Do I have to go to court for a Limited Licence?
A Limited Licence is granted by the District Court, so yes, your application goes through the court. Whether you have to stand up in a courtroom is a different question.
The application goes to the court
Only a court can make an order authorising a Limited Licence [1]. The Ministry of Justice says you apply to the court for an order, and if it is granted you then apply to NZTA for the licence itself [2]. For a court disqualification, you apply to the court that disqualified you [1]. For a demerit suspension, you can file at your local District Court [2].
Do you have to appear?
The law says no order can be made until every person who has sworn an affidavit in support has appeared before the court to be examined on it, unless the parties agree that is not needed [1]. The parties are you and Police. So whether you appear depends on the case and on that agreement. The court decides, not us.
What you need
A complete set of documents. The District Court practice note expects [3]:
- an application
- your affidavit, setting out facts about your hardship and all your previous driving convictions
- an affidavit from your employer if the hardship is about work, because a letter is generally not enough
- a draft order setting out the purpose, the vehicle, the days and times, and a clearly defined route or area
Every affidavit is sworn or affirmed in front of an authorised person. Your own is signed at the court counter when you file. Never sign one in advance.
What we do
We prepare every one of those documents for you, ready to file at your District Court. We are a document preparation service, not a law firm. We don't represent anyone in court and we don't give legal advice.
What Police do
Police look at your application and your driving history before the Judge decides, and they may oppose it. That's why the practice note asks for your full history, not just the last 5 years [3]. Being upfront matters.
What the Judge decides
The Judge has to be satisfied that the loss of your licence causes extreme hardship to you, or undue hardship to someone else, and that the order is not contrary to public safety [1]. If the order is granted, it allows the least driving needed to deal with that hardship [1].
After the court
The order is not a licence. You take it to a driver licence agent, fill in the DL15 form and pay NZTA's fee before you can drive [4]. If you were suspended for demerits, the Ministry of Justice lists a $69 sealing fee to pay the court first [2].
Nervous about the court side?
That's normal, and it's one of the most common questions we get.
Give us a call on 0800 437 005 and we'll walk you through what happens, or start at nzlimitedlicence.co.nz/apply. Our document preparation starts from $645 + GST.
For the rest of the process, see what goes into a Limited Licence application and how long a Limited Licence takes. Our going to court guide covers filing in more detail.
Sources
- Land Transport Act 1998, sections 32, 82A, 90, 91, 103, 104 and 105, New Zealand Legislation, https://www.legislation.govt.nz/act/public/1998/0110/latest/whole.html (accessed 21 October 2026)
- Get a Limited Licence, Ministry of Justice, https://www.justice.govt.nz/courts/criminal/get-a-limited-licence/ (accessed 21 October 2026)
- Practice Note: Applications for a Limited Licence, District Court of New Zealand, https://www.districtcourts.govt.nz/assets/Uploads/Publications/2024/Limited-Licence-Practice-Note-FINAL.pdf (accessed 21 October 2026)
- Limited Licence, NZ Transport Agency Waka Kotahi, https://www.nzta.govt.nz/driver-licences/driving-offences-and-penalties/driving-offences/limited-licence (accessed 21 October 2026)
Checked by Guy Hollister, Director, NZ Limited Licence, on 9 Sep 26