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Ministry of Transport v Masters - [1992] 1 NZLR 171

$30.00

High Court Wellington
8 February; 11 March 1991
Tipping J
Transport and transport licensing — Offences — Breath and blood-alcohol prosecutions — Offender lawfully required to undergo test and provided sufficient samples of breath for analysis observing all the sequence of steps required of him — Breath-testing device indicated "incomplete test" reading — Second evidential breath test administered — Whether second test lawful when first test gives incomplete test result — Whether officer can require offender to undergo successive testing sequences until device has given a completed test result — Whether an incomplete test result authorises a request for a blood specimen when evidential breath test cannot then be carried out at the relevant place — Transport Act 1962, ss 58B(4), 58C(1)(a) and 58C(1)(c) - Transport (Breath Tests) Notice (No 2) 1989, cl 10.

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