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Conditions on a Limited Licence in New Zealand

By R M Norris, Barrister

A limited licence specifies exactly when, where, and why you can drive. Here is how the court sets conditions under s104 and what restrictions apply.

A limited licence is not a full licence. It specifies exactly when you can drive, where you can drive, why you can drive, and what vehicle you can use. The conditions are set by the court under section 104 of the Land Transport Act 1998, and driving outside those conditions is a criminal offence.

How conditions are set

Under section 104, the court may impose any conditions it thinks fit when granting a limited licence. The judge considers:

  • The hardship evidence presented
  • The proposed conditions in the application
  • Any police submissions on conditions
  • Public safety considerations
  • The nature of the offence

The court is not bound by the conditions you propose. It can grant narrower conditions than requested, or add conditions not included in the application.

Standard conditions

Days and times

The court specifies which days of the week and which hours you can drive:

  • Work days only — e.g. Monday to Friday
  • Specific hours — e.g. 6:00 am to 6:00 pm
  • Weekend conditions — only if supported by evidence (e.g. shift worker, Saturday work)

The hours should reflect your actual needs. Requesting 5:00 am to 11:00 pm when you work 8:00 am to 5:00 pm will raise questions.

Geographical area

The court defines where you can drive:

  • A specific area (e.g. within 30 km of your workplace)
  • Named routes (e.g. between your home address and workplace address)
  • A town or region boundary

Your boundary map (filed with the application) is the basis for this condition. The court may adopt your proposed boundary or narrow it.

Purpose

The licence is restricted to specific purposes:

  • Employment — travelling to and from work, and driving during work hours for work purposes
  • Medical — attending medical or dental appointments
  • Education — travelling to and from an educational institution
  • Dependant transport — driving a dependant to school, medical appointments, or other essential activities

Recreational driving, social visits, and general errands are not covered.

Vehicle

The court may specify:

  • The particular vehicle (by registration number)
  • The class of vehicle
  • Whether a company vehicle or personal vehicle

Additional conditions

The court may also impose:

Zero alcohol condition

Particularly common for alcohol-related disqualifications. The condition requires zero breath or blood alcohol while driving on the limited licence — not the normal adult limit of 250 mcg/L or 50 mg/100mL.

Passenger restrictions

The court may restrict who can be in the vehicle — for example, only passengers related to the approved purpose.

Reporting conditions

In some cases, the court may require the licence holder to report to police or NZTA at specified intervals.

Restrictions under s103

Certain activities cannot be authorised by a limited licence regardless of conditions:

Restriction Section
Driving a transport service vehicle (taxi, ride-share, bus, courier, passenger service) s103
Giving driving instruction for hire or reward s103

If your employment is as a taxi driver, courier driver, bus driver, or driving instructor, a limited licence cannot cover that specific activity. You may be able to obtain a limited licence for other driving purposes, but not for the transport service or instruction work itself.

Practical implications

Keep the court order in your vehicle

Always carry a copy of the court order. If stopped by police, you will need to produce it to show you are driving within your conditions.

Strictly comply with every condition

The conditions are precise for a reason. If the licence says Monday to Friday, 6:00 am to 6:00 pm, you cannot drive at 6:01 pm or on Saturday — even if it seems trivial. Breach is a criminal offence.

Changes require a variation

If your circumstances change (new job, different hours, moved house), you cannot simply adjust your driving. You must apply to the court for a variation of conditions.

Multiple purposes

If you have more than one hardship ground (e.g. work and medical appointments), the court can set conditions covering both — but each purpose will have its own days, times, and routes specified in the order.

Frequently asked questions

The court specifies the days and times you can drive, the geographical area or routes, the purpose (work, medical, education), and the vehicle you can use. Additional conditions may include zero alcohol requirements.

Yes, provided you are driving for the approved purpose during the approved times. You must stay within the geographical boundary set by the court. Driving outside the boundary — even for the approved purpose — is a breach.

Generally no. Limited licences are granted for specific purposes that justify the hardship claim — typically work, medical appointments, or essential dependant transport. General personal driving is not covered.

No. Section 103 specifically provides that a limited licence cannot authorise the driving of a transport service vehicle (taxi, ride-share, bus, courier, or passenger service vehicle) or giving driving instruction for hire or reward.

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