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

'Tea Break Bill' Passes: Gordon Campbell On Bad Labour Laws And Poor Safety

By co-incidence, one of the prime dangers of the government’s new employment relations law has been underlined by the release of the death and injury statistics among workers at New Zealand ports. These are highly profitable enterprises for the port owners.

The Port of Tauranga for instance, is expecting its current full-year profit to be between $78 million and $83 million and other ports are enjoying similar boom times – but they are also highly dangerous places for the people who work on or around the port premises. At the Port of Tauranga, there have been 26 serious accidents since 2011, and two deaths. More>>

 

Parliament Today:

No Charges: Outcome Of Operation Clover Investigation

Police have completed a multi-agency investigation, Operation Clover, into the activities of a group calling themselves “The Roast Busters”. The 12 month enquiry focused on incidents involving allegations of sexual offending against a number of girls in the Waitemata Police district and wider Auckland area... More>>

ALSO:

UNICEF Report: NZ Cautioned On "Stagnating" Child Poverty

An international report by UNICEF has found that child poverty rates in New Zealand have barely changed since 2008, despite similar sized countries significantly reducing child poverty during the recent recession. More>>

ALSO:

Funding Report: Two Pathways For Transport In Auckland

Commissioned by Auckland Council, the group was asked to investigate two possible pathways for raising $300 million per year ($12 billion over 30 years) to pay for the improvements needed to help fix Auckland’s transport system. More>>

ALSO:

Pay Equity: Equal Pay Win In Court Of Appeal

CTU: The Court of Appeal has made a historic decision paving the way for a substantial equal pay claim for aged care workers. More>>

ALSO:

Gordon Campbell: On The TPP Finishing Line, And Amazon’s Woes

If the Trans Pacific Partnership trade deal wasn’t such a serious matter, this would be pretty funny… More>>

ALSO:

TV3 Video: Three Die On Roads Over Labour Weekend

The official holiday period ended at 6am Tuesday, with three deaths on the roads during the Labour Day weekend. More>>

Employment Relations Bill: Govt Strains To Get Tea Break Law Through

The Government has been left with egg on its face - failing to get its much-vaunted, but hugely unpopular, meal break law passed in the first week of its new term, Labour spokesperson on Labour Issues Andrew Little says. More>>

ALSO:

Guns: Police Association Call To Arm Police Full Time

"The new minister gave his view, that Police do not need to be armed, while standing on the forecourt of parliament. The dark irony was that the interview followed immediately after breaking news of a gunman running amok in the Canadian parliament in Ottawa..." More>>

ALSO:

Get More From Scoop

 

LATEST HEADLINES

 
 
 
 
 
 
 
 
Politics
Search Scoop  
 
 
Powered by Vodafone
NZ independent news