Land Transport Act 1998

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

76: Presumptions relating to blood specimens

You could also call this:

"What is assumed to be true about your blood test in court"

Illustration for Land Transport Act 1998

When you are in court for something to do with the Land Transport Act, some things are assumed to be true unless someone proves otherwise. If a certificate says a blood specimen was taken from someone with the same name, address, and job as you, it is assumed the specimen was taken from you, unless proven otherwise. You can also assume that the person who signed the certificate was allowed to do so. If you want to see the certificates about your blood specimen, you or your lawyer can ask the prosecutor for copies. The prosecutor must give you the copies if you ask for them, if the certificates are about your blood specimen taken under section 72 or section 73. You will get the copies of any certificates that relate to your blood specimen.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM434848.

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

76Presumptions relating to blood specimens

  1. In proceedings for an offence against this Act it is to be presumed, in the absence of proof to the contrary, that,—

  2. if a certificate referred to in section 75 names a person having the same name, address, and occupation as the defendant as the person from whom the specimen of blood was taken, the specimen was taken from the defendant:
    1. every approved analyst who signed a certificate referred to in section 75(5) was duly authorised to sign it:
      1. if the container in which a blood specimen (or part of a blood specimen) was placed was received by a health practitioner or medical officer in a sealed blood specimen collecting kit, the container contained a substance (whether or not a combination or mixture of 2 or more substances) and that substance was a preservative and anti-coagulant.
        1. On the request of a person from whom a blood specimen has been taken under section 72 or section 73, or of the person's solicitor or counsel, copies of any certificates referred to in subsection (1) that relate to that blood specimen must be supplied by the prosecutor to the person making the request.

        Compare
        Notes
        • Section 76(1)(c): amended, on , by section 15 of the Land Transport Amendment Act 2016 (2016 No 77).
        • Section 76(1)(c): amended, on , by section 37 of the Land Transport (Road Safety and Other Matters) Amendment Act 2011 (2011 No 13).
        • Section 76(1)(c): amended, on , by section 175(1) of the Health Practitioners Competence Assurance Act 2003 (2003 No 48).