In clause 88(3), replace “A person who is deemed by subclause (1) to hold a New Zealand driver licence may continue to drive under that driver licence” with “A person to whom this subclause applies may continue to drive under the New Zealand driver licence that they are deemed to hold”.

6 New clause 88AA inserted (Recognition of overseas driver licence or permit (Class 1))

After clause 88, insert:

88AA Recognition of overseas driver licence or permit (Class 1)

A person who is deemed by clause 88(1) to hold a New Zealand Class 1 driver licence may continue to drive under that driver licence until the first of the following situations occurs:

(a)

the person has remained in New Zealand for a continuous period of 18 months; or

(b)

the document that enabled that person to be deemed to hold a New Zealand Class 1 driver licence under—

(i)

clause 88(1)(a) expires, is suspended, or is revoked; or

(ii)

clause 88(1)(b) expired more than 6 months previously, is suspended, or is revoked; or

(c)

an order is made disqualifying the person from holding or obtaining a driver licence, either in New Zealand or in the jurisdiction that granted the overseas driver licence or permit; or

(d)

the person obtains or renews a New Zealand Class 1 driver licence.

7 Clause 88AA revoked (Recognition of overseas driver licence or permit (Class 1))

Revoke clause 88AA.

8 New Schedule 1AA inserted

Insert the Schedule 1AA set out in the Schedule of this rule as the first schedule to appear after the last clause of the principal rule.

9 Schedule 2A revoked

Revoke Schedule 2A.

10 Schedule 7A amended

In Schedule 7A, insert in its appropriate alphabetical order:

Croatia

11 Schedule 8 amended

In Schedule 8, Part 2, insert in its appropriate alphabetical order:

Croatia

12 Schedule 9 amended

(1)

In Schedule 9, Part 1, replace the item relating to overseas passport (may include New Zealand immigration visa or permit issued by Department of Labour) with:

Overseas passport

Overseas authority

(2)

In Schedule 9, Part 1, replace the item relating to New Zealand certificate of identity (issued under the Immigration Act 1987 issued to people who have refugee status) with:

Certificate of identity form held by a person who is a refugee (issued under section 381 of the Immigration Act 2009 and the immigration instructions (within the meaning of section 4 of that Act))

Ministry of Business, Innovation, and Employment (Immigration)

Schedule New Schedule 1AA inserted

r 8

Schedule 1AA Transitional, savings, and related provisions

r 5A

Part 1 Provision relating to Land Transport (Driver Licensing) Amendment Rule 2014

1 Transitional provision in relation to existing licences of Class 1L, Class 1R, Class 6L, or Class 6R

This rule, as amended by the Land Transport (Driver Licensing) Amendment Rule 2014, applies to a licence of Class 1L, Class 1R, Class 6L, or Class 6R that was issued before the date on which the Land Transport (Driver Licensing) Amendment Rule 2014 came into force, except that—

(a)

nothing in clause 60 (as amended by the Land Transport (Driver Licensing) Amendment Rule 2014) has the effect of changing the expiry date as expressed on the licence; and

(b)

clause 67(1A)(a)(i) and (2B) does not apply in respect of the first renewal of the licence to occur after the date on which the Land Transport (Driver Licensing) Amendment Rule 2014 came into force; and

(c)

for the purpose of any reinstatement of any such licence under clause 67A, 67B, or 67C,—

(i)

clause 67A(8) must be read as if it requires that the person comply with clause 67 if the licence has expired or will expire within the following 12 months; and

(ii)

clause 67B(5) must be read as if it requires that the person comply with clause 67 if the licence has expired or will expire within the following 12 months; and

(iii)

clause 67C(5) must be read as if it requires that the person comply with clause 67 if the licence has expired or will expire within the following 12 months.

Part 2 Provision relating to Land Transport (Driver Licensing) Amendment Rule 2024

2 Transitional provision in relation to arrival in New Zealand between 1 November 2024 and 31 October 2026

(1)

This clause applies on and after 1 November 2026 to a person who,—

(a)

for the purposes of clause 88(1), arrived in New Zealand between 1 November 2024 and 31 October 2026; and

(b)

is deemed by clause 88(1) to hold a New Zealand Class 1 driver licence.

(2)

Clause 88AA continues to apply to the person despite clauses 5(2) and 7 of the Land Transport (Driver Licensing) Amendment Rule 2024.

Rachel Hayward,
Clerk of the Executive Council.

Explanatory note

This note is not part of the rule but is intended to indicate its general effect.

This rule amends the Land Transport (Driver Licensing) Rule 1999 (the principal rule).

This rule amends the principal rule to temporarily extend the period during which the holder of an overseas driver licence or permit that is equivalent to a New Zealand Class 1 driver licence may drive in New Zealand before they need to convert their overseas driver licence or permit to a New Zealand Class 1 driver licence. The period is extended from up to 12 months to up to 18 months.

This rule also amends the principal rule to add Croatia to the lists of countries in Schedules 7A and 8. The effect of the amendments is that a person who has, for at least 2 years, held a valid driver licence or permit issued by Croatia may convert that licence or permit to a New Zealand Class 1 or Class 6 driver licence without having to undertake a theory or practical driving test.

This rule updates the principal rule to replace outdated references to the Department of Labour and the Immigration Act 1987 with current references (to the Ministry of Business, Employment, and Innovation and the Immigration Act 2009 respectively).

This rule comes into force on 1 November 2024. However, the amendments in relation to conversion of overseas driver licences or permits to a New Zealand Class 1 driver licence are temporary and will be revoked on 1 November 2026. Clauses 5(2) and 7 work together to revoke the temporary amendments. Clause 5(2) comes into force on 1 November 2026 and has the effect of applying clause 88(3) of the principal rule to all driver licence holders, including Class 1 driver licence holders. Clause 7 also comes into force on 1 November 2026 and revokes clause 88AA, which applies to Class 1 driver licence holders.

This rule includes a transitional provision which clarifies that the extended period of up to 18 months for conversion of overseas driver licences or permits to a New Zealand Class 1 driver licence will continue to apply to a person who arrives in New Zealand between 1 November 2024 and 31 October 2026 after clause 88AA of the principal rule has been revoked (see clauses 4, 8, and 9).

Issued under the authority of the Legislation Act 2019.

Date of notification in Gazette: 31 October 2024.

This rule is administered by the Ministry of Transport.

Land Transport (Driver Licensing) Amendment Rule 2024