. by an employee or agent of the Ministry of Justice or an enforcement officer leaving it for the defendant, at the defendant’s place of business or place of work, with another person:
        1. by the chief executive of the Ministry of Justice sending it to the defendant by prepaid post addressed to the defendant at the defendant's last known place of residence or business or place of work:
          1. if the defendant has a known electronic address, by the chief executive of the Ministry of Justice sending it to the defendant at that address in electronic form.

            1. An endorsement on a copy of a warning notice or a driver licence stop order, or notice of details of the fines to which that order relates, or, where applicable, on a printout that records an electronic document, stating the fact, mode, date and time of service and purporting to be signed by an employee or agent of the Ministry of Justice or by an enforcement officer is, in the absence of evidence to the contrary, sufficient proof of service of the notice or order.

            2. If a warning notice or driver licence stop order, or notice of details of the fines to which that order relates, is served in the way described in subsection (1)(d), then, unless the contrary is shown, the notice or order is served when it would have been delivered in the ordinary course of post, and in proving service it is sufficient to prove that the letter concerned was properly addressed and posted.

            3. If a warning notice or driver licence stop order, or notice of details of the fines to which that order relates, is served in electronic form under subsection (1)(e), then, unless the contrary is shown,—

            4. the notice or order, or notice of details, is served at the time the electronic communication containing the notice or order, or notice of details, first enters an information system outside the control of its originator; and
              1. in proving service, it is sufficient to prove that the electronic communication was properly addressed and sent.

                1. Repealed
                Notes
                • Section 91B: inserted, on , by section 7 of the Land Transport Amendment Act 2011 (2011 No 31).
                • Section 91B heading: amended, on , by section 149(1) of the Courts Matters Act 2018 (2018 No 50).
                • Section 91B(1): amended, on , by section 149(2) of the Courts Matters Act 2018 (2018 No 50).
                • Section 91B(1)(b): amended, on , by section 10(1) of the Land Transport (Road Safety) Amendment Act 2023 (2023 No 62).
                • Section 91B(2): amended, on , by section 149(3) of the Courts Matters Act 2018 (2018 No 50).
                • Section 91B(3): amended, on , by section 149(4) of the Courts Matters Act 2018 (2018 No 50).
                • Section 91B(4): inserted, on , by section 149(5) of the Courts Matters Act 2018 (2018 No 50).
                • Section 91B(5): repealed, on , by section 10(2) of the Land Transport (Road Safety) Amendment Act 2023 (2023 No 62).