Ministry of Transport v Atherton - [1991] 3 NZLR 509

Transport and transport licensing — Offences — Refusing to permit blood specimen to be taken — Whether no offence can be committed under s 58E(1)(b) where s 58D(1)(b) applies and the medical officer has been requested by an enforcement officer to take a blood specimen from the suspect — Whether "may" merely permissive in the context of blood-alcohol legislation — Transport Act 1962, ss 58D(1)(b) and 58E(1)(b).