New Zealand Case Law: Decisions & Judgments

Topic

Land transport act s94

Legal area

Court

3 May 2021

NICHOLSON v POLICE [2021] NZHC 960

Citation

[2021] NZHC 960
Court

High Court

Having considered the s 94(1) factors and admitted fresh evidence, the Court concluded disqualification was inappropriate given the offender's employment and family circumstances, the neutral effect of prior disqualification, and that sentencing purposes could be met by a community-based sentence; accordingly the one-year disqualification was quashed and substituted with an additional 60 hours community work under s 94(3).
8 Jul 2020

SCADDEN v NEW ZEALAND POLICE [2020] NZHC 1619

Citation

[2020] NZHC 1619
Court

High Court

Section 94(4)(aa) excludes application of s 94 while an alcohol interlock sentence is active; the present-tense wording denotes an existing order, and allowing s 94 to apply where the offender has failed to comply with an interlock sentence would undermine the interlock regime and permit offenders to avoid further disqualification; therefore the District Court judge correctly declined to apply s 94 and imposed the mandatory disqualification.
18 Feb 2020

MASTERS v NEW ZEALAND POLICE [2020] NZHC 33

Citation

[2020] NZHC 33
Court

High Court

Judge correctly declined s94 substitution because the appellant had an extensive history of driving while disqualified and breaching court orders, demonstrated persistent non-engagement with rehabilitative measures, held only a learner licence (limiting benefit of substitution), and public interest and safety required continued disqualification.
8 May 2019

FOWLDS-KOTUHI v NEW ZEALAND POLICE [2019] NZHC 985

Citation

[2019] NZHC 985
Court

High Court

Failure to raise the possibility of a s94 application at sentencing constituted a material error because, on the facts before the Court, there was a proper basis to consider substitution of the 13-month disqualification with a community-based sentence; accordingly the High Court quashed the 13-month disqualification and, pursuant to s94, substituted it with 30 hours' community work (to be served in addition to the existing 100 hours).
3 Apr 2019

ROGERS v NZ POLICE [2019] NZHC 684

Citation

[2019] NZHC 684
Court

High Court

The District Court erred by failing to provide the appellant an opportunity to present material relevant to s 94 and by failing to give reasons; accordingly the appeal is allowed, the disqualification and community work sentence are quashed and the matter is remitted for resentencing with opportunity to file an affidavit addressing s 94 and to obtain any necessary reports.
17 May 2017

Collett v NZ Police [2017] NZHC 1012

Citation

[2017] NZHC 1012
Court

High Court

Because the appellant remained subject to a sentence of imprisonment (and therefore parole), the Court could not impose a concurrent community-based sentence under s94 LTA; accordingly the s94 application failed and the disqualification order was upheld.
8 Aug 2016

MARTIN v NZ POLICE [2016] NZHC 1831

Citation

[2016] NZHC 1831
Court

High Court

Given the appellant's 14 prior convictions for driving while disqualified an 18 month starting point was within the available range; an uplift for non-compliance convictions was justified but two months (not four) was appropriate; after appropriate discounts including full credit for plea the reassessed sentence was effectively unchanged in practical terms and therefore the imposed 14 month sentence was not manifestly excessive; refusal of home detention and imposition of an 18 month disqualification were properly exercised and s94 relief was not available once imprisonment was imposed.

New Zealand Case Law

NICHOLSON v POLICE [2021] NZHC 960

SCADDEN v NEW ZEALAND POLICE [2020] NZHC 1619

MASTERS v NEW ZEALAND POLICE [2020] NZHC 33

FOWLDS-KOTUHI v NEW ZEALAND POLICE [2019] NZHC 985

ROGERS v NZ POLICE [2019] NZHC 684

Collett v NZ Police [2017] NZHC 1012

MARTIN v NZ POLICE [2016] NZHC 1831