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Cole v Director of Land Transport [2024] NZDC 15646

Published 28 November 2024

Reserved judgment — revocation of driver's licence — medical fitness to drive — notice from medical practitioner — Land Transport Act 1998, ss 18 & 106 — Brown v NZ Transport Agency DC Dunedin CIV-2010-012-808, 14 April 2011. The appellant's driver's licence had been revoked. The respondent had decided to revoke the licence after getting an email from the appellant's GP stating that the appellant had severe dementia and that it was unsafe for him to continue driving. The appellant contended that this decision was unjustifiable. He denied being unfit to drive, and said that the GP had never examined him. The Court found that on the evidence, the respondent's decision had been the correct one. The evidence showed that the GP did know the appellant and had had good grounds for her opinion that he was unfit to drive. There was no reason for the Court to reach a different conclusion. The appeal was dismissed. Judgment Date: 6 July 2024

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