New Zealand Case Law: Decisions & Judgments

Topic

Limited licence eligibility

Legal area

Court

27 Jun 2022

SMITH v NEW ZEALAND POLICE [2022] NZHC 1496

Citation

[2022] NZHC 1496
Court

High Court

s94(4)(b) must be applied by reference to the period of disqualification that would arise from the current offending (a pre-emptive assessment); being subject to an existing disqualification for a specified offence does not automatically bar a s94 application where the current offence is not itself a specified offence, and the District Court erred in concluding it had no jurisdiction to consider the s94 application.
16 Sept 2021

BROADHURST v POLICE [2021] NZHC 2433

Citation

[2021] NZHC 2433
Court

High Court

The High Court found no legal error affecting the District Court's decision: the applicant was in fact prohibited from applying for a limited licence by s 103(2)(c), and the Judge refused to apply s 94 not because of a mistaken belief about limited licence availability but because the applicant's extensive and repeated offending made substitution inappropriate; the combined sentence of six months' community detention and 15 months' disqualification was not manifestly excessive, so the appeal was dismissed.
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).

New Zealand Case Law

SMITH v NEW ZEALAND POLICE [2022] NZHC 1496

BROADHURST v POLICE [2021] NZHC 2433

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