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Merta v New Zealand Transport Agency [2019] NZDC 8826

Published 08 August 2019

Appeal of New Zealand Transport Agency decision — NZTA — passenger endorsement — fit and proper person — Land Transport Act 1988, ss 30, & 106 — Brown v New Zealand Transport Agency DC Dunedin CIV-2010-012-000808, 14 April 2011 — Kacem v Bashir [2011] 2 NZLR 1 — Land Transport (Driver Licensing) Rules 1999. The appellant sought an appeal of a decision made by the New Zealand Transport Agency ("NZTA") declining the renewal of his passenger endorsement on the basis he was not a fit and proper person, per the Land Transport Act ("the Act"). The appellant had held a passenger endorsement since 2013, prior to which he had committed a number of driving offences, but was granted a passenger endorsement that included a "Warning Notice". The appellant committed a further seven offences, including instances of excessive speed, operating an unlicensed motor vehicle, and failing to wear a seatbelt, and was suspended for three months due to excessive demerit points in 2017. In 2018, the appellant unsuccessfully applied for a renewal of his passenger endorsement. The Judge reviewed the history of offending and noted that the significance of a passenger endorsement is that it granted the appellant permission to drive passengers and that public safety is paramount in considering whether a driver should retain the privilege of the endorsement. The Judge declined the appeal, finding the appellant was not a fit and proper person under the Act. Judgment Date: 17 May 2019.

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