What is a limited licence or work licence?
It means the driver is currently subject to special conditions as the result of a suspension or disqualification (see NZTA website). There are 3 different types of limited licences:
- Limited licence or work licence
- Alcohol interlock licence
- Zero alcohol licence
A limited licence nz or work licence nz is a specific licence which allows a disqualified or suspended driver to drive for a specific purpose. Typically this is work related, but there are other reasons (such as collecting children from school, attending medical appointments etc).
A limited licence also means the driver is driving under the conditions of a court order. To obtain the court order, an application first has to be made to the relevant District Court.
Are you eligible? Take our FREE eligibility quiz here.
How long does it take to get a limited licence nz?
How long it will take depends on a number of factors. For many court-ordered disqualification offences there is a 28 day stand-down period. This means you can’t obtain a limited licence until 28 days have elapsed from the date of the disqualification order. However, you can still get your paperwork organised, it just means you can’t obtain your limited licence until at least day 29.
For drivers on a demerits points suspension there is no stand-down period. This means you can apply as soon as you have been served with a suspension notice. You have not been suspended until this step has been taken.
If you know a suspension notice is on the way to you then you should start preparing your application so that it is ready to go. You need to attach the suspension notice to your affidavit so you will need this as part of your application.
Step 1: pre-application stage
You will need to prepare your evidence and also any evidence in support of your application e.g. employer or family member. It is best to obtain a formal affidavit from any supporting witnesses.
You will also need to contact the police prosecutor to discuss your application and establish if the police will be opposing your application.
Step 2: application stage
File and serve your application. This means sending your application to the court and also providing a copy to the police.
The time it takes the court to list your application (i.e. confirm a hearing date) will vary depending on which District Court you need to apply to.
Step 3: the hearing
Attend the hearing of your application. This usually lasts only a few minutes if your paperwork is in order. The Judge may ask you and any witnesses some questions about your application. Note, you may have been able to agree in advance with the police that any witnesses are not required to appear.
Once the Order is made, you need to find the court registrar to obtain a court-stamped copy of the Order.
Step 4: apply to NZTA for your limited licence
Fill out the NZTA application and pay the fee. Send off with a copy of the Order. NZTA will consider your application and either decline or issue your limited licence. If they decline you have a right of appeal to the District Court.
How to apply for a limited licence nz?
What documents are required for a limited licence nz?
An application for a limited licence consists of:
- application notice
- draft court order
- affidavit evidence (from you as the applicant and any supporting witnesses e.g. your employer)
What court do you need to apply to?
To apply for a limited licence nz you must make your application to the relevant District Court.
If you were disqualified, your application is sent to the same District Court that originally disqualified you.
If you were suspended due to accumulating 100+ demerit points, your application is filed at your local District Court.
Work licence application forms
Most of the relevant court forms can be found here.
How much does a limited licence nz application cost?
What are the application fees for a limited licence nz?
The court fees depend on how you came to lose your licence:
| Court-ordered disqualification | Demerits points suspension | |
| Court application fee | $150 | $200 + $50 (sealing fee) |
| NZTA application fee | $39.30 | $39.30 |
| TOTAL: | $189.30 | $289.30 |
https://www.justice.govt.nz/courts/criminal/get-a-limited-licence/
https://www.nzta.govt.nz/assets/resources/factsheets/50/docs/50-limited-lic.pdf
How much might a lawyer typically charge for a limited licence application?
In short, it depends!
Some lawyers will offer a fixed fee, but expect most to charge at an hourly rate based on the time spent. As a rough guide, you might expect to pay between $1,000 – $2,000 plus GST and court fees (see above).
If a fixed fee is not being charged you should ask for an estimate before you agree to proceed.
Limited licence applications – see our fixed fees
What if the police oppose my limited licence nz application?
Approach the Police with a draft of your application
It is really important to approach the police ideally before you finalise and send your application to the court. It will make things much smoother if you can reach agreement on what conditions the police will agree to so that they will not oppose your limited licence application.
What if they continue to oppose my application?
Ultimately the decision on whether to grant the order rests with the court. This means even if the police oppose your application the court can still make the order. This underlines the importance of having good evidence to support your application to maximise the court making a favourable finding.
Where do I find details for the police prosecutor?
You should contact your local police station and ask to speak to the police prosecutor.
What does the court consider?
Eligibility
Limited licence nz: the legal rules concerning eligibility are set out in the legislation. Unless you meet these criteria the court won’t consider your application.
However, you can take our FREE eligibility quiz to check if you meet the criteria.
Extreme hardship
You have to satisfy the court that either you as the applicant have suffered extreme hardship or someone else has suffered undue hardship.
Firstly, extreme hardship is not defined in the relevant legislation, the Land Transport Act 1998. It is relatively difficult to establish.
However, the court has found that a loss of livelihood would satisfy the test. This is because of the obvious disastrous financial impact this would have for most people if they lost their ability to earn a living.
Undue hardship
On the other hand, undue hardship caused to someone else e.g. employer as a result of your loss of licence is somewhat easier to establish. The court has confirmed that it is less than extreme hardship but has to be more excessive than mere inconvenience.
If you are applying on the basis that your employer has been caused undue hardship then they will need to describe the nature and extent of that hardship in an affidavit e.g. difficulties replacing you due to your skills or experience / costs / delay due to recruitment process etc.
Public safety
The court also needs to be satisfied that granting an order will not be contrary to public safety. This will be particularly relevant where there are previous convictions for similar offences or alcohol or drug addiction issues are involved.
If you have concerns about previous convictions, you may wish to consider undertaking a defensive driving course to meet this concern.