40PCertificates of compliance for evidential breath-testing devices

1. An evidential breath-testing device must be supported by a certificate of compliance given under this section or section 75A of the Land Transport Act 1998 by a person authorised for the purpose by the Science Minister.

2. At any trial or defended hearing for an offence involving excess breath alcohol recorded by the device (being an offence committed on or after the commencement of this section), the prosecution must produce to the court a certified copy of the certificate of compliance, and the certificate must be provided by a person authorised for the purpose by the Commissioner and must state that the copy is a true copy of the original certificate.

3. Subject to subsection (4), a certificate of compliance or a certified copy of it that is produced under subsection (2) is for all purposes conclusive evidence of the matters stated in the certificate, and neither the matters stated in the certificate nor the manufacturer's specifications for the device concerned may be challenged, called into question, or put in issue in any proceedings in respect of an offence involving excess breath alcohol recorded by the device.

4. In the absence of proof to the contrary, a document purporting to be a certificate of compliance or a certified copy of a certificate of compliance—

5. must be treated as such a certificate or certified copy; and
6. is conclusive evidence of the sufficiency of the authority of the person who signed the document.

7. After consultation with the Minister and the Minister of Justice, the Minister of Police must, by notice, specify for each kind of evidential breath-testing device the matters that are required to be stated in a certificate of compliance.

8. Without limiting subsection (5), the notice given under subsection (5) must—

9. be, in the case of any kind of evidential breath-testing device approved after the commencement of this section, given in conjunction with the notice approving that kind of device:
10. specify the maximum period of service for the relevant kind of device, and must require a certificate of compliance to specify the date on which that period began or begins:
11. specify the maximum period permitted between the date on which a certificate of compliance is issued and the date by which a test result must be obtained, and must require a certificate of compliance to specify the date on which the certificate of compliance was issued:
12. require a certificate of compliance to include a statement to the effect that the device is being maintained in accordance with the manufacturer's specifications.

13. A notice under this section is secondary legislation (see Part 3 of the Legislation Act 2019 for publication requirements).