New Zealand Legislation: Bills

9 Defences

• Section 64 is amended by inserting the following subsections after subsection (1):

  • “(1A) It is a defence to proceedings for an offence against section 57A(1) or 62(1A) if the Court is satisfied that the person has consumed the relevant controlled drug or prescription medicine—

    • “(a) in accordance with—

      • “(i) a current and valid prescription written for that person by a health practitioner; and

      • “(ii) any instructions from a health practitioner or from the manufacturer of the drug or medicine; or

    • “(b) because it was administered by a health practitioner, provided that the person complied with the instructions (if any) that the health practitioner has given.

  • “(1B) It is a defence to proceedings for an offence against section 60(1)(d) if the Court is satisfied that the person's failure or refusal to undergo a compulsory impairment test is because of—

    • “(a) a pre-existing medical condition or pre-existing disability that precludes undergoing the test:

    • “(b) an injury, sustained in a motor vehicle accident giving rise to an obligation to undergo the test, that precludes undergoing the test.”