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Chand v New Zealand Transport Agency [2017] NZDC 12955

Published 28 February 2018

Appeal — NZTA — passenger endorsement — Land Transport Act 1998 ss 30C and D — persistent offending — fit and proper person. This was an appeal by the defendant against a decision of the New Zealand Transport Agency (NZTA) to decline to renew the defendants passenger endorsement. The NZTA was not satisfied that the defendant was a fit and proper person as required by the Act. The issue for the court was whether or not the defendant is at the date of the hearing, and on the balance of probabilities, a fit and proper person to hold a P endorsement. The court found that behaviour involving "dishonesty is something that can be taken into account in assessing whether a person is fit and proper because it goes to public safety and falls within the broad range of matters the decision-maker must take into account". Therefore two sets of convictions do not make the defendant a fit and proper person to hold the endorsement so the appeal was dismissed. Judgment Date: 19 June 2017

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