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Land Transport Act 1998

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

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

You could also call this:

"Refusing a blood test or impairment test when asked by police"

Illustration for Land Transport Act 1998

You can commit an offence if you fail or refuse to let someone take a blood specimen after being asked to do so under section 72. You can also commit an offence if you fail or refuse to undergo a compulsory impairment test under section 71F. If you are convicted of this offence, you may face a fine or imprisonment. If you are convicted of this offence for the first or second time, the maximum penalty is imprisonment for up to 3 months or a fine of up to $4,500. The court must also order you to be disqualified from holding or obtaining a driver licence for at least 6 months. However, this disqualification may not apply if certain conditions are met, such as an order being made under section 65. If you are convicted of this offence for the third or subsequent time, the maximum penalty is imprisonment for up to 2 years or a fine of up to $6,000. The court must also order you to be disqualified from holding or obtaining a driver licence for more than 1 year. Again, this disqualification may not apply if certain conditions are met, such as an order being made under section 65. In some cases, you may be presumed to have refused to permit a blood specimen to be taken if you are medically or physically unable to provide one. The court's decision to impose a disqualification is subject to section 81, which allows the court not to order disqualification for special reasons relating to the offence.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM434802.

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Topics:
Crime and justice > Police and safetyTransport and travel > Driving
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Part 6Driving offences involving drink or drugs, and penalties and procedures
Offences and penalties

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

  1. A person commits an offence if the person—

  2. fails or refuses to permit a blood specimen to be taken after having been required to do so under section 72 by an enforcement officer; or
    1. fails or refuses to permit a blood specimen to be taken without delay after having been requested to do so under section 72 by a health practitioner or medical officer; or
      1. is a person from whom a health practitioner or medical officer may take a blood specimen under section 73 and refuses or fails to permit such a person to take a blood specimen; or
        1. fails or refuses to undergo a compulsory impairment test under section 71F.

          1. If a person is convicted of a first or second offence against subsection (1),—

          2. the maximum penalty is imprisonment for a term not exceeding 3 months or a fine not exceeding $4,500; and
            1. the court must order the person to be disqualified from holding or obtaining a driver licence for 6 months or more.

              1. The mandatory disqualification in subsection (2)(b) does not apply if—

              2. an order is made under section 65; or
                1. an alcohol interlock sentence is ordered under section 65AC(1).

                  1. If a person is convicted of a third or subsequent offence against subsection (1) or any of sections 56(1), 56(2), 57A(1), 57B(1), 57C(1), 58(1), and 61(1) and (2) (whether or not that offence is of the same kind as the person's first or second offence against any of those provisions),—

                  2. the maximum penalty is imprisonment for a term not exceeding 2 years or a fine not exceeding $6,000; and
                    1. the court must order the person to be disqualified from holding or obtaining a driver licence for more than 1 year.

                      1. The mandatory disqualification in subsection (3)(b) does not apply if—

                      2. an order is made under section 65; or
                        1. an alcohol interlock sentence is ordered under section 65AC(1).

                          1. Subsection (3C) applies to a person who—

                          2. is required to permit a blood specimen to be taken under section 72(1)(a), (b), or (e); and
                            1. when required, on a previous occasion, to permit a blood specimen to be taken under section 72(1)(a), (b), or (e), was medically or physically unable to provide a blood specimen.

                              1. A person described in subsection (3B) who is medically or physically unable to provide a blood specimen is presumed, in the absence of proof to the contrary, to have refused to permit a blood specimen to be taken.

                              2. For the purposes of this section, a conviction for an offence against a provision of the Transport Act 1962 corresponding to an offence specified in subsection (3) is to be treated as a conviction for an offence specified in that subsection.

                              3. The imposition of a mandatory disqualification under this section is subject to section 81 (which allows a court not to order disqualification for special reasons relating to the offence).

                              Compare
                              Notes
                              • Section 60 heading: amended, on , by section 10(1) of the Land Transport Amendment Act 2009 (2009 No 17).
                              • Section 60(1)(b): amended, on , by section 7(1) of the Land Transport Amendment Act 2016 (2016 No 77).
                              • Section 60(1)(b): amended, on , by section 175(1) of the Health Practitioners Competence Assurance Act 2003 (2003 No 48).
                              • Section 60(1)(c): amended, on , by section 7(2) of the Land Transport Amendment Act 2016 (2016 No 77).
                              • Section 60(1)(c): amended, on , by section 10(2) of the Land Transport Amendment Act 2009 (2009 No 17).
                              • Section 60(1)(c): amended, on , by section 175(1) of the Health Practitioners Competence Assurance Act 2003 (2003 No 48).
                              • Section 60(1)(d): added, on , by section 10(2) of the Land Transport Amendment Act 2009 (2009 No 17).
                              • Section 60(1)(d): amended, on , by section 13(1) of the Land Transport (Drug Driving) Amendment Act 2022 (2022 No 5).
                              • Section 60(2A): inserted, on , by section 20(1) of the Land Transport Amendment Act 2017 (2017 No 34).
                              • Section 60(3): replaced, on , by section 413 of the Criminal Procedure Act 2011 (2011 No 81).
                              • Section 60(3): amended, on , by section 13(2) of the Land Transport (Drug Driving) Amendment Act 2022 (2022 No 5).
                              • Section 60(3A): replaced, on , by section 20(2) of the Land Transport Amendment Act 2017 (2017 No 34).
                              • Section 60(3B): inserted, on , by section 6 of the Land Transport Amendment Act (No 2) 2014 (2014 No 57).
                              • Section 60(3C): inserted, on , by section 6 of the Land Transport Amendment Act (No 2) 2014 (2014 No 57).
                              • Section 60(5): replaced, on , by section 20(3) of the Land Transport Amendment Act 2017 (2017 No 34).