Plain language law

New Zealand law explained for everyone

Land Transport Act 1998

Land transport secondary legislation - Regulations

167AAA: Setting or amending high-risk and tolerance blood concentration levels for drug-driving offences

You could also call this:

“Setting rules for drug levels in driving offences”

The Governor-General can change the rules about drug-driving offences. They can do this by adding new drugs to a list or changing the levels of drugs that are already on the list. These levels are called ‘high-risk’ and ‘tolerance’ levels.

Before making these changes, the Minister and the Minister of Police need to do a few things. They must ask experts for advice about the drugs and what levels should be set. They also need to tell people about the changes they want to make by putting a notice in the Gazette and other places. They have to give people time to share their thoughts about the changes.

The Minister can also ask experts for advice on other things they think are important. If the name of a drug needs to be changed to match what it’s called in another law, the Governor-General can do that too.

When these changes are made, they become part of the law, but they need to be confirmed by an Act of Parliament. This means that other politicians need to agree with the changes.

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 It might be out of date or be missing some parts.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=LMS835463.

Previous

167: Regulations, or

"Rules for land transport in New Zealand"

Next

167AAB: Ministers may appoint independent experts for purposes of section 167AAA, or

"Ministers can ask experts for advice about drug levels and driving safety"

Part 11 Land transport secondary legislation
Regulations

167AAASetting or amending high-risk and tolerance blood concentration levels for drug-driving offences

  1. The Governor-General may, by Order in Council, in accordance with a recommendation of the Minister and the Minister of Police, amend Schedule 5 by doing any 1 or more of the following:

  2. adding the name of a qualifying drug to Part 1 of Schedule 5 and specifying a high-risk level for the drug:
    1. adding the name of a qualifying drug to Part 2 of Schedule 5 and specifying a tolerance level for the drug:
      1. amending any high-risk level or tolerance level specified in Schedule 5 for a qualifying drug.

        1. A high-risk level for a qualifying drug—

        2. may be specified only if a tolerance level is specified for the drug; and
          1. may be the same as the tolerance level for the drug.

            1. Before making a recommendation under subsection (1), the Ministers must, in respect of each qualifying drug referred to in the proposed order,—

            2. seek and consider independent advice from independent experts appointed under section 167AAB on—
              1. the specific effects of each drug referred to in the proposed order; and
                1. the appropriate high-risk level for each drug referred to in any proposed amendment to Part 1 of Schedule 5; and
                  1. the appropriate tolerance level for each drug referred to in any proposed amendment to Part 2 of Schedule 5; and
                  2. publish a notice in the Gazette and any other media the Ministers consider appropriate of their intention to recommend the making of the Order in Council; and
                    1. give interested persons a reasonable time, which must be specified in the notice published under paragraph (b), to make submissions on the proposed order; and
                      1. consult the persons, representative groups, government departments, and Crown entities that the Ministers consider reasonable and appropriate to consult in the circumstances.

                        1. The Minister may seek and consider independent advice from independent experts appointed under section 167AAB on any other matter the Minister considers appropriate before making a recommendation under subsection (1).

                        2. The Governor-General may, by Order in Council, amend the name or description of any qualifying drug named or described in Schedule 5, if the amendment is necessary for the purpose of rendering that name or description consistent with the name or description of the qualifying drug in the Misuse of Drugs Act 1975.

                        3. An Order in Council made under this section—

                        4. is secondary legislation (see Part 3 of the Legislation Act 2019 for publication requirements); and
                          1. if made under subsection (1), must be confirmed by an Act (see subpart 3 of Part 5 of the Legislation Act 2019).

                            Notes
                            • Section 167AAA: inserted, on , by section 37 of the Land Transport (Drug Driving) Amendment Act 2022 (2022 No 5).