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Criminal & traffic law

Driving and traffic law

General driving offences

Licences and related offences

Driving without a licence or breaching licence conditions

Land Transport Act 1998, ss 5(1)(a), (b), 31 Land Transport (Offences and Penalties) Regulations 1999, Schedule 1

To drive a vehicle on the road you must have a current licence that’s appropriate for you and your vehicle. It’s an offence to drive with an expired licence, or to drive without the appropriate type (for example, if your licence doesn’t cover your type of vehicle), or to breach the conditions of your licence (for example, driving on a learner licence without a qualified supervisor). You can be given an infringement notice (a ticket) for $400 – or you can be fined up to $1,000 if you’re prosecuted and convicted through the courts.

Driving while disqualified or suspended

Land Transport Act 1998, ss 5(1)(c), 32

It’s a criminal offence to drive while you’re disqualified or while your licence is suspended or revoked, or to breach the terms of a limited licence, alcohol interlock licence or zero alcohol licence.

On your first or second conviction, you can be imprisoned for up to three months or fined up to $4,500, and you’ll also be disqualified for at least six months. For your third or later conviction, you can be imprisoned for up to two years or fined up to $6,000, and you’ll be disqualified for at least one year.

Not producing your licence for the Police

Land Transport Act 1998, ss 5(4), 31 Land Transport (Offences and Penalties) Regulations 1999, Schedule 1

If the police stop you while you’re driving, you must show them your licence straight away. If you don’t, they can give you a $55 infringement notice on the spot, or if you’re prosecuted and convicted through the courts you can be fined up to $1,000.

What if I have an overseas licence?

Land Transport Act 1998, ss 152, 152A, 154 Land Transport (Driver Licensing) Rule 1999 clauses 88, 88AA Land Transport (Driver Licensing) Amendment Rule 2024

If you have a valid licence issued in another country, you can drive in New Zealand, provided that the licence is

  • in English or
  • is accompanied by an International Driving Permit or an accurate English translation.

When you arrive in New Zealand as the holder of an overseas licence, you are deemed to hold a New Zealand licence of the equivalent class to your overseas licence. However, you can only legally drive using your overseas licence for a set period of time (see below). You also cannot use your overseas licence, if:

  • your overseas licence expires or is suspended or revoked,
  • you are disqualified from getting or holding a driver licence in New Zealand or in the country that issued your licence, or
  • you get a New Zealand driver licence.

If you are granted a New Zealand licence that has more restrictive conditions than your overseas licence (e.g. you have a New Zealand learner licence, but an overseas full licence), you must comply with the conditions of the New Zealand licence.

Time limits for use of overseas driver licences

The period during which you are usually allowed to drive in New Zealand on an overseas licence is 12 months. This time limit resets every time you enter New Zealand, regardless of your residence status.

In November 2024, in light of long waiting times for driver licensing tests, the government temporarily increased the period you can use an overseas car (Class 1) driver licence to 18 months. At the same time, it allowed the use of International Driving Permits for six months beyond their expiry date when used in conjunction with an overseas car driver licence. These extended validity periods will be revoked on 1 November 2026. If you last arrived in New Zealand between 1 November 2024 and 31 October, the 18-month limit will continue to apply to you, as long as you remain in New Zealand. If you arrive in New Zealand from 1 November 2026 onwards, the standard 12-month limit will apply.

The temporarily extended time limit does not apply to driver licences for vehicles other than cars (that is, all licence classes other than Class 1).

Next Section | Unsafe driving

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Driving and traffic law

Where to go for more support

Community Law

Your local Community Law Centre can provide you with free initial legal advice.

Find your local Community Law Centre online: www.communitylaw.org.nz/our-law-centres/

For Community Law’s guide to applying for a limited licence and template application forms: communitylaw.org.nz/resources/legal-letters

Waka Kotahi – New Zealand Transport Agency

Waka Kotahi’s site provides a wide range of driving and road safety information, including on topics covered in this chapter.

Website: www.nzta.govt.nz
Phone: 0800 699 000
Email: info@nzta.govt.nz

Search your question on Waka Kotahi’s resources section: www.nzta.govt.nz/resources

New Zealand Police

The New Zealand Police’s “frequently asked questions” section provides helpful information, particularly the “Driving/road safety” and “Tickets/infringements” section.

Website: www.police.govt.nz/advice-and-services/faqs

New Zealand Government

The New Zealand government website sets out more information about driving fines and penalties, including how to pay for infringement notices.

Website: www.govt.nz/browse/transport/driving-fines-and-penalties

Consumer Protection

The Consumer Protection website has useful information on a range of consumer topics, including private parking tickets and the towing and clamping of cars.

Website: www.consumerprotection.govt.nz/help-product-service/cars/parking-clamping-towing

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