19 Dec 2018
BLAIR v NEW ZEALAND POLICE [2018] NZCA 613
- Citation
- [2018] NZCA 613
- Court
- Court of Appeal
Leave was refused because the appeal did not raise a matter of general or public importance and there was no real risk of miscarriage: the Act makes the EBT result determinative unless rebutted or a blood test elected, the applicant failed to provide evidence that mouth gel caused the excess or to elect a blood test, and there was no legal basis to construe "breath" as requiring alveolar breath for the statutory EBT process.