Land Transport Act 1998

72 Who must give blood specimen at places other than hospital or surgery

• (1) A person must permit a medical practitioner or medical officer to take a blood specimen from the person when required to do so by an enforcement officer if—

  • (a) the person fails or refuses to undergo without delay an evidential breath test after having been required to do so by an enforcement officer under section 69; or

  • (b) the person has undergone an evidential breath test under section 69(4), and—

    • (i) it appears to the officer that the test is positive; and

    • (ii) within 10 minutes of being advised by an enforcement officer of the matters specified in section 77(3)(a) (which sets out the conditions of the admissibility of the test), the person advises the officer that the person wishes to undergo a blood test; or

  • (c) an evidential breath testing device is not readily available at the place to which the person has accompanied an enforcement officer under section 69 (whether or not at the time the requirement was made it was likely that the person could undergo an evidential breath test at that place) or to which the person has been taken under arrest (as the case may be), or for any reason an evidential breath test cannot then be carried out at that place; or

  • (d) the officer has arrested the person under section 120(1) and has good cause to suspect that the person has committed an offence against any of sections 56 to 62, and either—

    • (i) a medical practitioner has examined the person and believes that the person may be under the influence of drink or a drug, or both; or

    • (ii) the person has refused to be examined by a medical practitioner for the purposes of this paragraph; or

  • (e) the person does not complete a compulsory impairment test in a manner satisfactory to an enforcement officer, who is trained to give the test, when required to do so by an enforcement officer under section 71A.

  (1A) Subsection (1)(e) only applies if an enforcement officer has good cause to suspect that the person has consumed a drug or drugs.

  (1B) Subsection (1)(e) applies regardless of whether the person has failed any breath screening tests under section 68 or evidential breath tests under section 69 and regardless of the outcome of any such tests.

  (1C) An enforcement officer may exercise the powers in subsections (1) and (2) in addition to any breath screening tests under section 68 or evidential breath tests under section 69.

  (2) A person who has been required by an enforcement officer under subsection (1) to permit the taking of a blood specimen must, without delay after being requested to do so by a medical practitioner or medical officer, permit that practitioner or medical officer to take a blood specimen from that person.

  (3) If it is not practicable for a blood specimen to be taken from a person by a medical practitioner or medical officer at a place where the person has been required under this section to permit the taking of a blood specimen, the person must accompany an enforcement officer to any other place where it is likely that a blood specimen can be taken from the person by a medical practitioner or medical officer if the officer requires the person to do so.

  (4) If a blood specimen taken under this section is insufficient for the purposes of the relevant blood specimen collecting procedure,—

  • (a) the person from whom the specimen was taken must permit a medical practitioner or medical officer to take a further blood specimen immediately after being requested to do so by the medical practitioner or medical officer; and

  • (b) a further blood specimen so taken is to be treated as part of the original blood specimen taken from the person.

  (5) An enforcement officer may arrest a person without warrant if the person—

  • (a) fails or refuses to accompany an enforcement officer to a place when required to do so under this section; or

  • (b) having accompanied an enforcement officer to a place under this section, fails or refuses to remain at that place until requested by a medical practitioner or medical officer to permit a blood specimen to be taken under this section.

  Compare: 1962 No 135 s 58C

  Section 72(1): amended, on 18 September 2004, by section 175(1) of the Health Practitioners Competence Assurance Act 2003 (2003 No 48).

  Section 72(1)(b): amended, on 29 December 2001, by section 7 of the Land Transport (Road Safety Enforcement) Amendment Act 2001 (2001 No 104).

  Section 72(1)(d)(i): amended, on 18 September 2004, by section 175(1) of the Health Practitioners Competence Assurance Act 2003 (2003 No 48).

  Section 72(1)(d)(ii): amended, on 1 November 2009, by section 16(1) of the Land Transport Amendment Act 2009 (2009 No 17).

  Section 72(1)(d)(ii): amended, on 18 September 2004, by section 175(1) of the Health Practitioners Competence Assurance Act 2003 (2003 No 48).

  Section 72(1)(e): added, on 1 November 2009, by section 16(1) of the Land Transport Amendment Act 2009 (2009 No 17).

  Section 72(1A): inserted, on 1 November 2009, by section 16(2) of the Land Transport Amendment Act 2009 (2009 No 17).

  Section 72(1B): inserted, on 1 November 2009, by section 16(2) of the Land Transport Amendment Act 2009 (2009 No 17).

  Section 72(1C): inserted, on 1 November 2009, by section 16(2) of the Land Transport Amendment Act 2009 (2009 No 17).

  Section 72(2): amended, on 18 September 2004, by section 175(1) of the Health Practitioners Competence Assurance Act 2003 (2003 No 48).

  Section 72(3): amended, on 18 September 2004, by section 175(1) of the Health Practitioners Competence Assurance Act 2003 (2003 No 48).

  Section 72(4): amended, on 5 November 2011, by section 33(1) of the Land Transport (Road Safety and Other Matters) Amendment Act 2011 (2011 No 13).

  Section 72(4)(a): amended, on 5 November 2011, by section 33(2) of the Land Transport (Road Safety and Other Matters) Amendment Act 2011 (2011 No 13).

  Section 72(4)(a): amended, on 18 September 2004, by section 175(1) of the Health Practitioners Competence Assurance Act 2003 (2003 No 48).

  Section 72(5)(b): amended, on 18 September 2004, by section 175(1) of the Health Practitioners Competence Assurance Act 2003 (2003 No 48).