Solicitor-General's Reference (No 1 of 2016) - [2017] 2 NZLR 1

Transport and transport licensing — Demerit point driving suspensions — Duty to give notice of suspension — Police used Land Transport Agency information to serve notice of suspension on drivers — Improperly delegated authority to Police Officers by Land Transport Agency under legislation — Whether suspension notice invalid — Whether invalid suspension notice invalidated conviction for driving while disqualified — Whether Court correct to conclude requirements of s 90 of the Land Transport Act 1998 had not been met — Land Transport Act 1998, s 90.

Transport and transport licensing — Driving while disqualified — Suspension notice issued by unauthorised police procedure — Whether invalid suspension notice invalidated subsequent conviction for driving while disqualified — Whether issue of substance or form — Whether correct remedy quashing of defendant’s conviction — Whether the defect was so serious that the document or process to be treated as a nullity — Criminal Procedure Act 2011, s 379.