Mobile Phone Use While Driving in New Zealand: Fine, Points, and What's Allowed

Using a hand held mobile phone while driving in New Zealand is an infringement offence. It carries a $150 fine and 20 demerit points, and the rule applies whether you are moving or stopped in traffic.

This is general information about New Zealand law, not legal advice. For your situation, consult a lawyer or your local Community Law centre.

What counts as illegal use

While driving, you must not hold or manipulate a hand held mobile phone to make or receive a call, send or read a text or other message, browse the internet or social media, or take a photo or video. This applies even if the use is brief.

The fine and demerit points

Using a hand held mobile phone while driving carries a $150 fine and 20 demerit points. The fine was raised from $80 to $150 on 30 April 2021, and the demerit points have not changed. Points from this offence count toward the 100 point threshold in any two year period that triggers a three month licence suspension.

What is allowed: hands free and mounted use

You can legally use a mobile phone while driving for a call, for music or other audio, or for navigation, if the phone is secured in a mount fixed to the vehicle and you do not need to hold or touch it to use it, for example because it works on voice commands or a single touch to answer. If you cannot secure the phone or operate it without touching it, you cannot legally use it while driving.

The 111 emergency call exception

You may use a hand held phone while driving to make a genuine emergency call to 111, or to Police on star 555, but only if it is not safe to stop the car and make the call from the side of the road first.

Stopped in traffic still counts as driving

The hand held phone ban applies while you are stopped in a queue of traffic, waiting at an intersection, or stopped at traffic lights, not only while the vehicle is moving. You need to have pulled over and parked in a safe place before you can legally pick up the phone for anything other than the 111 exception above.

Related NZ driving law

For how this offence's demerit points add up toward a licence suspension, see our guide to demerit points in New Zealand. For the rest of New Zealand's road rules, visit the driving law section.