Transport Ministry v Markland Auckland City Council v Mahakitau - [1977] 1 NZLR 11

Transport and transport licensing — Offences — Driving under the influence of alcohol — Device approved for breath testing under the Breath Tests Notice 1971 (SR 1971/92) - Evidence of officer of label on container sufficient identification of device.

Practice — Appeals to Court of Appeal — Findings of fact — Court has same power to adjudicate as the Supreme Court has on appeal from the Magistrate's Court — Summary Proceedings Act 1957, s 144(4).