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Land Transport Act 1998

Driving offences involving drink or drugs, and penalties and procedures - Offences and penalties

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

You could also call this:

“Not following police instructions for tests or staying put”

You can be charged with an offence if you do any of these things:

If you take a breath screening test, you must stay there until you know the result. If you don’t, it’s an offence.

If a police officer tells you to go with them to another place for testing, you must go right away. This could be for different types of tests. If you don’t go, it’s an offence.

If you go with the police officer to a place for testing, you must stay there until they tell you to take a test. These tests could be for breath, oral fluid (like saliva), blood, or to check if you’re impaired. If you don’t stay, it’s an offence.

If the police officer tells you to go to another place for testing, you must go. If you don’t, it’s an offence.

After you take a breath test, an oral fluid test, or an impairment test, you must stay there until you know the result. If you don’t stay, it’s an offence.

If you’re found guilty of any of these offences, you might have to pay up to $4,500. The court might also take away your driver licence for some time.

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This page was last updated on

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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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

"Refusing to give a blood sample or take a driving test when asked by police"

Part 6 Driving offences involving drink or drugs, and penalties and procedures
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, 71A, 71B, 71E, 71F, or 72; or
      1. having accompanied an enforcement officer to a place under a requirement under section 69, 71A, 71B, 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, an oral fluid 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, an oral fluid test under a requirement under any of sections 71A to 71C, 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.

                Compare
                Notes
                • 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 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 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).