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Land Transport Act 1998

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

91E: Imposition of driver licence stop order

You could also call this:

“Stopping your driver's licence if you don't pay your traffic fines”

If you still owe money for a traffic fine 14 days after getting a notice, the Ministry of Justice or an enforcement officer can give you a driver licence stop order. This order can be given more than once if needed.

The order will tell you:

  • Your name
  • Details about the fine you owe
  • That the order will stay active until you pay the fine or it’s cancelled
  • That your driver licence will be suspended right away
  • That you need to give up your licence to the person who gives you the order, or send it to the Ministry of Justice or District Court

If you don’t have a licence when the order starts, you can’t get one until the order is cancelled. You also can’t get a limited licence during this time.

When you get the order, you have to pay a fee. This fee counts as one fine, even if the order is for more than one traffic fine. The fee amount is set by the Summary Proceedings Act 1957.

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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=DLM5706325.

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91D: Warning notice to be served on defendant, or

"The government must warn you before stopping your driver licence for unpaid traffic fines"

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91F: Effect of driver licence stop order, or

"What happens when you're not allowed to use your driver licence"

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

91EImposition of driver licence stop order

  1. If, following the expiry of the period of 14 days after service of the notice sent to a defendant under section 91D, the defendant continues to be liable to a driver licence stop order because of the traffic fine described in that notice, the chief executive of the Ministry of Justice may impose a driver licence stop order on the defendant and issue it for service.

  2. The chief executive of the Ministry of Justice may, on 1 or more occasions, reissue a driver licence stop order that has previously been issued or reissued for service but that is not yet in effect.

  3. An enforcement officer may also impose an order and issue it for service in the circumstances described in subsection (1) (whether or not the person has received the order from the chief executive of the Ministry of Justice).

  4. An order imposed under subsection (1) or (2A) must be in a form approved by the chief executive of the Ministry of Justice and must state—

  5. the name of the defendant; and
    1. that the notice of details of the traffic fine in respect of which the order is imposed and the amount owing on that fine will be served on the defendant either at the same time as the order is served or as soon as practicable after the order is served; and
      1. that the order will stay in effect until the defendant's obligation to pay the traffic fine is discharged by payment in full or remission in full, or until it is resolved; and
        1. that, immediately after the order takes effect, any driver licence held by the defendant, including any limited licence issued under section 105, is suspended until the driver licence stop order is cancelled in accordance with section 91G or terminated in accordance with section 91H; and
          1. that if the order is served personally by an employee or agent of the Ministry of Justice or by an enforcement officer (including at the roadside), the defendant must surrender any driver licence held by the defendant to that employee, agent, or enforcement officer; and
            1. that if the order is served, but is not served personally, the defendant must post or deliver any driver licence held by the defendant to an employee or agent of the Ministry of Justice at an office of that Ministry or at the District Court; and
              1. if the defendant does not hold a current driver licence when the order takes effect, that—
                1. the defendant is disqualified from holding or obtaining a driver licence (including any limited licence) until the driver licence stop order is cancelled in accordance with section 91G or terminated in accordance with section 91H; and
                  1. if the defendant is authorised to obtain a limited licence, the limited licence may not be issued by the Director until the driver licence stop order is so cancelled or terminated.

                  2. When the order is issued for service, the defendant becomes liable to pay a single fee for the order, and that single fee—

                  3. is deemed to be imposed when the order is first issued, regardless of the number of times that the same order may subsequently be reissued; and
                    1. is not affected by the number of fines in respect of which the order is issued, so that if, for example, the order is issued for 2 fines, the fee is 1 fee and not 2 fees; and
                      1. is, for enforcement purposes, deemed to be a fine.

                        1. The amount of the fee deemed to be imposed by subsection (4) is the same as that prescribed by regulations, made under the Summary Proceedings Act 1957, in respect of enforcement action taken under that Act to enforce a fine.

                        Notes
                        • Section 91E: inserted, on , by section 7 of the Land Transport Amendment Act 2011 (2011 No 31).
                        • Section 91E(2A): inserted, on , by section 150(1) of the Courts Matters Act 2018 (2018 No 50).
                        • Section 91E(3): amended, on , by section 150(2) of the Courts Matters Act 2018 (2018 No 50).
                        • Section 91E(3)(b): replaced, on , by section 150(3) of the Courts Matters Act 2018 (2018 No 50).
                        • Section 91E(3)(e): replaced, on , by section 150(4) of the Courts Matters Act 2018 (2018 No 50).
                        • Section 91E(3)(f): amended, on , by section 261 of the District Court Act 2016 (2016 No 49).
                        • Section 91E(3)(g)(ii): amended, on , by section 83 of the Land Transport (NZTA) Legislation Amendment Act 2020 (2020 No 48).