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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

73: Who must give blood specimen in hospital or medical centre

You could also call this:

“Rules for taking blood samples in hospitals after car accidents”

If you are in a hospital or medical centre, you must allow a blood sample to be taken from you by the health practitioner in charge of your care or another health practitioner or medical officer. This applies even if you are unconscious.

The health practitioner in charge of your care can take a blood sample or ask another health practitioner or medical officer to do so. They must do this if a police officer asks them to. This can be done whether or not you agree or are able to agree.

If the first sample is not enough, they can take another sample. This is treated as part of the first sample.

The health practitioner can only take a blood sample if they think you are in the hospital because of a car accident or something that happened after a car accident. They must also check that taking the sample won’t harm your health. They need to tell you (if you’re awake) that the sample is for evidence.

If you’re unconscious when the sample is taken, they must tell you in writing as soon as they can that the sample was taken for evidence.

No one can be sued for taking a blood sample under these rules, except if they were careless when taking it.

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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=DLM434836.

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"Rules for giving blood samples when police ask outside of hospitals"

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

"How the police can use your blood sample as evidence when driving"

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

73Who must give blood specimen in hospital or medical centre

  1. A person who is under examination, care, or treatment in a hospital or medical centre must permit a blood specimen to be taken from the person by—

  2. the health practitioner who is in immediate charge of the examination, care, or treatment of the person; or
    1. another health practitioner or a medical officer.

      1. If a person under examination, care, or treatment in a hospital or medical centre is unconscious, a blood specimen may be taken from the person under this section by—

      2. the health practitioner who is in immediate charge of the examination, care, or treatment of the person; or
        1. another health practitioner or a medical officer.

          1. The health practitioner who is in immediate charge of the examination, care, or treatment of the person in a hospital or medical centre—

          2. may take a blood specimen or cause a blood specimen to be taken by another health practitioner or a medical officer; and
            1. must either take a blood specimen or cause a blood specimen to be taken by another health practitioner or a medical officer, if an enforcement officer requests him or her to do so,—
                1. whether or not the person has consented to the taking of the specimen and whether or not the person is capable of giving consent.

              1. If the specimen originally taken is insufficient for the purposes of the relevant blood specimen collecting procedure, the health practitioner who is in immediate charge of the examination, care, or treatment of the person may take or cause to be taken by another health practitioner or a medical officer a further blood specimen (which further specimen is for the purposes of this Act to be treated as a part of the original blood specimen taken from the person), whether or not the person has consented to the taking of the specimen and whether or not the person is capable of giving consent.

              2. Despite subsection (3), a blood specimen may be taken under any provision of this section only if the health practitioner—

              3. has reasonable grounds to suspect that the person is in the hospital or medical centre as a result of—
                1. an accident or incident involving a motor vehicle:
                  1. an injury or a medical condition arising subsequent to an accident or incident involving a motor vehicle; and
                  2. has examined the person and is satisfied that the taking of the blood specimen would not be prejudicial to the person's proper care or treatment; and
                    1. tells the person (unless the person is unconscious) that the blood specimen is being or was taken under this section for evidential purposes.

                      1. If a blood specimen is taken under this section from a person who is unconscious, the health practitioner or medical officer who took the specimen must notify the person in writing as soon as practicable that the specimen was taken under this section for evidential purposes.

                      2. No civil or criminal proceedings may be taken against the Crown, Health New Zealand, or any other person in respect of the taking of a blood specimen under this section, or in respect of the sending of a blood specimen to an approved laboratory, on the ground of lack of consent of a person whose consent to the taking of the blood specimen would have been otherwise required by law if this section had not been enacted.

                      3. Nothing in subsection (7) applies to any proceeding on the ground of any negligent act or omission in the taking of a blood specimen.

