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Land Transport Act 1998

Driving offences involving drink or drugs, and penalties and procedures - Enforcement procedures involving taking of blood specimens - Enforcement procedures involving taking of blood specimens

73A: Purposes for which blood specimen taken under section 72 or 73 may be used as evidence

You could also call this:

"When a blood test can be used as evidence in court"

Illustration for Land Transport Act 1998

You can use a blood specimen taken under section 72 or 73 as evidence in a prosecution for an offence under the Land Transport Act 1998. This evidence can show if you have alcohol or qualifying drugs in your system. You can also refer to sections 77(2) and 77A(1) for more information about drug testing and alcohol testing. You cannot use certain things as evidence of using a controlled drug in a prosecution under the Misuse of Drugs Act 1975. These things include a positive result from an oral fluid screening test taken under sections 71A to 71C, or a positive result from an analysis of an oral fluid sample under section 71DG. You also cannot use a blood specimen taken under section 72 or 73 for this purpose.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM2507850.

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Part 6Driving offences involving drink or drugs, and penalties and procedures
Enforcement procedures involving taking of blood specimens: Enforcement procedures involving taking of blood specimens

73APurposes for which blood specimen taken under section 72 or 73 may be used as evidence

  1. Evidence of alcohol or evidence of use of any 1 or more qualifying drugs in a blood specimen taken under section 72 or 73 may be used as evidence in a prosecution for any offence under this Act (see also sections 77(2) and 77A(1), which specify presumptions for the purposes of this Act relating to drug testing and alcohol testing).

  2. None of the following may be used as evidence of the use of a controlled drug in a prosecution for an offence under the Misuse of Drugs Act 1975:

  3. a positive result of an oral fluid screening test taken under any of sections 71A to 71C:
    1. a positive result of an analysis of an oral fluid sample carried out by an approved analyst under section 71DG:
      1. a blood specimen taken under section 72 or 73.

        Notes
        • Section 73A: replaced, on , by section 23 of the Land Transport (Drug Driving) Amendment Act 2022 (2022 No 5).
        • Section 73A(2): replaced, on , by section 31 of the Land Transport (Drug Driving) Amendment Act 2025 (2025 No 12).