Demerit system rules to be driven home

Many people caught driving after being suspended due to too many demerit points may soon know whether they have a defence to the charge.

A legal argument about the ‘‘giving’’ and delivery of the notice setting out the suspension has played out for about two years.

Aside from one District Court judge, the other decisions have found the notices were invalidly given.

If a driver accumulates 100 or more points within two years, their licence is suspended for three months.

Solicitor-General Una Jagose has taken the case to the Supreme Court.

At a hearing in Wellington yesterday she said even if the final appeal was successful, it would not affect those whose convictions had been overturned.

But the case was important for many others who were caught driving while suspended and still have cases waiting to be heard.

At issue was how the New Zealand Transport Agency sent information to police once a driver accumulated 100 or more demerit points in a two-year period, and what police did when the driver was found.

Previously, courts had decided that only the transport agency had the power to issue notices to drivers. But others, mostly police, were able to serve the notices on drivers.

When police composed the notices, based on information from the agency, they did not have the power to do so, it was decided.

But Jagose told the Supreme Court that what had happened was consistent with the law and even if it, technically, did not comply, it did not make the suspensions invalid.

The Supreme Court reserved its decision.