(1) Despite anything in any Act or rule of law, a medical practitioner or medical officer employed by an approved health authority—
(a) may, with the general or special approval of that health authority, take for statistical or research purposes, whether in the hospital at which the practitioner or officer is employed or otherwise, a blood specimen from a person who the practitioner or officer believes is in the hospital at which the practitioner or officer is employed for examination, care, or treatment as a result of an accident involving a motor vehicle:
(b) may, with the consent of a person from whom such a blood specimen may be taken under this subsection, take for such purposes a specimen of breath, saliva, urine, perspiration, or eye vapour from that person.
(2) A blood, breath, saliva, urine, perspiration, or eye vapour specimen taken under this section must be labelled that it was taken for statistical or research purposes, and evidence as to the proportion of alcohol or of a drug found in that specimen is not admissible in any civil or criminal proceedings in any court or in proceedings before a person acting judicially.
(2A) A constable or Police employee may, for research purposes, examine a breath specimen taken under section 68 or a blood specimen taken under section 72 or 73 to determine the alcohol level of any driver involved in a serious injury or fatal accident who the constable or Police employee believes has been drinking.
(2B) If the breath screening test of the breath specimen examined under subsection (2A) produces a result between 250 micrograms and 400 micrograms of alcohol per litre of breath (both measures inclusive), the constable or Police employee (as the case may be) must forward the result and the relevant crash report to the Secretary.
(2C) If the blood test of the blood specimen examined under subsection (2A) produces a result between 50 milligrams of alcohol per 100 millilitres of blood and 80 milligrams of alcohol per 100 millilitres of blood (both measures inclusive), the enforcement officer must forward the result and the relevant crash report to the Secretary.
(3) Subsections (5) and (6) of section 73 apply to every blood, breath, saliva, urine, perspiration, or eye vapour specimen taken under this section as if the specimen had been taken under that section.
(4) For the purposes of this section, a person acting judicially means any person having in New Zealand by law authority to hear, receive, and examine evidence.
Compare: 1962 No 135 s 58J
Section 209(1): amended, on 18 September 2004, by section 175(1) of the Health Practitioners Competence Assurance Act 2003 (2003 No 48).
Section 209(2): amended, on 1 August 2007, by section 216 of the Evidence Act 2006 (2006 No 69).
Section 209(2A): inserted, on 7 August 2011, by section 91 of the Land Transport (Road Safety and Other Matters) Amendment Act 2011 (2011 No 13).
Section 209(2B): inserted, on 7 August 2011, by section 91 of the Land Transport (Road Safety and Other Matters) Amendment Act 2011 (2011 No 13).
Section 209(2C): inserted, on 7 August 2011, by section 91 of the Land Transport (Road Safety and Other Matters) Amendment Act 2011 (2011 No 13).
Section 209(4): added, on 1 August 2007, by section 216 of the Evidence Act 2006 (2006 No 69).