Page 1 of 2 12 LastLast
Results 1 to 10 of 11

Thread: careless driving offence

  1. #1
    Join Date
    Sep 2019
    Location
    Hamilton
    Posts
    96

    Default careless driving offence

    Hello Dear I am on resident visa holder and i have been charged for careless driving causing injury in court . I need to know will this effect on my permanent visa application in this charge i will be disqualified for 6 months driving

  2. #2
    Join Date
    Aug 2019
    Location
    New Zealand
    Posts
    46

    Default

    Quote Originally Posted by Agam13c View Post
    Hello Dear I am on resident visa holder and i have been charged for careless driving causing injury in court . I need to know will this effect on my permanent visa application in this charge i will be disqualified for 6 months driving
    Given that you have mentioned applying for permanent residence, I assume that you were granted residence less than two years ago. Even though you are a resident, it appears that if you are convicted of careless driving causing injury, you could potentially be liable for deportation - see s161 of the Immigration Act. You need to find a lawyer - one who can act for you in court to try and get a discharge without conviction, and who understands the potential implications for you in terms of your resident visa.

  3. #3
    Join Date
    Feb 2008
    Posts
    37,824

  4. #4
    Join Date
    Feb 2019
    Location
    New Zealand (ex: South Africa)
    Posts
    1,201

    Default

    Just to add to the above, I've noticed that for people where Section 161 applies, INZ's policy appears to be to always issue a deportation liability notice, and leave any humanitarian issues to be decided by the Tribunal (see the record of Tribunal decisions, drunk drivers in particular seem to be a popular target).

    I agree with DownSouth on this one -- lawyer up. A conviction will almost certainly result in a Section 161 deportation (it doesn't matter what sentence you receive, because the maximum penalty applicable for careless driving resulting in injury is 3 months imprisonment, and that maximum penalty means that a conviction will bring Section 161 into play). I should also add that a Section 161 deportation results in a permanent prohibition on returning to New Zealand (see Section 179).

    I do remember you posting for help on your SMC application last year, so I know you've been granted residence in the past 2 years -- which means that it's the strict "3 months or more" that will be applied (Section 161(1)(a)).

  5. #5
    Join Date
    May 2009
    Location
    Blenheim
    Posts
    1,620

    Default

    Quote Originally Posted by Kelerei View Post
    Just to add to the above, I've noticed that for people where Section 161 applies, INZ's policy appears to be to always issue a deportation liability notice, and leave any humanitarian issues to be decided by the Tribunal (see the record of Tribunal decisions, drunk drivers in particular seem to be a popular target).

    I agree with DownSouth on this one -- lawyer up. A conviction will almost certainly result in a Section 161 deportation (it doesn't matter what sentence you receive, because the maximum penalty applicable for careless driving resulting in injury is 3 months imprisonment, and that maximum penalty means that a conviction will bring Section 161 into play). I should also add that a Section 161 deportation results in a permanent prohibition on returning to New Zealand (see Section 179).

    I do remember you posting for help on your SMC application last year, so I know you've been granted residence in the past 2 years -- which means that it's the strict "3 months or more" that will be applied (Section 161(1)(a)).
    Not directly related, but I notice that you write 'seem a popular target'. Does it only sound to me as if you disagree with that practice?

  6. #6
    Join Date
    Nov 2015
    Location
    New Zealand
    Posts
    247

    Default

    It’s probably just a common target. I know people who have DUI charges but no one with reckless driving charges.

  7. #7
    Join Date
    Feb 2019
    Location
    New Zealand (ex: South Africa)
    Posts
    1,201

    Default

    Quote Originally Posted by newarrival View Post
    Not directly related, but I notice that you write 'seem a popular target'. Does it only sound to me as if you disagree with that practice?
    Nah, only sounds to you. I have no problem with INZ applying the law as it's written -- it's only a popular target because traffic convictions are such a simple way to get the attention of INZ's Compliance Branch.
    Last edited by Kelerei; 3rd April 2021 at 03:12 PM.

  8. #8
    Join Date
    Feb 2019
    Location
    New Zealand
    Posts
    21

    Default

    Good luck to you and hope it wont affect you application. Keep safe always guys

  9. #9
    Join Date
    Nov 2018
    Location
    New Zealand
    Posts
    37

    Default

    Quote Originally Posted by Kelerei View Post
    Nah, only sounds to you. I have no problem with INZ applying the law as it's written -- it's only a popular target because traffic convictions are such a simple way to get the attention of INZ's Compliance Branch.
    That’s the only thing INZ is efficient at tbh!

  10. #10
    Join Date
    Jun 2015
    Location
    Fj/Nz
    Posts
    557

    Default

    I'm trying to understand what exactly is counted as "careless driving", could n't find a definition of it.
    Does it include those critical driving errors ? ( no shoulder checks while changing lanes and hitting other car, not stopping at stop sign? )

Page 1 of 2 12 LastLast

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •