Plain language law

New Zealand law explained for everyone

Land Transport Act 1998

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

64: Defences

You could also call this:

"Reasons you are not guilty of a driving offence"

Illustration for Land Transport Act 1998

If you are charged with an offence, you may have a defence. A defence is a reason why you should not be found guilty. You can use a defence if a health practitioner says taking a blood specimen would harm your health. You can also use a defence if you took a qualifying drug as prescribed by a health practitioner. This means you followed the instructions from the health practitioner or the drug manufacturer. You can also use a defence if a health practitioner gave you the drug and you followed their instructions. There are some cases where you cannot use a defence. For example, if there was an error in a breath or blood test, you cannot use this as a defence. You also cannot use a defence if you did not follow the instructions from a health practitioner or the drug manufacturer. If you are charged with an offence related to driving, you may have a defence if you have a medical condition that stops you from taking a test. You can also use a defence if you were injured in a car accident and cannot take the test. It is no defence to say that a provision in the Land Transport Act was not followed exactly. You must have followed the provision reasonably. You can find more information about the Land Transport Act by looking at section 60, section 57A(1) or (2), 57B(1) or (2), 57C(1) or (2), or 62(1B). Remember, a defence is a reason why you should not be found guilty of an offence. You should talk to a lawyer or a health practitioner to understand your defence options.

This text is automatically generated. It might be out of date or be missing some parts. Find out more about how we do this.

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM434814.

This page was last updated on — View changes

Topics:
Crime and justice > Courts and legal helpTransport and travel > Driving
Previous

63: Further penalty in certain cases where person driving vehicle used in transport service, or

"Extra punishment for driving offences in transport service vehicles"

Next

65: Mandatory disqualification and assessment for repeat offences, or

"Losing your driver licence for repeat driving offences"

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

64Defences

  1. It is a defence to proceedings for an offence against section 60 (which relates to failing or refusing to supply a blood specimen) if the court is satisfied, on the evidence of a health practitioner, that the taking of a blood specimen from the defendant would have been prejudicial to the defendant's health.

  2. Subsection (1) is subject to section 60(3B) and (3C).

  3. It is a defence to proceedings for an offence against section 57A(1) or (2), 57B(1) or (2), 57C(1) or (2) or 62(1B) if the court is satisfied that the person has consumed the relevant qualifying drug—

  4. in accordance with—
    1. a current and valid prescription written for that person by a health practitioner; and
      1. any instructions from a health practitioner or from the manufacturer of the qualifying drug; or
      2. because it was administered by a health practitioner, provided that the person complied with the instructions (if any) that the health practitioner has given.

        1. It is a defence to proceedings for an offence against section 57A(3), 57B(3), or 57C(3) or (4) if—

        2. the person—
          1. has a current and valid prescription for the qualifying drug that was written for that person by a health practitioner; and
            1. has complied with the instructions (if any) from a health practitioner or from the manufacturer of the qualifying drug about driving, consuming alcohol or other prescription medicines, or both, while consuming the qualifying drug; or
            2. the drug was administered by a health practitioner, and the person complied with the instructions (if any) given by the health practitioner.

              1. It is a defence to proceedings for an offence against section 60(1)(d) if the court is satisfied that the person's failure or refusal to undergo a compulsory impairment test is because of—

              2. a pre-existing medical condition or pre-existing disability that precludes undergoing the test:
                1. an injury, sustained in a motor vehicle accident giving rise to an obligation to undergo the test, that precludes undergoing the test.

                  1. It is no defence to proceedings for an offence that a provision forming part of sections 68 to 75A, 77, and 77A has not been strictly complied with or has not been complied with at all, provided there has been reasonable compliance with such of those provisions as apply.

                  2. In any proceedings against any person for an offence against section 52(1)(c) arising out of circumstances in which an enforcement officer exercised powers under section 121(2) and in respect of which a breath screening test or an evidential breath test or a blood test was undergone by the person, it is no defence that—

                  3. the breath screening test or evidential breath test indicated that,—
                    1. in the case of a person apparently younger than 20, the person’s breath did not contain alcohol; or
                      1. in the case of a person who holds an alcohol interlock licence or a zero alcohol licence, the person's breath did not contain alcohol; or
                        1. in any other case, the proportion of alcohol in the person’s breath did not exceed 250 micrograms of alcohol per litre of breath; or
                        2. any evidence given in respect of the results of a blood test indicates that,—
                          1. in the case of a person apparently younger than 20, the person’s blood did not contain alcohol; or
                            1. in the case of a person who holds an alcohol interlock licence or a zero alcohol licence, the person's blood did not contain alcohol; or
                              1. in any other case, the proportion of alcohol in the person’s blood did not exceed 50 milligrams of alcohol per 100 millilitres of blood.

                              2. It is no defence to proceedings for an offence against section 60 (which relates to failing or refusing to supply a blood specimen) that—

                              3. there was or may have been an error in the result of the breath screening test, evidential breath test, or oral fluid screening test; or
                                1. the occurrence or likely occurrence of any such error did not entitle or empower a person to request or require an evidential breath test or a blood test.

                                  1. It is no defence to proceedings for an offence against this Act in respect of the proportion of alcohol in a person's breath—

                                  2. that there was or may have been an error in the result of the breath screening test or evidential breath test; or
                                    1. that the occurrence or likely occurrence of any such error did not entitle or empower a person to request or require an evidential breath test.

                                      1. It is no defence to proceedings for an offence against this Act in respect of the proportion of alcohol in a person's blood—

                                      2. that there was or may have been an error in the result of the breath screening test or evidential breath test; or
                                        1. that the occurrence or likely occurrence of any such error did not entitle or empower a person to request or require an evidential breath test or a blood test.

                                          1. It is no defence to proceedings for an offence against this Act in respect of the proportion of a qualifying drug in a person’s blood that there was or may have been an error in the result of an oral fluid screening test undergone by the person.

                                          Compare
                                          Notes
                                          • Section 64(1): amended, on , by section 8 of the Land Transport Amendment Act 2016 (2016 No 77).
                                          • Section 64(1): amended, on , by section 175(1) of the Health Practitioners Competence Assurance Act 2003 (2003 No 48).
                                          • Section 64(1AA): inserted, on , by section 7 of the Land Transport Amendment Act (No 2) 2014 (2014 No 57).
                                          • Section 64(1A): inserted, on , by section 13 of the Land Transport Amendment Act 2009 (2009 No 17).
                                          • Section 64(1A): amended, on , by section 16(1) of the Land Transport (Drug Driving) Amendment Act 2022 (2022 No 5).
                                          • Section 64(1A): amended, on , by section 15(1) of the Land Transport (Enforcement Powers) Amendment Act 2009 (2009 No 36).
                                          • Section 64(1A)(a)(ii): amended, on , by section 15(2) of the Land Transport (Enforcement Powers) Amendment Act 2009 (2009 No 36).
                                          • Section 64(1AB): inserted, on , by section 16(2) of the Land Transport (Drug Driving) Amendment Act 2022 (2022 No 5).
                                          • Section 64(1AB): amended, on , by section 13(1) of the Land Transport (Drug Driving) Amendment Act 2025 (2025 No 12).
                                          • Section 64(1B): inserted, on , by section 13 of the Land Transport Amendment Act 2009 (2009 No 17).
                                          • Section 64(2): amended, on , by section 16(3) of the Land Transport (Drug Driving) Amendment Act 2022 (2022 No 5).
                                          • Section 64(2): amended, on , by section 5(1) of the Land Transport (Road Safety Enforcement) Amendment Act 2001 (2001 No 104).
                                          • Section 64(3): substituted, on , by section 28 of the Land Transport (Road Safety and Other Matters) Amendment Act 2011 (2011 No 13).
                                          • Section 64(3)(a)(iii): amended, on , by section 15 of the Land Transport Amendment Act (No 2) 2014 (2014 No 57).
                                          • Section 64(3)(b)(iii): amended, on , by section 15 of the Land Transport Amendment Act (No 2) 2014 (2014 No 57).
                                          • Section 64(3A): inserted, on , by section 35 of the Land Transport Amendment Act 2005 (2005 No 77).
                                          • Section 64(3A)(a): amended, on , by section 13(2) of the Land Transport (Drug Driving) Amendment Act 2025 (2025 No 12).
                                          • Section 64(3A)(a): amended, on , by section 16(4) of the Land Transport (Drug Driving) Amendment Act 2022 (2022 No 5).
                                          • Section 64(4)(a): amended, on , by section 5(2) of the Land Transport (Road Safety Enforcement) Amendment Act 2001 (2001 No 104).
                                          • Section 64(6): replaced, on , by section 13(3) of the Land Transport (Drug Driving) Amendment Act 2025 (2025 No 12).