                      Compare
                      Notes
                      • Section 73 heading: amended, on , by section 12(1) of the Land Transport Amendment Act 2016 (2016 No 77).
                      • Section 73(1): amended, on , by section 12(2)(a) of the Land Transport Amendment Act 2016 (2016 No 77).
                      • Section 73(1)(a): amended, on , by section 12(2)(b) of the Land Transport Amendment Act 2016 (2016 No 77).
                      • Section 73(1)(a): amended, on , by section 175(1) of the Health Practitioners Competence Assurance Act 2003 (2003 No 48).
                      • Section 73(1)(b): amended, on , by section 12(2)(b) of the Land Transport Amendment Act 2016 (2016 No 77).
                      • Section 73(1)(b): amended, on , by section 175(1) of the Health Practitioners Competence Assurance Act 2003 (2003 No 48).
                      • Section 73(2): amended, on , by section 12(3)(a) of the Land Transport Amendment Act 2016 (2016 No 77).
                      • Section 73(2)(a): amended, on , by section 12(3)(b) of the Land Transport Amendment Act 2016 (2016 No 77).
                      • Section 73(2)(a): amended, on , by section 175(1) of the Health Practitioners Competence Assurance Act 2003 (2003 No 48).
                      • Section 73(2)(b): amended, on , by section 12(3)(b) of the Land Transport Amendment Act 2016 (2016 No 77).
                      • Section 73(2)(b): amended, on , by section 175(1) of the Health Practitioners Competence Assurance Act 2003 (2003 No 48).
                      • Section 73(3): amended, on , by section 12(4)(a) of the Land Transport Amendment Act 2016 (2016 No 77).
                      • Section 73(3): amended, on , by section 12(4)(b) of the Land Transport Amendment Act 2016 (2016 No 77).
                      • Section 73(3): amended, on , by section 175(1) of the Health Practitioners Competence Assurance Act 2003 (2003 No 48).
                      • Section 73(3)(a): amended, on , by section 12(4)(a) of the Land Transport Amendment Act 2016 (2016 No 77).
                      • Section 73(3)(a): amended, on , by section 34(1) of the Land Transport (Road Safety and Other Matters) Amendment Act 2011 (2011 No 13).
                      • Section 73(3)(a): amended, on , by section 175(1) of the Health Practitioners Competence Assurance Act 2003 (2003 No 48).
                      • Section 73(3)(b): amended, on , by section 12(4)(a) of the Land Transport Amendment Act 2016 (2016 No 77).
                      • Section 73(3)(b): amended, on , by section 175(1) of the Health Practitioners Competence Assurance Act 2003 (2003 No 48).
                      • Section 73(4): amended, on , by section 12(5) of the Land Transport Amendment Act 2016 (2016 No 77).
                      • Section 73(4): amended, on , by section 34(2) of the Land Transport (Road Safety and Other Matters) Amendment Act 2011 (2011 No 13).
                      • Section 73(4): amended, on , by section 175(1) of the Health Practitioners Competence Assurance Act 2003 (2003 No 48).
                      • Section 73(5): amended, on , by section 12(6) of the Land Transport Amendment Act 2016 (2016 No 77).
                      • Section 73(5): amended, on , by section 34(3) of the Land Transport (Road Safety and Other Matters) Amendment Act 2011 (2011 No 13).
                      • Section 73(5): amended, on , by section 37(a) of the Land Transport Amendment Act 2005 (2005 No 77).
                      • Section 73(5): amended, on , by section 37(b) of the Land Transport Amendment Act 2005 (2005 No 77).
                      • Section 73(5): amended, on , by section 175(1) of the Health Practitioners Competence Assurance Act 2003 (2003 No 48).
                      • Section 73(5)(a): substituted, on , by section 17 of the Land Transport Amendment Act 2009 (2009 No 17).
                      • Section 73(5)(a): amended, on , by section 12(7) of the Land Transport Amendment Act 2016 (2016 No 77).
                      • Section 73(6): amended, on , by section 12(8) of the Land Transport Amendment Act 2016 (2016 No 77).
                      • Section 73(7): amended, on , by section 104 of the Pae Ora (Healthy Futures) Act 2022 (2022 No 30).
                      • Section 73(7): amended, on , by section 34(4) of the Land Transport (Road Safety and Other Matters) Amendment Act 2011 (2011 No 13).
                      • Section 73(7): amended, on , by section 111(1) of the New Zealand Public Health and Disability Act 2000 (2000 No 91).