136 Time for instituting proceedings

(1)

In proceedings for a category 1 or 2 offence against this Act, the court may dismiss the charge if satisfied that the person charged has been prejudiced in the person’s defence by any unreasonable delay in instituting the proceedings or in notifying the person of the time, place, and nature of the offence.

(2)

If a delay in instituting the proceedings has been caused by a change in the address of the defendant, the delay is not an unreasonable delay for the purposes of this section.

(3)

Section 25 of the Criminal Procedure Act 2011 does not apply to a prosecution for—

(a)

an offence against—

(i)

section 32 that involves driving while disqualified or contrary to the conditions of a licence, an alcohol interlock licence, a zero alcohol licence, or a limited licence; or

(ii)

section 44 that involves giving information that the person knows to be false or misleading; or

(b)

an offence against this Act concerning—

(i)

work time under subpart 1 of Part 6B; or

(ii)

logbooks under subpart 2 of Part 6B; or

(iia)

the chain of responsibility under Part 6C; or

(iii)

the issue of installation certificates and inspection certificates for alternative fuel systems.

Compare: 1962 No 135 s 195

Section 136(1): amended, on 1 July 2013, by section 413 of the Criminal Procedure Act 2011 (2011 No 81).

Section 136(3): amended, on 1 July 2013, by section 413 of the Criminal Procedure Act 2011 (2011 No 81).

Section 136(3)(a): substituted, on 10 May 2011, by section 74(1) of the Land Transport (Road Safety and Other Matters) Amendment Act 2011 (2011 No 13).

Section 136(3)(b): substituted, on 1 October 2007, by section 72 of the Land Transport Amendment Act 2005 (2005 No 77).

Section 136(3)(b)(iia): inserted, on 10 May 2011, by section 74(2) of the Land Transport (Road Safety and Other Matters) Amendment Act 2011 (2011 No 13).