New Zealand Legislation: Acts

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).

  Sections 29A and 29B were inserted, as from 16 January 2006, by section 16 Land Transport Amendment Act 2005 (2005 No 77). See sections 96 to 100 of that Act as to the transitional and savings provisions.

  The heading was amended, as from 21 March 2006, by section 4(1) Land Transport Amendment Act 2006 (2006 No 2) by omitting the words “or applying for”..

  Subsection (1) was amended, as from 21 March 2006, by section 4(2) Land Transport Amendment Act 2006 (2006 No 2) by omitting the words “or apply for”.

  Subsection (3) was substituted, as from 21 March 2006, by section 4(3) 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).

  Subsection (4) was inserted, as from 21 March 2006, by section 4(3) Land Transport Amendment Act 2006 (2006 No 2).