A bill to crack down on street racers by seizing and impounding their vehicles breaches the Bill of Rights Act, Attorney General Margaret Wilson says.
The Government's Land Transport (Street and Illegal Drag Racing) Amendment Bill follows the shooting of a man recently at an illegal south Auckland drag racing meeting and deaths during drag races.
It gives police the power to confiscate vehicles on the roadside and the courts to impose harsher fines.
But Ms Wilson's examination of the bill has found it is "inconsistent" with the Bill of Rights Act.
Ms Wilson's report said there was no rational connection between the objective, deterring "boy racer" behaviour, and the power to seize and impound vehicles for 28 days. Nor was the power to seize proportionate to the objective.
" ... Impoundment of a vehicle does not legally prevent a person from continuing to drive; it merely takes away access to one of the possible instruments with which they are able to do it."
Mr Cosgrove yesterday was "relaxed" about Ms Wilson's findings and confident the bill would pass.
"I've never pushed for this bill to be rammed through ... I want it at a select committee so we can examine all these issues," he said.
- NZPA
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