New Zealand Legislation: Bills
Bills are proposed Acts
The following section is inserted after section 71:
“71A Requirement to undergo compulsory impairment test
“(1) An enforcement officer may require any of the following persons to undergo a compulsory impairment test given by an enforcement officer trained to give the test if the enforcement officer has good cause to suspect that the person has consumed a drug or drugs:
“(a) a driver of, or a person attempting to drive, a motor vehicle on a road:
“(b) a person whom the officer has good cause to suspect has recently committed an offence against this Act that involves the driving of a motor vehicle:
“(c) if an accident has occurred involving a motor vehicle,—
“(i) the driver of the vehicle at the time of the accident; or
“(ii) if the enforcement officer is unable to ascertain who the driver of the motor vehicle was at the time of the accident, a person whom the officer has good cause to suspect was in the motor vehicle at the time of the accident.
“(2) An enforcement officer may require a person specified under subsection (1) to—
“(a) remain in the place where stopped, for a period of time that is reasonable in the circumstances, to undergo the compulsory impairment test; or
“(b) accompany an enforcement officer to another place to undergo the compulsory impairment test if it would enhance road safety, personal safety, the person's privacy, or the giving or taking of the test.
“(3) A person who has undergone a compulsory impairment test must remain at the place where the person underwent the test until after the result of the test is ascertained.
“(4) An enforcement officer may arrest a person without warrant if the person refuses or fails to comply with subsection (2) or (3).
“(5) An enforcement officer may exercise the powers in subsections (1) and (2) in addition to any breath screening tests under section 68 or evidential breath tests under section 69 and regardless of the outcome of any such tests.”