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Land Transport Act 1998

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

91G: Cancellation of driver licence stop order

You could also call this:

“How to undo a rule that stops someone from driving”

The head of the Ministry of Justice can cancel a driver licence stop order if there’s a good reason. This might happen if the order was made by mistake or if it doesn’t match what a judge decided. If the order is cancelled, the Ministry of Justice will tell you and the Director about it.

The cancellation becomes official when it’s shown in a special list called the national register. If your driver licence was taken away because of the order, and you’re allowed to have a licence, the Director will make you a new one. They’ll send it to your address that’s written in the national register.

The Ministry of Justice has to pay the Director for making your new licence. This is all part of making sure that if a mistake was made with your driver licence stop order, it can be fixed quickly and you can get back to driving if you’re allowed to.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM5706327.

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

91GCancellation of driver licence stop order

  1. The chief executive of the Ministry of Justice may, if there is good reason for doing so, cancel a driver licence stop order.

  2. Without limiting the generality of subsection (1), a good reason exists, for the purposes of that subsection, if the driver licence stop order—

  3. was imposed or served in error; or
    1. is inconsistent with a judicial determination.

      1. The chief executive of the Ministry of Justice must give notice of the cancellation to the person on whom the order was imposed and to the Director.

      2. The cancellation takes effect when it is shown on the national register maintained under section 199.

      3. When the Director receives notice of the cancellation, the Director must, if the defendant's driver licence was surrendered and forwarded to the Director and the defendant is otherwise eligible to hold a current driver licence, replace the photographic driver licence and send it by ordinary post to the defendant's address recorded on the national register maintained under section 199.

      4. The chief executive of the Ministry of Justice must pay the Director the prescribed fee for replacing the photographic driver licence in accordance with subsection (5).

      Notes
      • Section 91G: inserted, on , by section 7 of the Land Transport Amendment Act 2011 (2011 No 31).
      • Section 91G(3): amended, on , by section 85(1) of the Land Transport (NZTA) Legislation Amendment Act 2020 (2020 No 48).
      • Section 91G(5): amended, on , by section 85(2) of the Land Transport (NZTA) Legislation Amendment Act 2020 (2020 No 48).
      • Section 91G(6): amended, on , by section 85(3) of the Land Transport (NZTA) Legislation Amendment Act 2020 (2020 No 48).