Joyce Steven: Land Transport Amendment Bill (No 4) — In Committee 
Joyce Steven: Land Transport Amendment Bill (No 4) — In Committee 
[Volume:655;Page:4476] 
Hon STEVEN JOYCE (Minister of Transport) 
: 
 I rise to take a short call on the Land Transport Amendment Bill (No 4) and again I would like to thank my erstwhile assistant the Hon Trevor Mallard who is perhaps almost a relative now in terms of how much assistance he has offered. 
I just clarify very clearly that this research can be used for road safety purposes only. The sorts of things we are looking for literally are statistical analyses of the sorts of drugs that are involved. The research will be broken out in terms of geography age the time of week and those sorts of things. This will assist the officials and the road safety community to work out where to target their advertising and their road safety measures. It has to be completely anonymous. We could not go down to the level of one bloke in Stratford or wherever else it may be. I stress that the amount of information we have at the moment is limited to that on deceased drivers only and we strongly suspect that that skews the numbers one way or the other. We could be looking at a far bigger problem than there appears to be on the basis of that information or we could be dealing with a smaller problem or we may need to focus on other areas. But until we have that statistical work we will not do that. Again I say we will be very careful to retain anonymity and it is about road safety purposes only. Thank you Mr Chairperson. 
The question was put that the following amendments in the name of the Hon Steven Joyce to Part 1 be agreed to: 
to insert the following new clauses: 
6AContravention of section 12 
Section 58 is amended by repealing subsection (1) and substituting the following subsections: 
“(1)A person commits an offence if the person drives or attempts to drive a motor vehicle on a road— 
“(a)while under the influence of drink or a drug or both to such an extent as to be incapable of having proper control of the vehicle; or 
“(b)if the person’s blood as ascertained from an analysis of a blood specimen subsequently taken under section 73 contains evidence of the use of a controlled drug specified in Schedule 1 (except thalidomide) of the Misuse of Drugs Act 1975. 
“(1A) To avoid doubt subsection (1)(b) does not limit subsection (1)(a).” 
7BPerson in charge of motor vehicle causing injury or death 
Section 61 is amended by repealing subsection (2) and substituting the following subsections: 
“(2)A person commits an indictable offence if the person is in charge of a motor vehicle and causes bodily injury to or the death of a person— 
“(a)while under the influence of drink or a drug or both to such an extent as to be incapable of having proper control of the vehicle; or 
“(b)if the blood of the person in charge as ascertained from an analysis of a blood specimen subsequently taken under section 73 contains evidence of the use of a controlled drug specified in Schedule 1 (except thalidomide) of the Misuse of Drugs Act 1975. 
“(2A) To avoid doubt subsection (2)(b) does not limit subsection (2)(a).” 
to omit clause 8 and substitute the following new clause: 
8Causing injury or death in circumstances to which section 61 does not apply 
Section 62 is amended by repealing subsection (1) and substituting the following subsections: 
“(1)A person commits an indictable offence if the person causes bodily injury to or the death of a person by carelessly driving a motor vehicle (in a manner that is not an offence against section 61)— 
“(a)while under the influence of drink or a drug or both; or 
“(b)if the blood of the person driving as ascertained from an analysis of a blood specimen subsequently taken under section 73 contain evidence of the use of a controlled drug specified in Schedule 1 (except thalidomide) of the Misuse of Drugs Act 1975. 
“(1A) To avoid doubt subsection (1)(b) does not limit subsection (1)(a). 
“(1B) A person commits an indictable offence if— 
“(a)the person causes bodily injury to or the death of a person by driving or attempting to drive a motor vehicle; and 
“(b)the person does not complete a compulsory impairment test in a manner satisfactory to an enforcement officer who is trained to give the test when required to do so by an enforcement officer under section 71A; and 
“(c)the person’s blood as ascertained from an analysis of a blood specimen subsequently taken under section 72 or 73 contains evidence of the use of— 
“(i)a controlled drug; or 
“(ii)any prescription medicine.” 
Section 62(2) is amended by inserting “or (1A)” after “subsection (1)”. 
to add to clause 10 the following new subsection: 
“(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.” 
to add to clause 11(2) the following new subsections: 
“(1B) Subsection (1)(e) applies regardless of whether the person has failed any breath screening tests under section 68 or evidential breath tests under section 69 and regardless of the outcome of any such tests. 
“(1C) 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.” 
Amendments agreed to. 
The CHAIRPERSON (Eric Roy) 
: Trevor Mallard has withdrawn Supplementary Order Papers 24 and 26 in his name which he is entitled to do under Speaker’s ruling 114/5. 
The question was put that the amendment set out on Supplementary Order Paper 25 in the name of Te Ururoa Flavell to clause 17 be agreed to.