Criminal Law · Deep dive

How to get a Limited Licence (work licence)

A Limited Licence — sometimes called a Work Licence — lets you drive for a limited purpose while disqualified or suspended. It is not an unlimited licence, and the application is won or lost on the planning.

If you have recently been disqualified or suspended from driving, you may be able to apply to the District Court for a Limited Licence under sections 103-105 of the Land Transport Act 1998. It allows you to drive for a defined purpose, subject to conditions — for example, only between certain hours of the day. Most of our work in this area is making sure the application is realistic, well-evidenced and presented in a way the Court will grant.

The statutory framework

The relevant law is in sections 103 to 105 of the Land Transport Act 1998. The application is made to the District Court.

For court-imposed disqualifications there is a mandatory 28-day stand-down period before you can apply, and you cannot drive during that time. Demerit point suspensions use the same Court process, but there is no stand-down period.

Who can apply — and who cannot

You can apply if you:

Have been suspended from driving for excess demerit points
Have been disqualified with a breath alcohol level of less than 800 micrograms per litre of breath (or 160 milligrams per litre of blood)
Have mixed reasons for needing the licence — e.g. driving for your day job plus a personal driving condition such as transporting a family member
You cannot apply if you have been convicted of two driving offences (of a particular type) in two separate offences within five years
You cannot apply where your disqualification was imposed for driving while suspended or disqualified, or for driving in breach of a Limited Licence
You cannot apply if you have particular transport service driving offences
You cannot apply if you are indefinitely disqualified

Hardship — extreme or undue

The main requirement is that you, or another person or organisation, will face extreme hardship or undue hardship if you cannot drive. Extreme hardship is usually the applicant's own situation — for example, driving for work and losing the job if the licence is not granted. Undue hardship is where other people or organisations are unduly affected by your inability to drive.

Two further constraints: you must limit your driving compared with what you did before, and granting the licence must not be against the interests of the public.

Where applications go wrong

Common problem scenarios we see include:

Having previously received a Limited Licence, or a poor driving record
Driving from home to work when there are realistic alternative transport options
Asking for too much — this is not an unlimited licence
Lack of support from your employer

Process and costs

For disqualified drivers, the application is made to the District Court at which you were disqualified. For demerit points applications you can apply to any Court. After any fines are paid, the application fee is $150 for disqualifications and $200 for demerit points.

Two affidavits typically need to be prepared — yours and your employer's — along with the Draft Order and Map. These documents are lodged in advance of the hearing and the planning matters: a thin affidavit from an unenthusiastic employer is a common reason these applications fail.

After the Court grants the order

Once the Court grants the Limited Licence, you take two original sealed Orders (signed and stamped by Court staff) to the Automobile Association or another approved provider. You complete form DL 15 — the form tells you what to bring — and hand over the original Orders.

Waka Kotahi / NZTA then take about four working days to process. You receive a temporary licence, and from that point you can drive within the conditions of the Order.

Common Questions

Criminal Law FAQs.

A few criminal law-specific answers. See the full FAQ →

What is the difference between a Judge Alone Trial and a jury trial?

A Judge Alone Trial (JAT) is heard by a District Court judge sitting without a jury — the judge decides both the law and the facts. A jury trial — typically in the High Court for serious matters, or the District Court for some Category 3 offences — has a jury of 12 deciding the facts, while the judge rules on the law and the sentence. JATs are usually quicker and cheaper, and can be the right call for technical defences. The choice between the two is a strategic decision and one of the first conversations we have.

What is a section 189A strangulation charge?

Strangulation, codified in section 189A of the Crimes Act 1961 (introduced December 2018), is the offence of intentionally or recklessly impeding another person's breathing or blood circulation by applying pressure to the throat or neck, or blocking the nose or mouth. It carries a maximum penalty of 7 years' imprisonment. Aggravating factors set out in Ackland v Police [2019] include offending in an intimate relationship, accompanying threats, loss of consciousness, multiple incidents, and breach of protection orders. This is a recognised area of our criminal practice.

What is the Clean Slate Act and do I qualify?

The Criminal Records (Clean Slate) Act 2004 lets people with minor criminal histories avoid disclosing them in most situations — once they have gone seven years without a new conviction, served no custodial sentence, completed all sentences and fines, and have no excluded offence types. There are exceptions: roles working with children or vulnerable people, immigration applications, and certain professional licences may still require full disclosure.

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