Land Transport (Admissibility of Evidential Breath Tests) Amendment Bill

  • discharged on 20 March 2014

Land Transport (Admissibility of Evidential Breath Tests) Amendment Bill

Member's Bill

61—1

Explanatory note

General policy statement

This Bill amends the Land Transport Act 1998 to broaden the circumstances where a positive evidential breath test is admissible evidence in a prosecution under the Act. Under present law a positive evidential breath test is not admissible in evidence if the suspect has elected to have a blood test. The Act assumes that the blood test will be available as evidence for any prosecution. The Bill will amend section 77 to provide that where a suspect has elected to have a blood test but blood is unable to be drawn for any reason, the prior evidential breath test is admissible in evidence in a prosecution for an offence against any of sections 56 to 62.

Clause by clause analysis

Clause 1 is the Title clause.

Clause 2 is the commencement clause which provides that the Act comes into force on the day after the date on which it receives the Royal assent.

Clause 3 states that the Act amends the Land Transport Act 1998.

Clause 4 amends section 77 by inserting a new subsection (5) which provides that subsection (3)(b) does not apply if a blood specimen was not able to be taken from a defendant for any reason, thereby allowing the result of an earlier evidential breath test to be admitted as evidence in a prosecution. A consequential amendment is also made to subsection (3).


Scott Simpson

Land Transport (Admissibility of Evidential Breath Tests) Amendment Bill

Member's Bill

61—1

The Parliament of New Zealand enacts as follows:

1 Title
  • This Act is the Land Transport (Admissibility of Evidential Breath Tests) Amendment Act 2012.

2 Commencement
  • This Act comes into force on the day after the date on which it receives the Royal assent.

3 Principal Act
  • This Act amends the Land Transport Act 1998 (the principal Act).

4 Section 77 amended (Presumptions relating to alcohol testing)
  • (1) In section 77(3), after subsection (4), insert and subsection (5).

    (2) After section 77(4), insert:

    • (5) Subsection (3)(b) does not apply if a blood specimen was not able to be taken from the defendant for any reason.