Indefinite Disqualification and the Limited Licence
Most disqualifications have an end date. An indefinite one does not. If yours is indefinite, the Limited Licence route is closed, and there is a different process to understand instead.
What an indefinite disqualification is
Under section 65 of the Land Transport Act, the court must order you to attend an assessment centre and disqualify you until NZTA removes the disqualification if [1]:
- you are convicted of a third or later drink or drug driving offence, and the two earlier offences were committed within 5 years of it, or
- you are convicted of a second drink or drug driving offence within 5 years, and at least one of the two involved breath alcohol over 1000 micrograms per litre, blood alcohol over 200 milligrams per 100 millilitres, or a refusal or failure under the testing rules (such as refusing a blood test)
If the court imposes an alcohol interlock sentence, that replaces the indefinite disqualification [1]. Either way, a Limited Licence is not available [1].
Why hardship cannot fix it
Section 103(2) says a person disqualified under section 65 may not apply for a Limited Licence [1]. The Ministry of Justice lists repeat offending involving alcohol or drugs as a situation where you cannot apply [2], and NZTA lists indefinite disqualification as a reason a Limited Licence can be declined [3]. The hardship test never comes into it, so no amount of evidence about your job or family can get around the bar.
Check your paperwork first
Read your court record. Look for words such as "indefinite", "until removed", "assessment centre" or "section 65".
A long fixed disqualification is different. For example, a third drink or drug driving conviction must bring a disqualification of more than 1 year where section 65 is not used [1]. But a fixed disqualification can still rule out a Limited Licence if the offence was a repeat within 5 years [1]. If you are not sure which applies to you, get legal advice before paying anyone to prepare documents.
The way back: removal by NZTA
An indefinite disqualification ends when NZTA removes it [1]. NZTA must remove it if satisfied you are a fit person to hold a licence, having regard to a report from a health practitioner at an assessment centre and any other medical evidence [1]. It cannot be removed until the order has been in force for at least 1 year and 1 day [1].
If NZTA refuses, you can appeal to the District Court [1].
After removal
Removal does not hand your old licence back. If you were disqualified for more than 12 months, NZTA says you need to apply for a new licence, pay the fee and pass the required tests or courses [3]. Do not drive until you hold a current licence.
Sources
- Land Transport Act 1998, sections 57D, 65, 100, 103 and 108, New Zealand Legislation, https://www.legislation.govt.nz/act/public/1998/0110/latest/DLM434582.html (accessed 19 October 2026)
- Get a Limited Licence, New Zealand Ministry of Justice, https://www.justice.govt.nz/courts/criminal/get-a-limited-licence/ (accessed 19 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 19 October 2026)
Frequently asked questions
Can a judge make an exception for extreme hardship?
No. The bar in section 103(2) applies whatever the hardship.
How long does an indefinite disqualification last?
Until NZTA removes it, which cannot happen before the order has been in force for 1 year and 1 day.
What is the assessment centre for?
The court orders you to attend one, and NZTA relies on a health practitioner's report from the centre when deciding whether to remove the disqualification.
Not sure which kind of disqualification you have? Call us on 0800 437 005. We prepare Limited Licence documents for eligible drivers: From $645 + GST. Start at nzlimitedlicence.co.nz/apply.
Checked by Guy Hollister, Director, NZ Limited Licence, on 31 Oct 26