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StatuteSentencing Act 2002

Section 124 — Sentencing Act 2002: Power of court to disqualify offenders from driving motor vehicles

Text of the provision Official document

124 Power of court to disqualify offenders from driving motor vehicles (1) This section applies if a person is convicted of an offence punishable by imprisonment, not being an offence against the Transport Act 1962 or the Land Transport Act 1998 . (2) A court may exercise the power in subsection (3) if a person is convicted of an offence referred to in subsection (1) and the court is satisfied that,— (a) the commission of the offence was facilitated by the use of a motor vehicle by the offender, whether or not the offender was the driver or person in charge; or (b) a motor vehicle was used by the offender, whether or not the offender was the driver or person in charge, for the purpose of facilitating his or her flight or avoiding his or her detection or arrest after the commission of the offence. (3) The court may order the offender to be disqualified from holding or obtaining a driver licence within the meaning of the Land Transport Act 1998 for any period in accordance with section 125 that the court thinks fit. (4) The court may make an order under this section in addition to, or instead of, passing any other sentence or making any other order. (5) Nothing in this section limits or affects any power of the court under any other enactment to make an order disqualifying any person from holding or obtaining a driver licence. Compare: 1985 No 120 s 83(1) , (2) , (6)

Official source: legislation.govt.nz

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Statutory text from an official public source. Informational content — does not replace advice from a qualified lawyer.