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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

74: Procedure for dealing with blood specimens

You could also call this:

"What happens to a blood sample taken by the police"

Illustration for Land Transport Act 1998

When a blood specimen is taken under section 72 or 73 of the Land Transport Act 1998, you must follow the correct procedure. The blood specimen must be dealt with in accordance with the relevant blood specimen collecting procedure. This means it must be sent to an approved laboratory for analysis and custody. If the blood specimen was taken under section 72, an enforcement officer must send it to the laboratory within 7 days. If the blood specimen was taken under section 73, the health practitioner who took it must send it to the laboratory within 7 days. They must also tell the Commissioner which laboratory they sent it to and who the blood specimen was taken from. You can ask for the blood specimen to be sent to a private analyst if you want it to be analysed by someone else. You must apply to the Commissioner in writing, stating your name, address, occupation, and the date of the alleged offence. You must also say which private analyst you want to analyse the blood specimen and their address. The blood specimen can be destroyed one year after it was sent to the laboratory.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM434841.

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
Enforcement procedures involving taking of blood specimens

74Procedure for dealing with blood specimens

  1. A blood specimen taken under section 72 or 73 must be dealt with in accordance with the relevant blood specimen collecting procedure.

  2. Repealed

  3. In the case of a blood specimen taken under section 72, an enforcement officer must, within 7 days after the date on which the specimen was taken, deliver or cause to be delivered (whether by courier or otherwise), or post or cause to be posted, the blood specimen to an approved laboratory for its analysis and custody in accordance with the relevant blood specimen collecting procedure.

  4. In the case of a blood specimen taken under section 73, the health practitioner or medical officer by whom the specimen was taken must,—

  5. within 7 days after the date on which the specimen was taken, deliver or cause to be delivered (whether by courier or otherwise), or post or cause to be posted, the blood specimen to an approved laboratory for its analysis and custody in accordance with the relevant blood specimen collecting procedure; and
    1. if, at the time the blood specimen is taken, there is more than 1 approved laboratory, give the Commissioner a written notification—
      1. identifying the approved laboratory to whom the blood specimen was (or is being) delivered or posted; and
        1. naming the person from whom the blood specimen was taken.

        2. If a person from whom a blood specimen was taken wishes to have the specimen analysed by a private analyst,—

        3. the person (or the person's solicitor or counsel) may apply to the Commissioner in accordance with subsection (7); and
          1. if the application complies with subsection (7),—
            1. the Commissioner, or a person authorised for the purpose by the Commissioner, must forward a copy of the application to the approved laboratory to whom the blood specimen taken from the person was delivered or posted under subsection (3) or subsection (4); and
              1. that laboratory must send by post, personal delivery, or delivery by courier the blood specimen, held for the purpose, to the private analyst specified in the application.

              2. If an application under subsection (5) does not comply with subsection (7), the Commissioner or authorised person may refuse to forward a copy of the application to the approved laboratory.

              3. An application under subsection (5)(a) must—

              4. be made in writing to the Commissioner not later than 28 days after—
                1. the date on which a summons in respect of an offence against this Act (which offence is an offence arising out of the circumstances in respect of which the blood specimen was taken) is served on the defendant; or
                  1. if the defendant is arrested under a warrant under section 34 of the Criminal Procedure Act 2011 in respect of any such offence, the date on which the defendant is so arrested; or
                    1. in the case of an infringement offence, the date on which the defendant is served with an infringement notice in respect of the infringement offence; or
                      1. in any case to which subparagraph (i), (ii), or (iia) does not apply, the date on which the defendant is first charged in court with any such offence; and
                      2. state the full name and address and the occupation of the person and the date of the alleged offence; and
                        1. identify the private analyst to whom the blood specimen is to be sent and the address of the private analyst.

                          1. A blood specimen sent to an approved laboratory under subsection (3) or subsection (4) may be destroyed at any time later than 1 year after the date the specimen was so sent.

                          Compare
                          Notes
                          • Section 74(1): substituted, on , by section 35(1) of the Land Transport (Road Safety and Other Matters) Amendment Act 2011 (2011 No 13).
                          • Section 74(2): repealed, on , by section 35(1) of the Land Transport (Road Safety and Other Matters) Amendment Act 2011 (2011 No 13).
                          • Section 74(3): amended, on , by section 65(1) of the Statutes Amendment Act 2022 (2022 No 75).
                          • Section 74(3): amended, on , by section 35(2) of the Land Transport (Road Safety and Other Matters) Amendment Act 2011 (2011 No 13).
                          • Section 74(4): amended, on , by section 13 of the Land Transport Amendment Act 2016 (2016 No 77).
                          • Section 74(4): amended, on , by section 175(1) of the Health Practitioners Competence Assurance Act 2003 (2003 No 48).
                          • Section 74(4)(a): amended, on , by section 65(2) of the Statutes Amendment Act 2022 (2022 No 75).
                          • Section 74(4)(a): amended, on , by section 35(3) of the Land Transport (Road Safety and Other Matters) Amendment Act 2011 (2011 No 13).
                          • Section 74(4)(b): amended, on , by section 35(4) of the Land Transport (Road Safety and Other Matters) Amendment Act 2011 (2011 No 13).
                          • Section 74(4)(b)(i): substituted, on , by section 35(5) of the Land Transport (Road Safety and Other Matters) Amendment Act 2011 (2011 No 13).
                          • Section 74(5)(b)(i): amended, on , by section 35(6) of the Land Transport (Road Safety and Other Matters) Amendment Act 2011 (2011 No 13).
                          • Section 74(5)(b)(ii): substituted, on , by section 35(7) of the Land Transport (Road Safety and Other Matters) Amendment Act 2011 (2011 No 13).
                          • Section 74(5)(b)(ii): amended, on , by section 65(3) of the Statutes Amendment Act 2022 (2022 No 75).
                          • Section 74(6): amended, on , by section 35(8) of the Land Transport (Road Safety and Other Matters) Amendment Act 2011 (2011 No 13).
                          • Section 74(7)(a)(ii): amended, on , by section 413 of the Criminal Procedure Act 2011 (2011 No 81).
                          • Section 74(7)(a)(iia): inserted, on , by section 12 of the Land Transport Amendment Act (No 2) 2014 (2014 No 57).
                          • Section 74(7)(a)(iii): replaced, on , by section 12 of the Land Transport Amendment Act (No 2) 2014 (2014 No 57).
                          • Section 74(7)(c): amended, on , by section 4 of the Land Transport Amendment Act 2015 (2015 No 17).
                          • Section 74(8): amended, on , by section 35(9) of the Land Transport (Road Safety and Other Matters) Amendment Act 2011 (2011 No 13).