�ٴ�� - Driving/road safety

What is the relevant legislation this is based on?

webadmin — Thu, 09 Feb 2023 04:27:48 +0000

The Land Transport Act 1998 - Section 64.

It says:

Section 64(1A) - It is a defence to proceedings for an offence against section 57A(1)* or (2), 57B(1)* or (2), 57C(1)* or (2), or 62(1B)* if the Court** is satisfied that the person has consumed the relevant [qualifying drug]—

in accordance with—
1. a current and valid prescription written for that person by a health practitioner; and
2. any instructions from a health practitioner or from the manufacturer of the [qualifying drug]; or
because it was administered by a health practitioner, provided that the person complied with the instructions (if any) that the health practitioner has given.

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*Offences under these sections (57A(1), 57B(1), 57C(1) & 62(1B)) are criminal charges and do not relate to infringement offences. If the offence you are alleged to have committed falls under one of these sections, you should seek professional legal advice.

**Offences under 57A(2), 57B(2) & 57C(2) are infringement offences and therefore a medical defence can be considered by the Police Infringement Bureau.

Audience:

General public

Infringement (PIB) question type:

Medical defence

What are the requirements for applying?

webadmin — Thu, 09 Feb 2023 04:26:43 +0000

You will need a current and valid prescription, and a copy of the label from the container in which the drug(s) were dispensed in.

How to apply

For a medical defence to be considered, please complete the following steps:

You can complete and submit your application online.

Alternatively, download the Medical Defence application form (PDF 141KB) and complete.

Send your application by email or post to:
Police Infringement Bureau
Email: ticket@police.govt.nz
Mail: PO Box 9147, Wellington 6141
Provide the following information with your Medical Defence application form:
1. a copy of the current and valid prescription for the qualifying drug(s) you tested positive for; and
2. a copy of the label from the container in which the qualifying drug(s) you have tested positive for were dispensed in; and
3. any other relevant information you wish to have considered.

Please note:
We are unable to assess your medical defence if insufficient information is provided or the information cannot be verified. This could result in your medical defence application being declined.

If you require further information about the process or your rights, you should seek professional legal advice.

Infringement (PIB) question type:

Medical defence

When can't you apply to Police for a medical defence?

webadmin — Thu, 09 Feb 2023 04:24:41 +0000

Police cannot consider a medical defence for any notice that has either been paid or transferred to the Fines Collection Unit of the Ministry of Justice.

Infringement (PIB) question type:

Medical defence

Who can apply for a medical defence?

webadmin — Thu, 09 Feb 2023 04:23:31 +0000

If you have received an Infringement Offence Notice (ION) following a positive blood test for a qualifying drug, you can apply for a medical defence if the drug is a medicine that has been prescribed to you.

See the list of qualifying drugs from the New Zealand Legislation website.

Infringement (PIB) question type:

Medical defence

What is a medical defence?

webadmin — Thu, 09 Feb 2023 04:19:52 +0000

A medical defence is a way for you to dispute your drug driving infringement by providing evidence that you have taken your prescription medication in accordance with your current prescription, and any instructions from a health practitioner or manufacturer.

Infringement (PIB) question type:

Medical defence

What do I need to provide to complete my traffic compliance?

webadmin — Sun, 11 Sep 2016 01:58:48 +0000

You must prove to Police that you have fixed the problem within the time allowed, for example by showing a receipt for new tyres, a warrant of fitness or updated/upgraded driver licence.

Police do not accept a test booking for driver licence compliance. For this matter to be considered you need to send an updated or upgraded copy of your driver licence to the Police Infringement Bureau.

Send evidence of compliance to the Police Infringement Bureau. All correspondence must include the infringement notice number.

Traffic compliance does not allow the infringement notice holder to continue committing the offence. It allows a certain amount of time to fix the problem rather than pay a fee or be prosecuted. Until the problem has been fixed the defective vehicle or driver licence can not be used.

Infringement (PIB) question type:

Compliance

My infringement offence notice has multiple offences recorded but one offence has compliance. What do I do?

webadmin — Sun, 11 Sep 2016 01:53:33 +0000

For offences where compliance has been offered, documentation that the offence has been rectified must be submitted to the Police Infringement Bureau before the final due date.

Documentation can be submitted via the general enquiries form or post to: Police Infringement Bureau, PO Box 9147, Wellington 6141.

All correspondence must include the infringement notice number.

Compliance cannot be actioned over the phone or at a local police station.

In addition payment of the non compliant offence must be made by the final due date either via the Police website; or alternatively at a Westpac Branch once the reminder notice has been received.

Infringement (PIB) question type:

Compliance

I was offered compliance but my infringement notice has been referred to the Ministry of Justice. What do I do?

webadmin — Sun, 11 Sep 2016 01:51:20 +0000

Once the offence is filed with the Ministry of Justice the matter is in their jurisdiction and enquiries must be directed to them.

Visit the Ministry of Justice web page on How to dispute a fine.

In some situations you can apply to the Ministry of Justice to have the matter returned to Police. You will need to ask for a 78B Application (PDF, 1.1MB) and provide evidence to support your application.

Infringement (PIB) question type:

Compliance

When are Police School Speed Zones operated?

webadmin — Fri, 09 Sep 2016 06:22:55 +0000

The Police operate School Speed Zones between 7:30 AM to 6:00 PM on a school day, or when school activities are occurring. Police School Speed Zones are not sign posted.

The Police School Speed Zones extend 250 metres either side of a school's boundaries.

For more information, check out How police enforce speed limits.

Infringement (PIB) question type:

School zones

What do you mean by safe speed camera?

webadmin — Fri, 09 Sep 2016 06:20:18 +0000

Safe speed camera is a term used for the collective of all compliance and enforcement cameras i.e. speed camera, red light camera.

Infringement (PIB) question type:

Safe speed cameras

�ٴ��� - Driving/road safety

What is the relevant legislation this is based on?

What are the requirements for applying?

How to apply

When can't you apply to Police for a medical defence?

Who can apply for a medical defence?

What is a medical defence?

What do I need to provide to complete my traffic compliance?

My infringement offence notice has multiple offences recorded but one offence has compliance. What do I do?

I was offered compliance but my infringement notice has been referred to the Ministry of Justice. What do I do?

When are Police School Speed Zones operated?

What do you mean by safe speed camera?

�ٴ�� - Driving/road safety