Contesting a 'Using Device While Driving' Fine in NZ

Disputing a 'Using Device While Driving' Fine in New Zealand

Receiving a fine for using a mobile device while driving can be stressful, especially if you believe it was issued in error. Here's a guide to help you navigate the process in New Zealand:

1. Review the Infringement Notice: Carefully check all details on the notice, including the date, time, location, and the specific offence. Ensure it accurately reflects the circumstances.
2. Gather Evidence: If you have evidence to disprove the fine, collect it. This could include:
   • Dashcam footage.
   • Witness statements.
   • Phone records (if they prove no use occurred).
   • Documentation showing the device was secured and not in use (e.g., a dashcam mount, not a phone mount).
3. Contact the Issuing Authority: Your first step is usually to contact the police or the organisation that issued the fine (often via the NZ Police or a local council). Explain your situation and provide any initial evidence.
4. Formal Dispute Process: If the initial contact doesn't resolve the issue, you can formally dispute the infringement notice. This typically involves:
   • Applying for Review: You can request a review by the issuing authority. If unsuccessful, you can proceed to court.
   • Court Hearing: You can elect to have the matter heard in the District Court. This is where you present your case and evidence to a judge. It's advisable to seek legal advice before this stage, especially if you are unsure about New Zealand Law surrounding these offences.

Important Considerations:

• Time Limits: Be aware of the time limits for disputing a fine.
• Pleading Guilty: If you don't dispute the fine within the specified timeframe, you may be considered to have pleaded guilty.
• Legal Advice: For complex cases, consulting a legal professional specialising in New Zealand traffic law is highly recommended.