• An application under section 94 of the Land Transport Act 1998 was granted in respect of a single man aged 20 years with no children who was in full time employment as an apprentice cabinetmaker.  Mr S’s employer also supported the application under section 94.  The majority of the previous convictions for Driving while Disqualified  was incurred driving to and from work as it was difficult to get from West Auckland to the North Shore to get to work on time without driving a private motor vehicle.

• Mr S was appearing for sentence on his fifth conviction for Driving while Disqualified for an offence date of 15 October 2008, his last disqualification period ending before he was sentenced on this charge.  He had previous prior convictions for Driving while Disqualified on the dates of 14 February 2009, 13 September 2007 and 31 May 2007 and his first conviction was on 22 February 2007 for driving while his licence was suspended for demerit points.  When he appeared for sentence on 29 April 2009 all his disqualifications had recently ended, and he had sat for and passed his full drivers’ licence.  He had no convictions for drink driving.  He also owed no fines and was in a good financial position.
   
• Mr S was a good worker and a driver’s licence would help in his employment duties so that he could get to customer premises to attend on the company’s customers.  A driver’s licence would also stop him from being late for work which had become a problem with his employer when he was without a licence.

• The application under section 94 was found to be appropriate as it would allow Mr S to get off the treadmill of offending.  Mr S was sentenced to pay a fine of $1,000.00 and ordered to pay Court costs of $130.00 and sentenced to 100 hours of community work instead of disqualification pursuant to section 94.