Off-road drivers to face new curb

By KEVIN TAYLOR

Police will have the powers to charge drivers with dangerous or reckless driving anywhere, including private property, under an unannounced change in planned legislation.

Four-wheel-drive enthusiasts say the "draconian" move - not revealed when the Transport Amendment Bill was tabled in Parliament last month - will threaten their freedom.

But police say it will give them the power to prosecute drivers using the most appropriate charge and farmers are also keen on the idea.

Under the change, the Transport Act sections on dangerous and reckless driving will be amended so the words "on a road" are removed.

The charges of careless and dangerous driving causing injury or death are also changing so they can occur on or off roads.

John Sutton, legal adviser at the Police Commissioner's office, said the change came after several incidents, including one in January 2002 on a Christchurch berry farm where five people were injured when a car hit a picnic table.

"There have been a number of incidents where we have been thwarted in laying the right charge," he said.

"It's had to be something like manslaughter - which is a pretty daunting thing for someone who's killed someone in a moment of carelessness."

But New Zealand 4WD Association president Andy Cockroft said the changes appeared draconian.

"It raises concerns not only for us, but for people using vehicles on private property or a closed road for a motorsport event.


"A vehicle taking part in even something like a mud plug - showering people with mud - could potentially be affected."

Auckland Four Wheel Drive Club spokesman Peter Vahry had not heard of the clause but said the club would be concerned.

"I guess it's another one of our freedoms being eroded. It potentially opens up another avenue for prosecution."

The bill is before a select committee and Mr Cockroft said he would seek to make a late submission.

Federated Farmers policy analyst Gavin Forrest said farmers supported the rule change, which would mean reckless driving could be an offence in carparks - even those privately owned - and on driveways.

Roads already have a wide definition under current law - including a motorway, beach, bridge, culvert, ford and any other place to which the public has access.

National MP Nick Smith questioned how the changes would affect motorsport events.

"The way I read it, it will certainly pick up the four-wheel-drive clubs, the farmer, the recreationalist off-road. The question is whether it's also going to pick up the Rally of New Zealand-type events."