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Naresh v New Zealand Transport Agency [2018] NZDC 18612

Published 05 June 2019

Appeal — NZTA — drivers licence — P endorsement — fit and proper person — Land Transport Act 1998, s 30C & 106. The appellant appealed a decision of the respondent declining his application to renew the passenger (P) endorsement on his drivers licence. The appellant was granted a licence to drive a taxi in 1975. By 2013, the appellant had accumulted 107 traffic related offences, 10 criminal convictions and over 50 documented complaints about his behaviour as a taxi driver. He was ultimately disqualified from holding a P endorsed licence for six years, having failed on appeal to the High Court. The present application was made when that disqualification period expired. The Judge held that the appellant was not a "fit and proper" person, as prescribed by s 30C of the Land Transport Act, primarily because he had accumulated further traffic offences since disqualification and failed to pay Court ordered costs on a prior appeal, showing a disregard for the law. Costs were awarded on a 2B basis to the respondent. Judgment Date: 30 August 2018.

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