Gordon Campbell | Parliament TV | Parliament Today | News Video | Crime | Employers | Housing | Immigration | Legal | Local Govt. | Maori | Welfare | Unions | Youth | Search

 


Drink-driving infringement regime lacks basic safeguard

Drink-driving infringement regime lacks fundamental safeguard


The New Zealand Law Society agrees with the Attorney-General that a provision in the Land Transport Amendment Bill is inconsistent with the right to be presumed innocent, affirmed under the Bill of Rights Act 1990.

The bill creates new infringement offences, punishable by fines and demerit points, for adults driving with a breath alcohol level of 251 – 400 micrograms/L or a blood alcohol level of 51 – 80 milligrams/100mL.

Law Society spokesperson Graeme Edgeler has told Parliament’s Transport and Industrial Relations Committee that clause 9 of the bill removes an important safeguard by denying those who receive a breath alcohol reading of 251 – 400 micrograms/L the option of a blood test.

“The Supreme Court has noted the importance of the right to a blood test, because it allows human error to be challenged and the accuracy of the scientific evidence to be tested,” he says.

“For someone who already has demerits, the consequences of an infringement notice and a further 50 demerits may be serious.”

Mr Edgeler says the reliability of evidential breathalysers is good, but not infallible.

“If someone blows just over 250mcg/L and believes they are below that level, they should be permitted to choose a blood test.”

The Law Society agrees with the Attorney-General that unless the right to choose a blood test is available, the proposed infringement regime for drivers with breath alcohol levels of 251 – 400 mcg/L would represent an unreasonable limitation on the right to be presumed innocent.

The select committee was urged to pay close attention to the Attorney-General’s report on the bill, with a view to making amendments to recognise the right to be presumed innocent.

Ends

© Scoop Media

 
 
 
 
 
Parliament Headlines | Politics Headlines | Regional Headlines

Werewolf Issue #49: Gordon Campbell Interviews Laila Harre

For 25 years, Labour and National have been in virtual agreement about the basics of economic policy, and differed mainly on how to go about managing its social consequences.

Such is the power of the economic orthodoxy that when opposition parties arise – say, in the shape of the Greens – their “credibility” is measured by the extent to which they give the appearance of learning and abiding by the ruling consensus.

The tension between the desire for change – and the inability of the current political framework to deliver it – creates openings for populists of all stripes. It is what has made the emergence of Internet Mana so interesting. More>>

 

Parliament Today:

Gordon Campbell: On National’s Electorate Deals

For all the talk yesterday from Prime Minister John Key about National being transparent about its electorate deals in Epsom and Ohariu, that transparency is entirely front-loaded. More>>

ALSO:

Greens: Oil Drilling Face-Off With Labour

The key policy points in the Green Party’s plan to protect our beaches from oil spills are to:
1. Prohibit deep sea oil drilling; 2. Implement compulsory shipping lanes for coastal shipping; 3. Build Maritime New Zealand’s oil spill response capability; and 4. Introduce a stronger legal framework so that when accidents do happen, the New Zealand taxpayer does not have to pay for the clean-up. More>>

ALSO:


Nick Smith v Fish & Game:

Minister Told Of FBI Investigation, Says INZ: Coleman Must Quit Or Be Sacked Over Dotcom Case - Harré

Immigration New Zealand has done the right thing in distancing itself from Jonathan Coleman’s claims that ministers were not aware of FBI involvement in Kim Dotcom’s residency application, says the Internet Party. More>>

ALSO:

Valedictory Season: Maori Party Founders Say Goodbye

Two major Maori MPs gave there farewell speeches to Parliament Thursday outlining their history, experiences, triumphs and regrets. More>>

ALSO:

Resignation Not Accepted: Transport Minister Breaches Aviation Security Rules

"Running late for a plane at Christchurch Airport, I without thought breached airport and airline security rules by entering the gate lounge through a door usually used for exit only..." More>>

ALSO:

TAIC Report: Urgent Recommendations After Melling Rail Accident

The Transport Accident Investigation Commission has made four urgent recommendations to KiwiRail following the accident two months ago (27 May) when a Matangi passenger train collided with a stop block at Melling Station, Lower Hutt. More>>

ALSO:

Red Tape: Local Regulations Go Under Microscope

The Government says it is accepting nearly all of the recommendations the Productivity Commission has made on ways to improve local regulations. More>>

ALSO:

Spending Questions: Claudette Hauiti To Step Aside At Election

National Party President Peter Goodfellow confirms that he has received notification from List MP Claudette Hauiti that she plans to step aside at the 20 September election. More>>

ALSO:

Get More From Scoop

 

LATEST HEADLINES

 
 
 
 
 
 
Politics
Search Scoop  
 
 
Powered by Vodafone
NZ independent news