New Zealand Legislation: Acts

29B Passenger endorsement may be reinstated in certain cases

• (1) A person who has a conviction for a specified serious offence may apply to the Agency to have the passenger endorsement reinstated if—

  • (a) the person's passenger endorsement—

    • (i) is deemed to be expired and of no effect under section 29A(2); or

    • (ii) expired during the period beginning on 22 June 2005 and ending on the close of 15 January 2006; and

  • (b) the person has not, with respect to a conviction for an offence specified in paragraph (a) or paragraph (b) of the definition of specified serious offence in section 29A(4), been sentenced to imprisonment for a term exceeding 12 months.

  (2) If an application is made under subsection (1), the Agency—

  • (a) may reinstate the applicant's passenger endorsement if satisfied that allowing the applicant 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; and

  • (b) must, when determining whether reinstating the applicant's passenger endorsement would not be contrary to the public interest and would not pose an undue risk to public safety or security, have regard to—

    • (i) the sentence imposed for the applicant's last conviction for a specified serious offence; and

    • (ii) the length of time since the applicant's last conviction for a specified serious offence; and

    • (iii) the nature and circumstances of each specified serious offence for which the applicant has been convicted; and

    • (iv) any other convictions that the applicant has; and

    • (v) the general safety criteria set out in section 30C; and

    • (vi) any other matters that the Agency considers relevant, including (but not limited to) submissions by any affected party.

  (3) If the Agency decides to reinstate the person's passenger endorsement under subsection (2) or allow a person to hold a passenger endorsement under section 29A(3), section 29A(1) does not apply with respect to the person unless the person commits a specified serious offence on or after the date of the Agency's decision.

  (4) If the Agency decides not to reinstate the person's passenger endorsement under subsection (2) or allow a person to hold a passenger endorsement under section 29A(3), the person may appeal to the High Court.

  (5) For the purposes of this section,—

  imprisonment has the same meaning as in section 29A(4)

  specified serious offence has the same meaning as in section 29A(4).

  Section 29B: substituted, on 21 March 2006, by section 5(1) of the Land Transport Amendment Act 2006 (2006 No 2).

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

  Section 29B(2): amended, on 1 August 2008, by section 50(1) of the Land Transport Management Amendment Act 2008 (2008 No 47).

  Section 29B(2)(b)(vi): amended, on 1 August 2008, by section 50(1) of the Land Transport Management Amendment Act 2008 (2008 No 47).

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

  Section 29B(4): amended, on 1 August 2008, by section 50(1) of the Land Transport Management Amendment Act 2008 (2008 No 47).