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Land Transport Act 1998

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

75A: Certificates of compliance for evidential breath-testing devices

You could also call this:

“Rules for breath-testing machines to make sure they work properly”

When a device is used to test your breath for alcohol, it needs to have a special certificate. This certificate shows that the device works correctly. The Science Minister allows certain people to give these certificates.

If you go to court because the device said you had too much alcohol in your breath, the police must show the judge a copy of this certificate. The certificate proves that the device was working properly. Nobody can argue against what the certificate says about the device.

If someone shows a document that looks like this certificate or a copy of it in court, everyone must believe it’s real unless there’s proof it’s not.

The Police Minister, after talking to other important ministers, decides what information needs to be in these certificates. This includes how long the device can be used before it needs to be checked again, and when the certificate was given.

The rules about these certificates are part of the law, and you can find them in the Legislation Act 2019.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM434846.

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

75ACertificates of compliance for evidential breath-testing devices

  1. An evidential breath-testing device must be supported by a certificate of compliance given under this section by a person authorised for the purpose by the Science Minister.

  2. At any trial for an offence involving excess breath alcohol recorded by the device (being an offence committed on or after the commencement of this section), the prosecution must produce to the court a certified copy of the certificate of compliance. The certification must be given by a person authorised for the purpose by the Commissioner and must state that the copy is a true copy of the original certificate.

  3. Subject to subsection (4), a certificate of compliance or a certified copy of it that is produced under subsection (2) is for all purposes conclusive evidence of the matters stated in the certificate, and neither the matters stated in the certificate nor the manufacturer's specifications for the device concerned may be challenged, called into question, or put in issue in any proceedings in respect of an offence involving excess breath alcohol recorded by the device.

  4. In the absence of proof to the contrary, a document purporting to be a certificate of compliance or a certified copy of a certificate of compliance—

  5. must be treated as such a certificate or certified copy; and
    1. is conclusive evidence of the sufficiency of the authority of the person who signed the document.

      1. After consultation with the Minister and the Minister of Justice, the Minister of Police must, by notice, specify for each kind of evidential breath-testing device the matters that are required to be stated in a certificate of compliance.

      2. Without limiting subsection (5),—

      3. in the case of any kind of evidential breath-testing device approved after the commencement of this section, the notice under subsection (5) must be given in conjunction with the notice approving that kind of device:
        1. a notice under subsection (5) must specify the maximum period of service for the relevant kind of device, and must require a certificate of compliance to specify the date on which that period began or begins:
          1. a notice under subsection (5) must specify the maximum period permitted between the date on which a certificate of compliance is issued and the date by which a test result must be obtained, and must require a certificate of compliance to specify the date on which the certificate of compliance was issued:
            1. a notice under subsection (5) must require a certificate of compliance to include a statement to the effect that the device is being maintained within the manufacturer's specifications.

              1. A notice under subsection (5) is secondary legislation (see Part 3 of the Legislation Act 2019 for publication requirements).

              Notes
              • Section 75A: inserted, on , by section 8 of the Land Transport (Road Safety Enforcement) Amendment Act 2001 (2001 No 104).
              • Section 75A(2): amended, on , by section 413 of the Criminal Procedure Act 2011 (2011 No 81).
              • Section 75A(5): amended, on , by section 3 of the Secondary Legislation Act 2021 (2021 No 7).
              • Section 75A(7): inserted, on , by section 3 of the Secondary Legislation Act 2021 (2021 No 7).