How to turn a disqualification into community service.

Section 94 of the Land Transport Act

Section 94 of the Land Transport Act 1998 (NZ) allows a court, in very specific circumstances, to substitute a mandatory driving disqualification with a community-based sentence—typically community work or supervision.

 When does Section 94 apply?

According to current legislation:

1. The driver must have been previously disqualified (even just once

2. The court finds that a further disqualification would be inappropriate, considering:

   • The nature of the offence and the offender

   • How effective previous disqualifications have been

   • The personal impact of renewed disqualification (e.g., job loss)

   • The public interest

3. The court determines that a community-based sentence is more suitable.

   • This includes community work, or supervision or intensive supervision where available However, Section 94 does not apply if:

• Section 63 or 65 (mandatory indefinite disqualification for certain repeat alcohol/drug offences) applies, or

• An alcohol interlock sentence has been ordered under Section 65AC, or

• The offender is barred from a limited licence under Section 103

• ​

🧩 Why was this introduced?

Courts use Section 94 to avoid “extremely long or successive disqualifications” that disproportionately harm individuals—especially where losing a licence would impact their employment or family life .

A judge in Timbrell v NZ Police [2018] confirmed that Section 94 is not limited to offenders caught in an endless cycle of disqualifications; it can be applied more broadly where just and appropriate

🛠️ How does an application work?

Typically:

• The offender pleads guilty or is convicted.

• A Section 94 application is made at sentencing.

• Evidence (like affidavits) may be submitted to the court—e.g., to support hardship or employment loss arguments

• If successful, instead of extending the ban, the court orders community work or supervision, along with any other fitting penalties (fines, costs)

⚖️ Who is it for?

• Typically used by those who would suffer disproportionate hardship if disqualified again, especially for work or caregiving reasons .

• It can be used for offenders on their second offence—not just those in a cycle of reoffending—if it's a fair response

• Not available for first-time disqualification cases or where other stricter sections (63, 65) apply.

📋 Summary Table

Criteria

Requirement

Previous disqualification

Yes (any prior court order)

Inappropriateness of new ban

Court must find it inappropriate

Public interest & personal impact

Must justify substitution

Community sentence suitability

Required

Exclusions

Sections 63, 65, alcohol interlock, licence bans

📝 Bottom line

Section 94 offers a flexible alternative to rigid disqualification by enabling courts to impose community-based sentences instead. Its primary goal is to balance road safety with fairness—especially for people whose livelihoods or family responsibilities hinge on having a driver's licence.

If you're facing traffic charges and think Section 94 might apply, consulting a lawyer early is wise—affidavits and legal submissions often make a strong case