Court of Appeal Wellington
5 July; 27 September 1995
Eichelbaum CJ, Hardie Boys and Thorp JJ
5 July; 27 September 1995
Eichelbaum CJ, Hardie Boys and Thorp JJ
Transport and transport licensing — Offences — Breath and blood-alcohol prosecutions — Determination by medical examination that person unfit to drink and drive — Whether negative breath-screening test conclusive — Whether requirement to take blood sample on request — Whether failure to take blood sample deprived appellant of right to adequate facilities to prepare defence and the right to present a defence at trial — New Zealand Bill of Rights Act 1990, ss 24(d) and 25(e) — Transport Act 1962, ss 58(1)(e) and 58C(1)(d)(i) .
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