29A Persons convicted of specified serious offences prohibited from holding passenger endorsement

(1)

A person who has been convicted of a specified serious offence on, before, or after the commencement of this section may not hold a passenger endorsement on his or her driver licence.

(2)

A passenger endorsement is deemed to be expired and of no effect if held by a person who has been convicted of a specified serious offence on, before, or after the commencement of this section.

(3)

Despite subsection (1), a person may hold a passenger endorsement if—

(a)

the person has not, with respect to a conviction for a specified serious offence, been sentenced to imprisonment for a term exceeding 12 months; and

(b)

the Agency is, having regard to the criteria in section 29B(2)(b), satisfied that allowing the person to hold a passenger endorsement would not—

(i)

be contrary to the public interest; and

(ii)

pose an undue risk to public safety or security.

(4)

For the purposes of this section,—

imprisonment excludes—

(a)

corrective training; or

(b)

borstal training; or

(c)

detention centre training

specified serious offence means—

(a)

murder; or

(b)

a sexual crime under Part 7 of the Crimes Act 1961 punishable by 7 or more years’ imprisonment (other than an act that is no longer an offence); and includes a crime under section 144A or section 144C of that Act; or

(c)

an offence against any of the following sections of the Crimes Act 1961:

(i)

section 173 (attempt to murder):

(ii)

section 174 (counselling or attempting to procure murder):

(iii)

section 175 (conspiracy to murder):

(iv)

section 176 (accessory after the fact to murder):

(v)

section 188 (wounding with intent):

(vi)

section 189(1) (intent to cause bodily harm by injury):

(vii)

section 191 (aggravated wounding or injury):

(viii)

section 198 (discharging firearm or doing dangerous act with intent):

(ix)

section 199 (acid throwing):

(x)

section 200(1) (intent to cause grievous bodily harm by poison):

(xi)

section 201 (infecting with disease):

(xii)

section 208 (abduction for purposes of marriage or sexual connection):

(xiii)

section 209 (kidnapping):

(xiv)

section 210 (abduction of young person under 16):

(xv)

section 234 (robbery):

(xvi)

section 235 (aggravated robbery):

(xvii)

section 236 (assault with intent to rob):

(d)

an offence committed outside New Zealand that, if committed in New Zealand, would constitute an offence specified in paragraphs (a) to (c).

Section 29A: inserted, on 16 January 2006, by section 16 of the Land Transport Amendment Act 2005 (2005 No 77).

Section 29A heading: amended, on 21 March 2006, by section 4(1) of the Land Transport Amendment Act 2006 (2006 No 2).

Section 29A(1): amended, on 21 March 2006, by section 4(2) of the Land Transport Amendment Act 2006 (2006 No 2).

Section 29A(3): substituted, on 21 March 2006, by section 4(3) of the Land Transport Amendment Act 2006 (2006 No 2).

Section 29A(3)(b): amended, on 1 August 2008, by section 50(1) of the Land Transport Management Amendment Act 2008 (2008 No 47).

Section 29A(3)(b): amended, on 20 September 2007, by section 4 of the Land Transport Amendment Act 2007 (2007 No 66).

Section 29A(4): added, on 21 March 2006, by section 4(3) of the Land Transport Amendment Act 2006 (2006 No 2).