30 Aug 2018
RAYNER v NEW ZEALAND POLICE [2018] NZHC 2276
- Citation
- [2018] NZHC 2276
- Court
- High Court
The High Court found the trial Judge applied the correct objective test (reasonable and prudent driver) and that, on the accepted facts (adverse visibility, busy 100 km/h state highway, right turn across traffic), the appellant's decision to turn fell below that standard; any alleged excess consumption of clonazepam was not shown to have had a material effect on driving and did not constitute a special reason under s 81 nor engage s 94; accordingly both conviction and sentence were upheld.