Plain language law

New Zealand law explained for everyone

Land Transport Act 1998

Repeals, amendments to other enactments, and transitional and savings provisions

231: Savings relating to blood specimens taken under Transport Act 1962

You could also call this:

“Old blood samples from previous law still usable under new rules”

This law talks about what happens to blood samples that were taken before a new law came into effect. These samples were taken under an old law called the Transport Act 1962. Here’s what you need to know:

Any approved analyst can now test these old blood samples or finish testing them under the new law. They can also give out certificates about the test results.

The tests and certificates are still valid even if:

  • The blood sample was sent to a different kind of analyst before the new law started
  • The analysis was done by a different analyst than the one it was originally sent to
  • The person doing the test is now called an “approved analyst” instead of a “ministry analyst”

If someone asks for part of their blood sample to be sent to a private analyst, the analyst who has the sample now can handle this request and give out certificates about it.

Analysts can also give out new certificates for old blood samples if they have all the information they need. These new certificates will be treated the same as if they were signed by a ministry analyst under the old law.

This law makes sure that blood samples taken under the old rules can still be used and analysed under the new rules, without any problems.

This text is automatically generated. It might be out of date or be missing some parts. Find out more about how we do this.

This page was last updated on

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM435677.

Previous

230: Savings relating to functions of Agency, or

"Rules for keeping the Agency's old agreements and duties in place"

Next

232: Savings relating to blood specimens taken under this Act and posted in accordance with Transport Act 1962, or

"Rules for handling blood samples taken and mailed for testing"

Part 16 Repeals, amendments to other enactments, and transitional and savings provisions

231Savings relating to blood specimens taken under Transport Act 1962

  1. This section applies to blood specimens taken under section 58C or section 58D of the Transport Act 1962 before the commencement of this section.

  2. A blood specimen to which this section applies may be analysed or the analysis of that blood specimen may be completed (as the case requires) under this Act by any approved analyst.

  3. A certificate of the kind referred to in section 75(5) may, after the commencement of this section, be issued in respect of a blood specimen to which this section applies by any approved analyst.

  4. No analysis under this Act of a blood specimen to which this section applies, and no certificate issued under this Act in respect of such a blood specimen, is invalid on the ground—

  5. that the blood specimen was delivered or posted before the commencement of this section and was addressed to a ministry analyst (within the meaning of the Transport Act 1962); or
    1. that the analysis was done or completed, or the certificate was issued, by an approved analyst who was not the ministry analyst to whom the blood specimen was delivered or posted, in accordance with subsection (3) or subsection (4) of section 58F of the Transport Act 1962, before the commencement of this Act; or
      1. that the person who carried out or completed the analysis or issued the certificate is an approved analyst, regardless of whether or not that person was a ministry analyst (within the meaning of the Transport Act 1962) at the time the blood specimen was taken.

        1. If any person makes an application under section 74 for a part of a blood specimen to which this section applies to be sent to a private analyst,—

        2. the approved analyst who for the time being has custody of the blood specimen is deemed, for the purposes of section 74(5), to be the approved analyst to whom the blood specimen had been delivered or posted in accordance with subsection (3) or subsection (4) of that section; and
          1. the approved analyst having such custody may give a certificate of the kind referred to in section 75(6), and no certificate so given is invalid on the ground that it was given by an approved analyst and not by a ministry analyst (within the meaning of the Transport Act 1962).

            1. Where a certificate of the kind referred to in section 58G(1)(d) of the Transport Act 1962 has been issued for any blood specimen to which this section applies, a certificate under section 75 may, from time to time, after the commencement of this section, be issued in respect of that blood specimen by any approved analyst who has available to him or her the information that is necessary to enable that analyst to fully complete that certificate.

            2. Section 58G(1) of the Transport Act 1962 applies in respect of any certificate issued under the authority of subsection (6) as if the certificate had been signed, before the commencement of this Act, by a ministry analyst (within the meaning of the Transport Act 1962).