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New Zealand Police v Cao [2018] NZDC 1929

Published 21 August 2018

Use document for pecuniary advantage — drove without appropriate drivers licence — made a false statement in a logbook — produce a logbook which contains false entries — tour bus — Hayes v Regina SC 16/2007 [2008] NZSC 3 — Crimes Act 1961, ss 217 & 228. The second defendant was the driver of a tour bus which was stopped by Police as part of an operation to check on Transport Licencing matters. When spoken to by Police the defendant produced a driver licence and log book in another person's name. When interviewed by Police the defendant stated that he supplied the false drivers licence because he didn't have the correct P licence and could make more money as a tour bus driver than his other job. The first defendant also acknowledged that he knew and arranged for the the second defendant to work with another persons licence. The court found that in relation to the second defendant, that the elements of s 228 were proven to the required standard. The court also found that the first defendant knew that the second defendant did not have the appropriate driver's licence and as the manager he actively encouraged the second defendant to undertake the tour using someone else's licence. The defendant's were accordingly found guilty of the charges and were to be sentenced at a later date. Judgment Date: 7 February 2018