When you are disqualified from driving or lose your licence because of excess demerit points, you can apply for a limited licence (also known as a work licence).

To be granted a limited licence you need to show the Court that:

• You face extreme hardship by not being able to drive.  For example, you need to drive a car during your work hours; or

• Another person will suffer undue hardship as a result of you being unable to drive.  This could be your children, other family members or your employer.

All applications are considered by a District Court judge and will allow you to drive during specific hours and on specified dates once NZTA issues you a licence.

You cannot apply for a limited licence if you:

• Are indefinitely disqualified from driving;

• Are disqualified and want to conduct driving tests as a driving instructor;

• Are disqualified as a result of drink driving while operating a transport service vehicle and want to resume driving;

• Have a breath alcohol reading of above 800 micrograms per litre of breath or 160 milligrams of alcohol per 100 millilitres of blood.

You cannot apply for a limited licence if you have been convicted of any two of the following offences (committed at separate times) within 5 years of each other:

• Reckless or dangerous driving;

• Careless or inconsiderate driving causing injury or death;

• Failing to stop after an accident;

• Drink driving or driving under the influence of drugs (excluding under 20 year’s old alcohol level);

• Applying for or obtaining a driver licence whole disqualified from doing so.

Mactodd Lawyers can help you prepare the application and supporting affidavits if you find yourself without a driver’s licence.

Court processes and litigation can be costly and, at times, unnecessary.  Alternative dispute resolution (ADR) refers to the less formal methods that can be used to resolve disputes or conflicts that do not involve litigation or going to court, and which can often achieve the desired result.  There are various forms of ADR and some methods are best suited to certain areas of law whether that is employment, family, or commercial disputes.

Other bespoke forms of ADR are available depending on the nature of your dispute or conflict, but generally speaking the main methods are:

• Negotiation

• Mediation

• Arbitration

Negotiation

Negotiation usually occurs at an early stage of a dispute, between the parties who are directly involved in the dispute.  The lawyers for the parties may also be involved to assist the parties to reach resolution.  Negotiation is usually the first step and the most cost-efficient way to resolve a dispute, provided it results in a conclusive outcome.  If negotiation does not resolve the dispute, other ADR methods such as mediation can be considered.

Mediation

Mediation involves an independent, neutral person (also known as a third party or mediator), who is trained to assist both parties to discuss the issues and make their own decisions and agreements between them to resolve the issue.  If a resolution is reached at mediation, the terms of the agreement are usually recorded in a confidential written agreement outlining the outcomes and resolutions between the parties to resolve the matter.

Arbitration

Arbitration is a more formal and binding method of ADR.  This method relies on a neutral third party, an arbitrator.  The difference between an arbitrator and a mediator is that an arbitrator generally has the authority to make an enforceable decision that is binding on both parties if they cannot agree.  The arbitrator’s decision is binding whether both parties are happy with the arbitrator’s decision or not.  This method is procedurally more flexible, and can be cheaper than going through a court process.  However, it is similar to the Court process in that evidence, witnesses, and legal submissions may sometimes be presented during the course of the arbitration.

Observations

Not all ADR methods result in a resolution between parties.  If ADR does not give rise to a resolution, either party may ask the Court or a tribunal to get involved afterwards in order to make a binding determination about the dispute.  However, ADR is an important and often useful first step that is worth considering. 

In order to determine which ADR method is best suited to your issue or dispute, it is important to consider:

• how flexible the parties are;

• levels of resourcing and affordability;

• timeframes;

• the nature of the relationship between the parties involved;

• confidentiality concerns;

• risk levels and tolerances; and

• the nature of the desired outcome for both parties.

You can contact one of our experts at Mactodd Lawyers for advice on how to resolve your particular issue or dispute.  We can provide you with advice and guidance on the most efficient and cost-effective means to resolve it based on your particular circumstances.

 If you disagree with a judicial decision made in a case you are involved in, you may be able to ask a Senior Court to review that decision.

The prosecution can also appeal your sentence if they think it wasn't tough enough.

It is recommended that you seek legal advice before commencing an appeal in the High Court. For more information, see the legal help section of the Ministry’s website.

What you can appeal against

There are general rights of appeal for most decisions made by the Court, including:

• conviction;

• sentence;

• refusal to grant bail;

• pre-trial decisions (e.g. a ruling that evidence is admissible);

• suppression of name(s) or details relating to your case;

• questions of law; and

• costs orders.

Note: when you appeal against a judicial decision, the outcome of that appeal will not necessarily be in your favour. For example, if you appeal against your sentence, the court has the authority to increase that sentence appealed against.

Who can I appeal to?

The first time you appeal a decision of a court, it is called a first appeal. The level of the court that decides the first appeal is called the first appeal court. The High Court will be your first appeal court if you are appealing the decision of a District Court judge.

In some circumstances, you may also be able to appeal the decision made by the court that heard the first appeal. This is called a further appeal. For example, if you appealed the decision of a Community Magistrate to the District Court (a first appeal), you may then be able to appeal that District Court decision to the High Court (a further appeal).

The Supreme Court is the highest court you can appeal to.

Will Legal Aid cover my Appeal?

Legal Aid may cover your appeal. However, even if you had legal aid for your trial you’ll have to apply for legal aid again for your appeal.

How do I appeal?

You should discuss your reasons for wanting to appeal with your lawyer. They'll give you an opinion on your chances of success. The decision you are seeking to appeal will determine how your appeal will progress through the justice system, including the court it may be heard in.

If you require more information on the criminal appeals process, you can;

• contact our litigation team; or

• ask for help at your nearest: Community Law Centre or
  Citizens Advice Bureau

The majority of criminal proceedings in New Zealand are held in the District Court.

In the District Court, a Justice of the Peace or a Community Magistrate, or a District Court Judge could deal with your case, depending on the severity of the penalty that could be imposed.

All Criminal offences in New Zealand are categorised into one of four categories depending on the seriousness of the offence. This category influences how your case will progress through the justice system, including the type of trial, and the court it may be heard in.

Each category of offence is outlined below. The most serious category of offence is category 4:

• A category 1 offence is an offence that is punishable by a fine only, or punishable by a maximum penalty of a community-based sentence. (For example, careless driving). These offences will be heard in the District Court by a Judge or Community Magistrate;

• A category 2 offence is an offence punishable by a maximum term of imprisonment of less than 2 years. These offences are generally heard in the District Court by a Judge alone

• A category 3 offence is an offence punishable by a term of imprisonment for life or a maximum term of imprisonment of two or more years, excluding any offence listed in schedule 1 to the Act. These offences are generally heard in the District Court. A subset of category 3 offences, called protocol offences, can be heard in the High Court though. Category 3 offences can be heard by either a Judge alone, or by a Judge and jury; and

• A category 4 offence is an offence listed in Schedule 1 of the Criminal Procedure Act 2011. These are the most serious offences, for example, murder or manslaughter. These offences will be heard in the High Court by a Judge and jury.

If you’re aged under 18 years and have been charged with a crime, your proceedings will most likely be dealt with in the Youth Court.

We provide clear, practical advice on insolvency and debt recovery, acting for both creditors and debtors. Whether you are seeking to recover outstanding debts or need guidance on your obligations, we work with you to understand your position and identify the most effective path forward. Our focus is on achieving timely, commercially sensible outcomes, while minimising disruption and cost wherever possible. We also advise on formal processes, including statutory demands, company liquidations, and personal bankruptcies. Whether initiating action or responding to proceedings, we guide you through each step with clarity and a focus on protecting your interests.