district court logo

Phimister v New Zealand Transport Agency [2018] NZDC 18013

Published 04 April 2019

Judgment — appeal of New Zealand Transport Agency — Disqualified transport service driver — Land Transport Act 1998, ss 30C, 87A, 106. The appellant appeared in Court to appeal a decision of the Land Transport Agency that: (i) Disqualified and prohibited the appellant from driving any vehicle being used in a transport service (other than a rental service) for a period of one year and one day; (ii) Revoked the appellant’s driver licence in respect of Classes 2, 3, 4 and 5; and (iii) Disqualified the appellant from holding or obtaining those classes of driver licence for period of one year and one day. The decision was made on the grounds that the appellant was not a fit and proper person to be a transport service driver. The New Zealand Transport Agency (NZTA) had initially indicated that it would impose a three year disqualification, but after submissions, reduced that to a year and one day. From 1997, the appellant had committed a series of driving offences, including a crash in 2008, while driving a truck and trailer unit, that resulted in a conviction of careless driving, the revocation and disqualification of the appellant's licences in 2009 for two years, and subsequent offending following the appellant regaining his Class 2, 3, 4 and 5 licences after a resit. The continued offending against the long background of earlier offending led the NZTA to prohibit and disqualify the appellant. Sections 87A, 30C and 30F of the Land Transport Act provide the legal criteria for disqualification for a driver deemed not a "fit and proper person". The Judge found that the NZTA were correct in finding the appellant was not a fit and proper person to be a transport service driver, however, as the appellant had left his previous inter-island hauling job for a driver/crane operator position, reducing his working hours and job requirements, the Judge reduced the the disqualification and prohibition period to eight months. Judgment Date: 30 August 2018.

Tags