Aalders v Ministry of Transport - [1989] 1 NZLR 372

Transport and transport licensing — Offences — Breath and blood alcohol prosecutions — Refusing to accompany enforcement officer and refusing to permit specimen of blood to be taken — Offender was in a motor vehicle which was involved in an accident and he was evasive about identity of driver — Officer required offender to accompany him and subsequently to provide blood specimen — Offender refused claiming he was not the driver — Whether objective or subjective test to be applied to officer's efforts and conclusions about identity of driver — Whether officer gave offender incorrect, misleading or incomplete information — Whether offender's belief that he was not obliged to comply with officer's requirements was a defence — Transport Act 1962, ss 58A(2)(b), 58A(3), 58B(1) and 58C(1) (prior to amendment by Transport Amendment Act (No 2) 1988).