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Land Transport Act 1998

Driving offences involving drink or drugs, and penalties and procedures - Evidential provisions

75: Certificates in blood-alcohol and drug-driving proceedings

You could also call this:

“Rules about using blood test results in drunk or drugged driving cases”

This section of the law is about certificates that can be used as evidence in blood-alcohol and drug-driving cases. These certificates are important because they can prove certain facts without needing additional proof.

A health practitioner or medical officer can sign a certificate saying they took a blood sample from someone. They need to follow specific steps when taking the sample and handling it. The certificate will explain how they did this.

If someone is in a hospital or medical centre, a health practitioner can sign a certificate saying they took a blood sample from that person. They need to make sure it’s safe to take the sample and tell the person why they’re doing it.

There are also certificates that can be signed by approved analysts. These certificates talk about how the blood sample was delivered to them and what they found when they analysed it.

If someone wants their blood sample sent to a private analyst, there’s a certificate for that too.

These certificates are accepted as proof of what they say unless someone can show they’re wrong. The people signing these certificates don’t need to explain why they’re allowed to sign them, as long as it’s clear they’re the right type of person to do so.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM434844.

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74: Procedure for dealing with blood specimens, or

"Rules for handling blood samples taken for legal reasons"

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Part 6 Driving offences involving drink or drugs, and penalties and procedures
Evidential provisions

75Certificates in blood-alcohol and drug-driving proceedings

  1. Except as provided in section 79, production of a certificate to which this section applies in proceedings for an offence against this Part is sufficient evidence, in the absence of proof to the contrary, of such of the matters as are stated in the certificate and of the sufficiency of the authority and qualifications of the person by whom the certificate is made and, in the case of a certificate referred to in subsection (5), of the person who carried out the analysis.

  2. This section applies to a certificate purporting to be signed by a health practitioner or medical officer and certifying that—

  3. a specimen of venous blood was taken by the practitioner or medical officer in accordance with the blood specimen collecting procedure specified in the certificate from a person named in the certificate; and
    1. for the purposes of the specified blood specimen collecting procedure,—
      1. the specimen was sufficient; or
        1. the specimen was insufficient and the practitioner or medical officer took a further specimen; and
        2. in accordance with the specified blood specimen collecting procedure, the practitioner or medical officer kept the specimen in the appropriate container or containers (as applicable); and
          1. each such container was received by the practitioner or medical officer in a sealed blood specimen collecting kit; and
            1. the practitioner or medical officer handed each such container to an enforcement officer named in the certificate.

              1. This section also applies to a certificate purporting to be signed by a health practitioner and certifying that—

              2. the person named in the certificate was in a hospital or medical centre; and
                1. the practitioner, being a health practitioner in immediate charge of the examination, care, or treatment of that person, took a blood specimen or caused a blood specimen to be taken by any other health practitioner or any medical officer from the person under section 73; and
                  1. the practitioner 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. before taking the blood specimen or causing the blood specimen to be taken from the person, the practitioner examined the person and was satisfied that the taking of the blood specimen would not be prejudicial to the person's proper care or treatment; and
                        1. the practitioner either—
                          1. told the person that the blood specimen was being or had been taken under section 73 for evidential purposes; or
                            1. if the person was unconscious when the specimen was taken, notified the person in writing as soon as practicable that the blood specimen was taken under section 73 for evidential purposes.

                            2. This section also applies to a certificate purporting to be signed by a health practitioner or medical officer and certifying—

                            3. all the matters referred to in paragraphs (a) to (d) of subsection (2); and
                              1. that the practitioner or medical officer sent or caused to be sent by post, personal delivery, or delivery by courier, on a specified date, the specimen to a specified approved laboratory in accordance with section 74; and
                                1. that, if at the time the blood specimen was taken more than 1 approved laboratory exists, the practitioner or medical officer has notified the Commissioner in writing of the approved laboratory to which the specimen was delivered or posted.

