Land Transport Act 1998 No 110 (as at 01 December 2009), Public Act

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

    • (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): inserted, on 21 March 2006, by section 4(3) of the Land Transport Amendment Act 2006 (2006 No 2).