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Drink/drug driving

Drugs: Driving while affected by drugs or medicines

Driving while incapable of control because of drugs

Land Transport Act 1998, ss 12, 58(1)(a)

You’re not allowed to drive, or try to drive, while you’re under the influence of drugs so that you can’t properly control your vehicle.

For a first or second conviction, you can be imprisoned for up to three months or fined up to $4,500, and you’ll be automatically disqualified for at least six months.

Driving while “impaired” by illegal drugs or medicines

Land Transport Act 1998, ss 11A, 57A

You must not drive, or try to drive, a vehicle while:

  • you’re “impaired”, as shown by a compulsory impairment test, see below, Tests for alcohol or drug use / Drug impairment tests, and
  • your blood contains evidence of illegal drugs or prescription medicines (called “qualifying drugs” in the Land Transport Act).

For a first or second conviction, you can be imprisoned for up to three months or fined up to $4,500, and you’ll be automatically disqualified for at least six months.

“Qualifying drugs” include:

  • Class A drugs, such as heroin, LSD and methamphetamine (or “P”)
  • Class B drugs, such as amphetamines (speed), morphine and opium
  • some Class C drugs, such as cannabis and BZP (the psychoactive ingredient in most illegal “party pills”)
  • prescription medicines.

Driving after taking Class A drugs

Land Transport Act 1998, s 58(1)(b)

You’re not allowed to drive, or try to drive, if you’ve taken a Class A illegal drug (such as heroin, LSD or P), as shown by a subsequent blood test.

For a first or second conviction, you can be imprisoned for up to three months or fined up to $4,500, and you’ll be automatically disqualified for at least six months.

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Driving and traffic law

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Community Law

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Find your local Community Law Centre online: www.communitylaw.org.nz/our-law-centres/

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Waka Kotahi – New Zealand Transport Agency

Waka Kotahi’s site provides a wide range of driving and road safety information, including on topics covered in this chapter.

Website: www.nzta.govt.nz
Phone: 0800 699 000
Email: info@nzta.govt.nz

Search your question on Waka Kotahi’s resources section: www.nzta.govt.nz/resources

New Zealand Police

The New Zealand Police’s “frequently asked questions” section provides helpful information, particularly the “Driving/road safety” and “Tickets/infringements” section.

Website: www.police.govt.nz/advice-and-services/faqs

New Zealand Government

The New Zealand government website sets out more information about driving fines and penalties, including how to pay for infringement notices.

Website: www.govt.nz/browse/transport/driving-fines-and-penalties

Consumer Protection

The Consumer Protection website has useful information on a range of consumer topics, including private parking tickets and the towing and clamping of cars.

Website: www.consumerprotection.govt.nz/help-product-service/cars/parking-clamping-towing

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