Ministry of Transport v Gilbert - [1990] 3 NZLR 629

Transport and transport licensing — Offences — Breath and blood alcohol prosecutions — Evidential breath test — Validity of notice — Transport (Breath Tests) Notice (No 2) 1989 prescribed procedure for use of Intoxilyzer R5000 Breath Analysis Instrument — Notice instructed enforcement officer to follow testing sequence shown on display panel on device — Notice omitted minor steps to be taken by officer — Whether notice was ultra vires Minister — Whether notice was bad for uncertainty — Transport Act 1962, ss 57A and 58(1)(a).