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Land Transport Act 1998

Miscellaneous provisions

209: Taking of blood specimens for statistical or research purposes

You could also call this:

“Rules for collecting samples from car accident patients for research”

This law is about taking samples from people who are in the hospital because of a car accident. A health practitioner or medical officer who works for an approved health authority can take these samples. They can take blood samples for research or to gather statistics, but they need approval from the health authority first. They can also take samples of breath, spit, urine, sweat, or eye moisture if the person agrees.

When they take these samples, they have to label them as being for research or statistics. The information about how much alcohol or drugs are in the samples can’t be used in court or in front of someone who is acting like a judge.

The law also says that some rules about how to handle these samples are the same as the rules for other kinds of samples. These rules are in another part of the law called section 73.

The law explains that a “person acting judicially” means anyone in New Zealand who is allowed by law to listen to, receive, and look at evidence.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM435639.

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Part 15 Miscellaneous provisions

209Taking of blood specimens for statistical or research purposes

  1. Despite anything in any Act or rule of law, a health practitioner or medical officer employed by an approved health authority—

  2. may, with the general or special approval of that health authority, take for statistical or research purposes, whether in the hospital at which the practitioner or officer is employed or otherwise, a blood specimen from a person who the practitioner or officer believes is in the hospital at which the practitioner or officer is employed for examination, care, or treatment as a result of an accident involving a motor vehicle:
    1. may, with the consent of a person from whom such a blood specimen may be taken under this subsection, take for such purposes a specimen of breath, oral fluid, urine, perspiration, or eye vapour from that person.

      1. A blood, breath, oral fluid, urine, perspiration, or eye vapour specimen taken under this section must be labelled that it was taken for statistical or research purposes, and evidence as to the proportion of alcohol or of a drug found in that specimen is not admissible in any civil or criminal proceedings in any court or in proceedings before a person acting judicially.

      2. Repealed

      3. Repealed

      4. Repealed

      5. Subsections (5) and (6) of section 73 apply to every blood, breath, oral fluid, urine, perspiration, or eye vapour specimen taken under this section as if the specimen had been taken under that section.

      6. For the purposes of this section, a person acting judicially means any person having in New Zealand by law authority to hear, receive, and examine evidence.

      Compare
      Notes
      • Section 209(1): amended, on , by section 20 of the Land Transport Amendment Act 2016 (2016 No 77).
      • Section 209(1): amended, on , by section 175(1) of the Health Practitioners Competence Assurance Act 2003 (2003 No 48).
      • Section 209(1)(b): amended, on , by section 38 of the Land Transport (Drug Driving) Amendment Act 2022 (2022 No 5).
      • Section 209(2): amended, on , by section 38 of the Land Transport (Drug Driving) Amendment Act 2022 (2022 No 5).
      • Section 209(2): amended, on , by section 216 of the Evidence Act 2006 (2006 No 69).
      • Section 209(2A): repealed, on , by section 15 of the Land Transport Amendment Act (No 2) 2014 (2014 No 57).
      • Section 209(2B): repealed, on , by section 15 of the Land Transport Amendment Act (No 2) 2014 (2014 No 57).
      • Section 209(2C): repealed, on , by section 15 of the Land Transport Amendment Act (No 2) 2014 (2014 No 57).
      • Section 209(3): amended, on , by section 38 of the Land Transport (Drug Driving) Amendment Act 2022 (2022 No 5).
      • Section 209(4): added, on , by section 216 of the Evidence Act 2006 (2006 No 69).