                                  1. This section also applies to a certificate purporting to be signed by an approved analyst and certifying that—

                                  2. a blood specimen in a sealed container was, on a specified date, delivered to an approved analyst (or a person employed by an approved laboratory and approved for the purpose by an approved analyst) for analysis, and was delivered by post or personal delivery or delivery by courier; and
                                    1. on analysis of the blood specimen by an analyst specified in the certificate, the presence or a specified proportion of alcohol or of a drug, or both (as the case may be), was found in the specimen; and
                                      1. no such deterioration or congealing was found as would prevent a proper analysis.

                                        1. This section also applies to a certificate purporting to be signed by an approved analyst and certifying that, following an application under section 74, a blood specimen was posted to a specified private analyst by post, personal delivery, or delivery by courier, and addressed to the private analyst at the address given in the application.

                                        2. For the purposes of this section, it is not necessary for the person making a certificate to specify his or her entitlement to give the certificate if the certificate indicates that the person belongs to the general category of persons who may make such a certificate.

                                        Compare
                                        Notes
                                        • Section 75 heading: amended, on , by section 24 of the Land Transport (Drug Driving) Amendment Act 2022 (2022 No 5).
                                        • Section 75(2): substituted, on , by section 36(1) of the Land Transport (Road Safety and Other Matters) Amendment Act 2011 (2011 No 13).
                                        • Section 75(2): amended, on , by section 14(1) of the Land Transport Amendment Act 2016 (2016 No 77).
                                        • Section 75(3): amended, on , by section 14(2)(a) of the Land Transport Amendment Act 2016 (2016 No 77).
                                        • Section 75(3): amended, on , by section 175(1) of the Health Practitioners Competence Assurance Act 2003 (2003 No 48).
                                        • Section 75(3)(a): amended, on , by section 14(2)(b) of the Land Transport Amendment Act 2016 (2016 No 77).
                                        • Section 75(3)(b): amended, on , by section 14(2)(a) of the Land Transport Amendment Act 2016 (2016 No 77).
                                        • Section 75(3)(b): amended, on , by section 175(1) of the Health Practitioners Competence Assurance Act 2003 (2003 No 48).
                                        • Section 75(3)(c): substituted, on , by section 36(2) of the Land Transport (Road Safety and Other Matters) Amendment Act 2011 (2011 No 13).
                                        • Section 75(3)(c): amended, on , by section 14(2)(b) of the Land Transport Amendment Act 2016 (2016 No 77).
                                        • Section 75(4): amended, on , by section 14(3) of the Land Transport Amendment Act 2016 (2016 No 77).
                                        • Section 75(4): amended, on , by section 175(1) of the Health Practitioners Competence Assurance Act 2003 (2003 No 48).
                                        • Section 75(4)(b): amended, on , by section 66(1) of the Statutes Amendment Act 2022 (2022 No 75).
                                        • Section 75(4)(b): amended, on , by section 36(3) of the Land Transport (Road Safety and Other Matters) Amendment Act 2011 (2011 No 13).
                                        • Section 75(4)(b): amended, on , by section 175(1) of the Health Practitioners Competence Assurance Act 2003 (2003 No 48).
                                        • Section 75(4)(c): substituted, on , by section 36(4) of the Land Transport (Road Safety and Other Matters) Amendment Act 2011 (2011 No 13).
                                        • Section 75(5)(a): amended, on , by section 66(2) of the Statutes Amendment Act 2022 (2022 No 75).
                                        • Section 75(5)(a): amended, on , by section 36(5) of the Land Transport (Road Safety and Other Matters) Amendment Act 2011 (2011 No 13).
                                        • Section 75(5)(b): amended, on , by section 19 of the Land Transport Amendment Act 2009 (2009 No 17).
                                        • Section 75(6): amended, on , by section 66(3) of the Statutes Amendment Act 2022 (2022 No 75).
                                        • Section 75(6): amended, on , by section 36(6) of the Land Transport (Road Safety and Other Matters) Amendment Act 2011 (2011 No 13).