Land Transport Act 1998

If you need more information about this Act, please contact the administering agency: Ministry of Transport
36 Contravention of section 7 or section 22 involving injury

(1)

A person commits an offence if the person—

(a)

drives or causes to be driven a motor vehicle recklessly and by that act or omission causes an injury to another person; or

(b)

drives or causes a motor vehicle to be driven at a speed or in a manner which, having regard to all the circumstances, is or might be dangerous to the public or to a person and by that act or omission causes an injury to another person; or

(c)

without reasonable excuse, contravenes section 22 by failing to stop and ascertain whether any person has been injured, and render assistance, after an accident where a person has been injured or killed.

(2)

If a person is convicted of an offence against subsection (1),—

(a)

the maximum penalty is imprisonment for a term not exceeding 5 years or a fine not exceeding $20,000; and

(b)

the court must order the person to be disqualified from holding or obtaining a driver licence for 1 year or more.

(2A)

If an offence against subsection (1) is a concurrent offence in relation to a qualifying offence for an alcohol interlock sentence, then the mandatory disqualification in subsection (2)(b) is the period of disqualification for the purposes of section 65AE(d) (see section 65AH(3)(a)).

(3)

The imposition of a mandatory disqualification under this section is subject to section 81 (which allows a court not to order disqualification for special reasons relating to the offence).

Compare: 1962 No 135 ss 30AA(1), (2A)(b), (d), 55(1), 65(4)

Section 36 heading: amended, on 10 May 2011, by section 19(1) of the Land Transport (Road Safety and Other Matters) Amendment Act 2011 (2011 No 13).

Section 36(1): substituted, on 22 June 2005, by section 23 of the Land Transport Amendment Act 2005 (2005 No 77).

Section 36(1): amended, on 1 July 2013, by section 413 of the Criminal Procedure Act 2011 (2011 No 81).

Section 36(1)(a): amended, on 10 May 2011, by section 19(2) of the Land Transport (Road Safety and Other Matters) Amendment Act 2011 (2011 No 13).

Section 36(1)(b): amended, on 10 May 2011, by section 19(3) of the Land Transport (Road Safety and Other Matters) Amendment Act 2011 (2011 No 13).

Section 36(2A): inserted, on 1 July 2018, by section 9(1) of the Land Transport Amendment Act 2017 (2017 No 34).

Section 36(3): replaced, on 1 July 2018, by section 9(2) of the Land Transport Amendment Act 2017 (2017 No 34).