Kiritapu Allan blew over criminal drink-drive limit on first breath test

Wednesday, 11 September 2024

Kiri Allan has pleaded guilty on the morning her trial before a judge was due to begin.

Then-Justice Minister Kiritapu Allan blew an alcohol reading within criminal levels ‒ but much of what happened on that career-ending night remains behind black police redaction ink.

Police have, under the Official Information Act (OIA), supplied a time line of events from July 23, 2023 – when Allan’s crash into a parked truck and subsequent arrest led to her resignation and put a dent in Labour’s election run.

The documents show police administered an initial breath test at 9.32pm, resulting in a reading of 400 micrograms (mcg) of alcohol per litre of breath or above. Between 251mcg and 400mcg, the penalty can only be a fine or demerit points. Above that, a driving disqualification, fine, and jail are all options.

Allan left the scene in a police car at 10.03pm – 31 minutes after the initial breath test, police documents show. The car arrived back at the central police station on Harris St in central Wellington at 10.15pm.

Former Justice Minister Kiritapu Allan blew to a criminal limit on the night that ended her political career. (File photo)

She gave her evidential breath test of 335mcg at 11.43pm – two hours and 12 minutes after the the initial reading.

Earlier, Allan was driving around Wellington harbour towards Oriental Bay when the white hatchback she was in crashed into a parked ute, damaging both vehicles. A police statement of facts shows she initially tried to move her car then walked away towards Oriental Bay, where police found her.

The police summary of facts says Allan was asked to accompany police for an evidential test but refused, saying she wanted to speak to her lawyer first.

“She was warned several times and provided ample opportunity to accompany the officer,” it said.

The damaged black ute, which was parked when hit by Allan’s car.

“She was also advised that a lawyer would be made available at a practical time and that this could be either in the police vehicle on the roadside or back at the police station.

“The defendant continued to refuse and was subsequently arrested.”

Some of the redacted Official Information Act pages from police.

Defence lawyer Michael Bott told The Post the evidential test was always done by police and a number of factors, including resourcing, could add to the delay. Someone who blew 400mcg could metabolise enough to bring them below the criminal record in two hours – but not necessarily.

The fact her evidential test came in below 400 would have been why she did not face drink-driving charges, he said.

Allan in May pleaded guilty. She was fined $300 on the careless driving charge, ordered to pay reparation of $5296 and convicted and discharged on her charge of refusing to accompany. She was previously given an infringement notice for the alcohol limit breach.

In a separate OIA response from police on Wednesday, released after multiple delays, more details came to light but much remained hidden.

Police files show a resident of Kio Bay, where Allan hit a parked car, heard a “loud crash” and went outside to see the Allan, who she recognised. She called police.

Another neighbour heard the crash.

“He went outside immediately and saw a woman inside the driver’s seat of a white vehicle in the middle of the road,” police notes record.

But copies of the police notebooks from the night have been extensively redacted.

The few sections that were not redacted show Allan asked to speak to her lawyer at 11.19pm and again at 11.32pm. It was 12.42am the next morning when she was summonsed to appear in Wellington District Court on September 4, then 12.56am am when she was released to the care of her lawyer.

Former National MP Maggie Barry in February had many details of her alleged run-in with crew on a Queenstown plane , which police attended, released under the OIA.

Allan has been approached for comment.