The limited licence hearing is where the judge decides whether to grant your application. In some cases — particularly where the police do not oppose and the evidence is straightforward — the judge may consider the application on papers without a hearing at all. Where a hearing is required, it takes place in the District Court and typically lasts only a few minutes for unopposed applications. This guide covers both scenarios and what to expect if you do attend court.
Consideration on papers (no hearing)
In certain circumstances, the judge may decide the application without a hearing — considering it "on papers" based on the filed documents alone. This is most likely where:
- The police do not oppose the application
- The evidence is clear and complete — a well-drafted affidavit with strong supporting evidence
- The proposed conditions are reasonable and straightforward
- There are no statutory bars to address
If the application is considered on papers, you will be notified of the outcome without needing to attend court. However, you should not assume this will happen — always prepare as though a hearing will be required. Whether an application is dealt with on papers depends on the judge and the court's practice in your area.
This is where the quality of your application matters most. A properly drafted application — with a comprehensive affidavit, sworn employer evidence, and well-defined conditions — gives the judge everything needed to make a decision without calling you in. A weak or incomplete application almost guarantees a hearing, and possibly an adjournment for further evidence, adding weeks to the process. When your livelihood is on the line, getting it right the first time is not a luxury — it is the difference between being back on the road promptly and facing weeks of unnecessary delay while your employer's patience runs out.
If a hearing is required
Preparation
- Bring your original documents — the court may already have copies, but have originals available
- Review your affidavit — know your evidence thoroughly so you can answer questions
- Arrange for your deponents to attend — anyone who has sworn a supporting affidavit (employer, family member, medical professional, or other supporting person) will need to be at the hearing so the judge and prosecutor can ask them questions. The only exception is where the police agree beforehand that their attendance is not required
- Arrive early — at least 15 minutes before the scheduled time
- Dress appropriately — smart, conservative clothing (no jeans, shorts, or casual wear)
- Confirm the courtroom — check the court noticeboard or ask the registry for the correct room
Court etiquette
- Address the judge as "Sir" or "Ma'am" (or "Your Honour" in more formal settings)
- Stand when the judge enters and leaves the courtroom
- Stand when speaking to the judge
- Switch off your phone
- Do not speak unless invited to by the judge
How the hearing runs
Step 1: The case is called
The court registrar or clerk will call your name and case number. Stand and identify yourself.
Step 2: The judge confirms the application
The judge will confirm the nature of the application and check that:
- The application has been properly filed
- The police prosecutor has been served
- Any stand-down period has expired (for conviction-based disqualifications)
Step 3: Your submissions
This is your opportunity (or your lawyer's) to present the case for the limited licence. Submissions are not evidence — they are your opportunity to draw together the facts from your affidavit, identify the legal requirements, and explain how your evidence satisfies them.
A well-structured submission follows the F.I.L.A.C. framework:
Facts — Briefly outline your circumstances: the offence, the disqualification, your employment situation, and the hardship you face. Refer to your affidavit and supporting documents rather than re-reading them in full.
Issues — Identify what the court needs to decide: whether the hardship threshold under s105 is met, and what conditions are appropriate.
Law — Reference the applicable statutory provisions: s103 (eligibility), s105 (hardship test — extreme hardship to you or undue hardship to another person), and s104 (the court's power to impose conditions).
Application — Connect the law to your facts. Explain how your evidence demonstrates extreme or undue hardship. For example: "The evidence of my employer confirms that my role requires daily driving to client sites. Without a licence, I will lose my position — that constitutes extreme hardship under s105."
Conclusion — State clearly what you are asking the court to do: grant the limited licence on the proposed conditions.
Use formal language: "I respectfully submit that..." rather than "I think" or "I'm arguing." When you have finished, say "Those are my submissions" or ask if the judge has any questions.
Step 4: Police prosecutor's position
The prosecutor will indicate whether they:
- Do not oppose — the application may be granted without further discussion
- Oppose — they will make submissions explaining their grounds
- Seek modified conditions — they accept the licence but want narrower terms
Step 5: Your reply (if opposed)
If the prosecutor opposes or seeks amendments, you (or your lawyer) will have the opportunity to reply. Reply submissions should:
- Address only the new matters raised by the prosecutor
- Avoid repeating what you have already said
- Refer to specific evidence that counters the prosecutor's points
- Be willing to accept reasonable condition modifications
Step 6: The judge's questions
The judge may ask questions at any stage. Common questions include:
- "What happens to your job if the licence is not granted?"
- "Have you looked at public transport options?"
- "Why do the conditions need to cover weekends?"
- "What vehicle will you be driving?"
- "Do you understand the consequences of breaching the conditions?"
Answer directly and honestly. Refer to your affidavit where relevant.
Step 7: The decision
The judge will typically announce the decision immediately. The options are:
| Decision | What happens next |
|---|---|
| Granted | Court order issued specifying the conditions |
| Granted with modified conditions | Conditions may differ from what you requested |
| Adjourned | Judge wants more evidence or time — hearing rescheduled |
| Declined | Application refused — you may reapply with stronger evidence |
After the hearing
If granted
- The court issues an order specifying your limited licence conditions
- Complete the NZTA DL15 form and take it to an NZTA agent (e.g. VTNZ, AA) with two original court orders to have the limited licence endorsed on your driving record
- Keep a copy of the court order in your vehicle at all times
- Comply strictly with every condition — days, times, area, purpose
If declined
- Ask the judge (or your lawyer) to explain the reasons
- You may be able to reapply with additional evidence
- The court's concerns may point to specific gaps you can address
If adjourned
- The judge may request specific additional evidence
- A new hearing date will be set
- Use the adjournment to strengthen your application
Common mistakes at the hearing
- Not knowing your own evidence — if the judge asks about something in your affidavit and you cannot explain it, credibility suffers
- Arguing with the prosecutor — remain respectful and address the judge, not the prosecutor
- Asking for too much — overly broad conditions invite opposition and judicial scepticism
- Not being prepared to compromise — if the judge or prosecutor suggests narrower conditions, consider accepting them
- Bringing new evidence on the day — all evidence should be filed and served in advance. Producing surprise evidence at the hearing is generally not permitted