In the following cases a police officer must give you a notice immediately suspending your licence for 28 days:

• Repeat drink-driving – if you’ve driven with a breath-alcohol level of more than 400 micrograms or a blood-alcohol level of more than 80 milligrams, and you’ve already been convicted of a drink-driving offence in the last four years (400 mcg and 80 mg are the levels over which adult drivers will get a criminal conviction, rather than just an on-the-spot infringement notice)
• Serious drink-driving – if you’ve driven with a breath-alcohol level of more than 650 micrograms or a blood-alcohol level of more than 130 milligrams
• Refusing a blood test – if you’ve failed or refused to have a blood test when required to
• Serious speeding offences – if you drove at more than 40 km/h over the permanent sign-posted speed limit, or more than 50 km/h over a temporary limit (but this doesn’t apply if you were caught by a speed camera).

When you’re given a suspension notice in these cases, you must immediately hand over your licence to the police officer.

Land Transport Act 1998, ss 101, 109

Yes. You can appeal an automatic 28-day suspension to the NZ Transport Agency (NZTA) on the grounds that:

• you weren’t the driver at the relevant time, or
• the police didn’t have reasonable grounds for suspending your licence, or
• the suspension notice given to you didn’t meet the requirements for these notices.

You’ll have to set out your appeal in a “statutory declaration” – these have a particular format and must be signed by, for example, a Justice of the Peace (JP), a court registrar or a lawyer.

Oaths and Declarations Act 1957, Schedule 1

The NZTA must decide your appeal within five working days.

If the NZTA turn down your appeal, you can appeal their decision to the District Court.

Land Transport Act 1998, s 95(7)

If the relevant offence is serious enough, you’ll also have to appear in court. But if you’re found not guilty in court, your 28-day suspension will end immediately.