New Zealand Legislation: Bills

8 Causing injury or death in circumstances to which section 61 does not apply

• Section 62 is amended by repealing subsection (1) and substituting the following subsections:

  • “(1) A person commits an indictable offence if the person causes bodily injury to or the death of a person by carelessly driving a motor vehicle (in a manner that is not an offence against section 61)—

    • “while under the influence of drink or a drug, or both; or

    • “if the blood of the person driving, as ascertained from an analysis of a blood specimen subsequently taken under section 73, contains evidence of the use of a controlled drug specified in Schedule 1 (except thalidomide) of the Misuse of Drugs Act 1975.

  • “(1A) To avoid doubt, subsection (1)(b) does not limit subsection (1)(a).

  • “(1B) A person commits an indictable offence if—

    • “the person causes bodily injury to, or the death of, a person by driving or attempting to drive a motor vehicle; and

    • “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; and

    • “the person’s blood, as ascertained from an analysis of a blood specimen subsequently taken under section 72 or 73, contains evidence of the use of—

      • “a controlled drug; or

      • “any prescription medicine.”

  Section 62(2) is amended by inserting “or (1A) ” after “subsection (1),”.