Land Transport (Drug Driving) Amendment Act 2022

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Coat of Arms of New Zealand

Land Transport (Drug Driving) Amendment Act 2022

Public Act
 
2022 No 5
Date of assent
 
11 March 2022
Commencement
 
see section 2

Contents

1Title
2Commencement
Part 1
Amendments to Land Transport Act 1998
3Amendments to Land Transport Act 1998
4Section 2 amended (Interpretation)
Amendments to primary responsibilities concerning use of drugs
5Section 11A replaced (Persons may not drive or attempt to drive while impaired and their blood contains evidence of use of qualifying drug)
11APersons not to drive or attempt to drive while blood contains evidence of, or oral fluid indicates, use of qualifying drug
6Section 13 amended (Drivers and other road users to comply with directions of enforcement officers, etc)
Drug-related offences and penalties
7Part 5 heading amended
8Cross-heading above section 34 amended
9Section 56 amended (Contravention of specified breath or blood-alcohol limit)
10Section 57A replaced (Driving while impaired and with blood that contains evidence of use of qualifying drug)
57ADriving with blood that contains evidence of, or oral fluid that indicates, use of 1 qualifying drug
57BDriving while blood contains evidence of, or oral fluid indicates, use of 2 or more qualifying drugs
57CDriving while blood or breath contains alcohol and blood contains evidence of, or oral fluid indicates, use of 1 qualifying drug
57DPenalties for offences against sections 57A(1), 57B(1), and 57C(1)
11Section 58 amended (Contravention of section 12)
12Section 59 amended (Failure or refusal to remain at specified place or to accompany enforcement officer)
13Section 60 amended (Failure or refusal to permit blood specimen to be taken or to undergo compulsory impairment test)
14Section 61 amended (Person in charge of motor vehicle causing injury or death)
15Section 62 amended (Causing injury or death in circumstances to which section 61 does not apply)
16Section 64 amended (Defences)
17Section 65AB amended (Qualifying offences)
Blood test fee
18Section 67 amended (Blood test fee)
Enforcement procedures
19Section 68 amended (Who must undergo breath screening test)
20Section 70A amended (Right to elect blood test)
21Section 71A replaced (Requirement to undergo compulsory impairment test)
Enforcement procedures for offences involving use of qualifying drugs
71AWho must undergo first oral fluid test
71BWho must undergo second oral fluid test
71CPerson must undergo further oral fluid test if either first or second oral fluid test fails to produce result
71DPerson has right to elect blood test after 2 positive oral fluid tests
71EPerson may be required to accompany enforcement officer to undergo blood test
71FWho must undergo compulsory impairment test
71GApproval of oral fluid tests and oral fluid testing devices
Enforcement procedures involving taking of blood specimens
22Section 72 amended (Who must give blood specimen at places other than hospital or medical centre)
Evidential provisions
23Section 73A replaced (Evidence of controlled drug in blood sample taken under section 72 or 73 may not be used as evidence of use of controlled drugs in prosecutions under Misuse of Drugs Act 1975)
73APurposes for which blood specimen taken under section 72 or 73 may be used as evidence
24Section 75 amended (Certificates in blood-alcohol proceedings)
25New section 77A inserted (Presumptions relating to drug testing)
77APresumptions relating to drug testing
26Section 79 amended (Circumstances in which certificate not admissible in proceedings)
Mandatory prohibition from driving for 12-hour period
27New section 94A and cross-heading inserted
Mandatory prohibition from driving following 2 positive oral fluid tests
94AMandatory prohibition from driving for 12-hour period if results of 2 oral fluid tests are positive
Mandatory suspension of driver licence
28Section 95 amended (Mandatory 28-day suspension of driver licence in certain circumstances)
Impoundment of vehicles
29Section 96 amended (Vehicle seized and impounded for 28 days in certain circumstances)
Reduction of disqualifications
30Section 99 amended (Court may reduce disqualification)
31Section 103 amended (Persons who may apply to court for limited licence)
32Section 104 amended (Issue of limited licence to be delayed or prohibited in certain cases)
Powers of entry and immobilisation
33Section 119 amended (Powers of entry)
34Section 120 amended (Arrest of persons for alcohol or drug-related offences, or assault on enforcement officer)
35Section 121 amended (Enforcement officer may immobilise vehicle, etc, in specified circumstances)
Regulations
36Section 167 amended (Regulations)
37New sections 167A and 167B inserted
167ASetting or amending high-risk and tolerance blood concentration levels for drug-driving offences
167BMinisters may appoint independent experts for purposes of section 167A
Analysing oral fluid samples for statistical or research purposes
38Section 209 amended (Taking of blood specimens for statistical or research purposes)
39Section 209A amended (Analysing blood specimens for statistical or research purposes related to use of drugs or alcohol)
Transitional, savings, and related provisions
40Schedule 1 amended
Blood concentration levels for offences relating to drug driving
41New Schedule 5 inserted
Part 2
Related and consequential amendments
Subpart 1—Amendments to Acts
Amendment to Legislation Act 2019
42Amendment to Legislation Act 2019
Amendment to Sentencing Act 2002
43Amendment to Sentencing Act 2002
Subpart 2—Amendments to Land Transport (Offences and Penalties) Regulations 1999
44Amendments to Land Transport (Offences and Penalties) Regulations 1999
Schedule 1
New Part 4 inserted into Schedule 1
Schedule 2
New Schedule 5 inserted
Legislative history
Administrative information

The Parliament of New Zealand enacts as follows: