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Do You Qualify for a Limited Licence? Common Mistakes That Lead to Rejection

By R M Norris, Barrister

Many limited licence applications in NZ fail due to common errors. Learn the top reasons for rejection and how to avoid them under sections 103-105 of the Land Transport Act.

Think getting a limited licence in New Zealand is straightforward? Many applicants are shocked to find their requests denied.

Mistake #1 -- Misunderstanding the 28-Day Stand-Down Period

For serious offences, section 104 imposes a 28-day stand-down. You can file your application during this period -- and should -- but the court cannot grant the order until the 28 days have passed.

Mistake #2 -- Ineligibility Under Section 103

You cannot apply if:

  • Disqualified under section 65
  • Disqualified for driving while disqualified
  • Disqualified for transport service-related offences

Many applicants waste time and money applying when they're legally ineligible. Read our guide on section 65 exceptions to understand drink driving restrictions.

Mistake #3 -- Weak Evidence of Hardship

Courts need sworn affidavits, especially from employers. Letters alone may not be sufficient. Your evidence must clearly demonstrate extreme hardship to you or undue hardship to others.

Strong evidence includes:

  • Detailed employer affidavit confirming job requirements
  • Medical certificates for family care responsibilities
  • Evidence of rural location with no public transport
  • Financial statements showing sole income earner status

Mistake #4 -- Asking for Broad Driving Rights

Applications must be tightly limited -- days, hours, routes. Courts will reject applications that seem too general or don't demonstrate genuine restriction.

Good Application vs Bad Application

Good: Specific and Limited

  • Monday-Friday, 7:30am-8:30am
  • Home to workplace via State Highway 1
  • Work purposes only
  • Company vehicle registration ABC123

Bad: Vague and Broad

  • Any day of the week
  • Anywhere in Auckland
  • Work and personal errands
  • Any vehicle

Additional Common Pitfalls

Poor Court Preparation

Many applicants arrive at court unprepared, don't understand their conditions, or can't answer the judge's questions about alternatives to driving.

Inadequate Legal Representation

Self-represented applicants often miss technical requirements or fail to present their case persuasively. Professional legal help significantly improves success rates.

Timing Issues

Filing too late or not understanding court timeframes can delay your application. Some applicants also fail to serve proper notice to Police.

How to Avoid These Mistakes

  1. Check your eligibility first -- Review sections 103-105 of the Land Transport Act before applying.
  2. Gather comprehensive evidence -- Obtain sworn affidavits and supporting documentation.
  3. Be specific and limited -- Clearly define when, where, and why you need to drive.
  4. Understand the process -- Know the timelines, court procedures, and your obligations.
  5. Get professional help -- Consider legal representation to maximise your chances.

Avoid these mistakes by preparing thoroughly and getting legal help. Take our free eligibility quiz to check whether you qualify, then let our team at Limited Licence Lawyer guide you through the process. We offer fixed-fee packages starting from $749 + GST (Standard) or $1,499 + GST (Complex), so you know exactly what to expect.