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