Li v New Zealand Transport Agency [2019] NZDC 2380

Published 17 April 2019

Licence disqualification — Driver's Licence endorsements — Passenger Endorsement — fit and proper person test — Land Transport Act 1998, ss 13, 30, 106. The appellant appealed a decision by the New Zealand Transport Agency (NZTA) to disqualify and prohibit the appellant from driving any transport service vehicle for 12 months. The appellant also had his Class 2 and 4 licences revoked along with his Passenger Endorsement. The appellant had been recorded making a dangerous driving manoeuvre while working as a tour bus driver. That, along with a history of driving related offences, led the NZTA to reach the disqualification and prohibition decision. The appellant appealed the decision on the basis that he was a "fit and proper person", per the Land Transport Act, along with a series of submissions in support of his application, including the financial impact the decision would have on his family. The Judge, in balancing the issues, held that the length of disqualification had a considerable impact on the defendant's ability to earn and support his family and, therefore, the Judge reduced the appellant's period of disqualification/revocation from 12 months to 9 months. The Judge also directed the appellant to complete a defensive driving course before his licences could be returned. Judgment Date: 13 January 2019.