New Zealand Legislation: Acts
Acts are laws made by Parliament
(1) An enforcement officer must give a person a notice under this section if the enforcement officer believes on reasonable grounds that the person has—
(a) undergone an evidential breath test or blood test under this Act and been found,—
(i) for an offence, where the person has previously been convicted of an offence against any of sections 56(1) or (2), 58(1), 60(1), or 61(1) or (2) within the last 4 years,—
(A) to have a breath alcohol concentration exceeding 400 micrograms of alcohol per litre of breath; or
(B) to have a blood alcohol concentration exceeding 80 milligrams of alcohol per 100 millilitres of blood:
(ii) in any other case,—
(A) to have a breath alcohol concentration exceeding 650 micrograms of alcohol per litre of breath; or
(B) to have a blood alcohol concentration exceeding 130 milligrams of alcohol per 100 millilitres of blood; and
(b) Failed or refused to undergo a blood test, after having been required or requested to do so under section 72 or section 73; or
(c) driven a motor vehicle on a road at a speed exceeding—
(i) the applicable permanent posted speed limit by more than 40 km an hour (which speed was detected by a means other than approved vehicle surveillance equipment); or
(ii) any other speed limit by more than 50 km an hour (which speed was detected by a means other than approved vehicle surveillance equipment).
(1A) If an enforcement officer believes on reasonable grounds that a person has undergone an evidential breath test and has been found to have a breath alcohol concentration exceeding 650 micrograms of alcohol per litre of breath,—
(a) the enforcement officer must give the person a notice under subsection (1)(a) even though the person has the right under section 70A to elect to have a blood test; and
(b) a further notice is not required and must not be given under subsection (1)(a) if the person undergoes a blood test and is found to have a blood alcohol concentration exceeding 130 milligrams of alcohol per 100 millilitres of blood.
(2) A notice under this section must—
(a) be in a form prescribed by regulations made under this Act or in a form to the same effect; and
(b) tell the person to whom it is given that his or her driver licence is suspended for 28 days; and
(c) require the person to immediately surrender his or her driver licence to the enforcement officer; and
(d) Outline the person's rights of appeal under sections 101 and 109.
(3) A suspension under this section starts immediately after the notice is given to the person to whom it applies.
(4) A person whose driver licence is suspended under this section has the rights of appeal conferred by sections 101 and 109.
(5) Nothing in this section affects or limits any power of a court to impose a penalty.
(6) Subsection (1)(c) does not apply if the vehicle—
(a) was an ambulance fitted with a siren or bell, and at the time was being used on urgent ambulance service; or
(b) was conveying a member of the Police in the execution of urgent duty, if compliance with the speed limit would be likely to prevent or hinder the execution of that duty; or
(c) was being used by a fire brigade for attendance at fires or other emergencies, and at the time was being used on urgent fire-brigade service.
(7) The suspension of a driver licence under subsection (1) ceases to have effect if—
(a) the Police decide finally that proceedings will not be taken against the person for an offence arising out of circumstances referred to in subsection (1) or if such proceedings have been taken and the person is acquitted; and
(b) the suspension has not already been removed.
(8) The suspension of a person's driver licence in the circumstances referred to in subsection (1A) ceases to have effect when the result of the blood test (if any) is notified to the person if—
(a) the blood test shows that he or she had a blood alcohol concentration of, or less than, 130 milligrams of alcohol per 100 millilitres of blood; and
(b) the result of the blood test is notified to the person before the close of the 28-day suspension period.
Subsection (1)(a) was substituted, as from 16 January 2006, by section 49(1) Land Transport Amendment Act 2005 (2005 No 77). See sections 96 to 100 of that Act as to the transitional and savings provisions.
Subsection (1)(c) was substituted, as from 16 January 2006, by section 49(2) Land Transport Amendment Act 2005 (2005 No 77). See sections 96 to 100 of that Act as to the transitional and savings provisions.
Subsection (1A) was inserted, as from 29 December 2001, by section 10(1) Land Transport (Road Safety Enforcement) Amendment Act 2001 (2001 No 104).
Subsection (1A) was amended, as from 16 January 2006, by section 49(3) Land Transport Amendment Act 2005 (2005 No 77) by substituting the expression “650”
for the expression “800”
. See sections 96 to 100 of that Act as to the transitional and savings provisions.
Subsection (1A)(b) was amended, as from 16 January 2006, by section 49(4) Land Transport Amendment Act 2005 (2005 No 77) by substituting the expression “130”
for the expression “160”
. See sections 96 to 100 of that Act as to the transitional and savings provisions.
Subsection (8) was inserted, as from 29 December 2001, by section 10(2) Land Transport (Road Safety Enforcement) Amendment Act 2001 (2001 No 104).
Subsection (8)(a) was amended, as from 16 January 2006, by section 49(5) Land Transport Amendment Act 2005 (2005 No 77) by substituting the expression “130”
for the expression “160”
. See sections 96 to 100 of that Act as to the transitional and savings provisions.