Police v Simmons - [1978] 1 NZLR 435

Transport and transport licensing — Offences — Causing bodily injury or death by carelessly using a motor vehicle — Sealed shoulder to left of normal carriageway — Vehicle travelling on shoulder colliding with stationary unlit vehicle thereon killing driver thereof — Shoulder part of the roadway — No legislation controlling its use — Death not caused by careless use — Transport Act 1962, s 56(1).