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Traffic Law • Land Transport Act 1998

How to Apply for a Limited Licence (Work Licence) in NZ

By Chris Nicholls, Barrister & Solicitor • Courts: Hutt Valley & Wellington District Courts • Updated October 2026

Legal Snapshot (AI Overview)

A Limited Licence (commonly called a Work Licence) permits a disqualified driver to drive under strictly defined conditions (specific vehicle, designated hours, and geographical routes). Under Sections 103–105 of the Land Transport Act 1998, an applicant must prove that disqualification causes extreme hardship to themselves or undue hardship to others.

1. The Legal Test: "Extreme Hardship" vs. "Undue Hardship"

The District Court does not grant limited licences automatically. You must satisfy one of two statutory grounds:

1. Extreme Hardship to You:

Mere inconvenience is not enough. You must prove that being unable to drive will result in the immediate loss of your livelihood or business (supported by an affidavit from your employer confirming that driving is an essential term of your employment).

2. Undue Hardship to Others:

Applicable if dependent family members, children requiring specialized medical care, or employees in your company will suffer substantial, unfair hardship if you cannot drive.

2. The Mandatory 28-Day Stand-Down Period

If your disqualification was imposed by a District Court Judge (for example, following a conviction for excess breath/blood alcohol or dangerous driving), Section 103 imposes a mandatory 28-day statutory stand-down period.

The court cannot grant an order that takes effect before the 28 days have passed from the date of sentencing. However, you should instruct your lawyer immediately upon sentencing so that all affidavits, draft orders, and police approvals are processed in advance, enabling you to drive on Day 29.

Demerit Point Suspensions: If your licence was suspended by NZTA due to accumulating 100 demerit points (rather than a court conviction), no 28-day stand-down applies. You can apply to the court immediately.

3. Step-by-Step Limited Licence Court Process

  1. Drafting the Application & Affidavits: We draft your personal affidavit and your employer's supporting affidavit setting out why public transport is unfeasible and confirming your employment requires driving.
  2. Serving the Police Prosecution Service: The completed application is served on the Police. If the Police do not oppose the draft order, the matter can often be granted by a Judge in chambers without requiring you to appear in the witness box.
  3. Court Hearing (If Opposed): If the Police raise concerns regarding hours or logbook requirements, Chris Nicholls represents you before the District Court Judge to secure the order.
  4. Licence Issue at AA / VTNZ: Once the Judge signs the court order, you take the sealed order to the AA or VTNZ testing station to have your limited licence card issued.
Preserve Your Livelihood

Disqualified and Need a Limited Licence?

We prepare and file complete limited licence applications in Hutt Valley and Wellington District Courts on a transparent fixed-fee basis.

Call 027 202 9338 Enquire About Fixed Fee