8 Dec 2020
IAG NEW ZEALAND LIMITED v FORDE [2020] NZHC 3233
- Citation
- [2020] NZHC 3233
- Court
- High Court
The Court held that, as a matter of law and purposive statutory construction, a fully licensed driver who is asleep is not 'in charge of' a vehicle for the purposes of cl 16(1)(a)(ii) of the Land Transport (Driver Licensing) Rule 1999; the Court made a declaratory judgment to that effect (declaration A) but declined to make the further case‑specific declarations sought because the IFSO had not determined the factual question on the balance of probabilities and because making the additional declarations would improperly intrude on the IFSO scheme process and exceed the exercise of discretion.