The tertiary instability is believed to be important for governing magnetised plasma turbulence under conditions of strong zonal flow generation, near marginal stability. In this work, we investigate its role for a collisionless strongly driven fluid model, self-consistently derived as a limit of gyrokinetics. It is found that a region of absolute stability above the linear threshold exists, beyond which significant nonlinear transport rapidly develops. Characteristically, this range exhibits a complex pattern of transient zonal evolution before a stable profile can arise. Nevertheless, the Dimits transition itself is found to coincide with a tertiary instability threshold, so long as linear effects are included. Through a simple and readily extendable procedure, tracing its origin to St-Onge (J. Plasma Phys., vol. 83, issue 05, 2017, 905830504), the stabilising effect of the typical zonal profile can be approximated, and the accompanying reduced mode estimate is found to be in good agreement with nonlinear simulations.