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Land Transport Act 1998

Driving offences involving drink or drugs, and penalties and procedures - Offences, defences, penalties, and blood test fee - Offences and penalties

59: Failure or refusal to remain at specified place or to accompany enforcement officer

You could also call this:

"Not staying or going with an officer when asked can be against the law"

Illustration for Land Transport Act 1998

You can commit an offence if you fail or refuse to remain at a place after a breath screening test under section 68 until the result is known. You can also commit an offence if you fail or refuse to go with an enforcement officer to a place when required under section 69, 71E, 71F, or 72. If you are convicted, you may get a fine of up to $4,500 and be stopped from holding or getting a driver licence for a time decided by the court.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM434801.

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Topics:
Transport and travel > DrivingCrime and justice > Police and safety
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58: Contravention of section 12, or

"Driving while drunk or on drugs is against the law"

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60: Failure or refusal to permit blood specimen to be taken or to undergo compulsory impairment test, or

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Part 6Driving offences involving drink or drugs, and penalties and procedures
Offences, defences, penalties, and blood test fee: Offences and penalties

59Failure or refusal to remain at specified place or to accompany enforcement officer

  1. A person commits an offence if the person—

  2. fails or refuses to remain at the place where the person underwent a breath screening test under section 68 until after the result of the test is ascertained; or
    1. fails or refuses to accompany without delay an enforcement officer to a place when required to do so under section 69, 71E, 71F, or 72; or
      1. having accompanied an enforcement officer to a place under a requirement under section 69, 71E, 71F, or 72,—
        1. fails or refuses to remain at that place until the person is required either to undergo an evidential breath test, a blood test, or a compulsory impairment test under this Act; or
          1. fails or refuses to accompany an enforcement officer to another place under any of those sections; or
          2. having undergone an evidential breath test under a requirement under section 69 or a compulsory impairment test under section 71F, fails or refuses to remain at the place where the person underwent the test until after the result of the test is ascertained.

            1. If a person is convicted of an offence against subsection (1),—

            2. the maximum penalty is a fine not exceeding $4,500; and
              1. the court may disqualify the person from holding or obtaining a driver licence for such period as the court thinks fit.

                1. A person commits an infringement offence if the person,—

                2. having undergone an oral fluid screening test under any of sections 71A to 71C, fails or refuses to remain at the place where the person underwent the test until after the result of the test is ascertained; or
                  1. fails or refuses to accompany without delay an enforcement officer to a place when required to do so under section 71A, 71B, or 71DE; or
                    1. having accompanied an enforcement officer to a place under a requirement under section 71A or 71B, fails or refuses to remain at that place until the person is required to undergo an oral fluid screening test under section 71A or 71B; or
                      1. having accompanied an enforcement officer to a place under a requirement under section 71DE, fails or refuses to remain at that place until the person is required to provide an oral fluid sample under that section.

                        Compare
                        Notes
                        • Section 59(1) heading: inserted, on , by section 11(1) of the Land Transport (Drug Driving) Amendment Act 2025 (2025 No 12).
                        • Section 59(1)(b): amended, on , by section 11(2) of the Land Transport (Drug Driving) Amendment Act 2025 (2025 No 12).
                        • Section 59(1)(b): amended, on , by section 12(1) of the Land Transport (Drug Driving) Amendment Act 2022 (2022 No 5).
                        • Section 59(1)(b): amended, on , by section 9(1) of the Land Transport Amendment Act 2009 (2009 No 17).
                        • Section 59(1)(c): amended, on , by section 11(2) of the Land Transport (Drug Driving) Amendment Act 2025 (2025 No 12).
                        • Section 59(1)(c): amended, on , by section 12(1) of the Land Transport (Drug Driving) Amendment Act 2022 (2022 No 5).
                        • Section 59(1)(c): amended, on , by section 9(2) of the Land Transport Amendment Act 2009 (2009 No 17).
                        • Section 59(1)(c)(i): amended, on , by section 11(3) of the Land Transport (Drug Driving) Amendment Act 2025 (2025 No 12).
                        • Section 59(1)(c)(i): amended, on , by section 12(2) of the Land Transport (Drug Driving) Amendment Act 2022 (2022 No 5).
                        • Section 59(1)(c)(i): amended, on , by section 9(3) of the Land Transport Amendment Act 2009 (2009 No 17).
                        • Section 59(1)(c)(ii): amended, on , by section 9(4) of the Land Transport Amendment Act 2009 (2009 No 17).
                        • Section 59(1)(d): replaced, on , by section 12(3) of the Land Transport (Drug Driving) Amendment Act 2022 (2022 No 5).
                        • Section 59(1)(d): amended, on , by section 11(4) of the Land Transport (Drug Driving) Amendment Act 2025 (2025 No 12).
                        • Section 59(3) heading: inserted, on , by section 11(5) of the Land Transport (Drug Driving) Amendment Act 2025 (2025 No 12).
                        • Section 59(3): inserted, on , by section 11(5) of the Land Transport (Drug Driving) Amendment Act 2025 (2025 No 12).