driving. We will be able to come up with a more comprehensive set of
solutions than this bill offers. So
we oppose this bill. I call the
Hon Meka Whaitiri. Thank you. I'm
happy to take a call on the Land Transport
(Random Oral Fluid
to take a call on the Land Transport (Random Oral Fluid Testing)
Amendment Bill. Like this side
of the House we take
drug harm seriously on our road, as we do
in our workplaces but Labour, as
my colleagues have outlined, clearly
opposes this bill. There is
a couple of reasons I also want to touch on,
particularly the findings of the
tees to this bill. One under section 21 where he subjects
the member's bill to the section 21
of the Bill of Rights Act in terms of its right
to be secure against unreasonable
search and seizure. The
requirement to undergo one or more compulsory random oral
fluid tests, as this bill is purporting to,
do is inconsistent with section 21
of the Bill of Rights Act. The
ability or arbitrary detention nature of this bill in
terms of pulling people aside on the side of
the road to test them
and the
bill is disproportionate and may lead to a warrantless arrest if
the person fails to comply, so therefore
in the
person fails to comply, so therefore
fails section 22 of the Bill of Rights Act. He also goes on
to say that section 25C of the Bill of
Rights Act that this bill
does not meet.
Rights Act that this bill does not meet. To the member, Mr Alastair
Scott, the local
member for Wairarapa, which is part of my
electorate of
Wairarapa, which is part of my
too, on this side of the House, take the drug harm in terms of
the drug harm in terms of
influencing driving seriously and as
influencing driving seriously and as
outlined our ministers of police
and the Associate Minister of
Transport, the Hon Julie Anne Genter, have got
a comprehensive programme to
address the issues
a comprehensive programme to address
particular bill is trying to address. What I want
to say, Madam Speaker, in the proposer's opening
address, he talked
about some findings or some evidence for why we
needed to address the changes in the
bill but one particular part he
talks about was the new regime,
the actual Land Transport Act was
implemented in 2009 and I understand
implemented in 2009 and I understand
that some of the evidence that Mr
Scott alluded to was in 2009
and it begs
Scott alluded to was in 2009 and it that
Scott alluded to was in 2009 and it begs the question that if the
issues around those pulled over or those
dying
around those pulled over or those
roads versus alcohol was identified in 2009, then it begs the question
then why didn't the Government
of the day address it then. Actually,
what that Government at that
time said was the Land Transport Act,
as it was stated in 2009,
actually adequately addressed the issue of
therefore Mr Scott might want to, in his reply, answer why the Government
in 2009 didn't address this
outstanding issue
outstanding issue that he's in
outstanding issue that he's identified through this bill. Like
I said, this side of the House has a
comprehensive work
comprehensive work programme to address and enable our police
officers the due tools and
technology to ensure that
we are employing our police officers in
the right areas and until we can
get adequate technology to
address drug driving, which the Land
Transport Act currently addresses in the tools
that it gives our police people and
personnel, it is something
that hasn't quite
hasn't quite been defined by the member in terms of what this
bill is trying to address. The
reasons why have been laid out, not just
in the
the Bill of Rights but also its impracticality in terms of the
integrity of the testing regime and
whether standing people
on the side of the road
for three to five minutes while we are running a test
is actually practical is
yet to be explored and to be accepted on
this side of the House. Therefore, it
is clear that the coalition
Government has made it really clear and the
Labour Party's made itself clear, we
will be opposing this bill.
Alastair Scott, you have five minutes in reply. Madam Speaker, the
Government says they care
minutes in reply. Madam Speaker, the
caring and they are kind. The PM talks about being caring and kind. I
agree with the sentiment but it
is all very well talking about caring
for people but it is another
thing about doing something about it.
Unfortunately this Government does