The Queen v Lyndell Malcolm Deam

[2002] NZCA 201

IN THE COURT OF APPEAL OF NEW ZEALAND CA186/02

THE QUEEN

V

LYNDELL MALCOLM DEAM

Hearing:	19 August 2002
Coram:	Blanchard J Tipping J Glazebrook J
Appearances:	W M Johnson for Applicant B J Horsley for Crown
Judgment:	19 August 2002

JUDGMENT OF THE COURT DELIVERED BY BLANCHARD J

1. Leave to appeal is granted on the following questions of law:

2. Is there an obligation on an enforcement officer on requesting an evidential breath test to advise the suspect that the suspect is required to comply with the request without delay?

3. Does the failure to so advise a suspect preclude the exercise of the power to require the suspect to undergo a blood test pursuant to s72(1) of the Land Transport Act 1998?

Solicitors:

Crown Law Office, Wellington