Kyanar:joker97: the law is open to intepretation and needs to be tested
It's not really open to interpretation at all. It quite clearly says you can make a phone call if you're stuck in abnormal traffic flow. That's it. You can't text, take photos, use the GPS, play Angry Birds, or browse the internet. The NZTA website is quite frankly wrong in that FAQ - if you take it to court it will be the actual law that they use to determine who's in the right, and "ignorance is no excuse" (even if you're ignorant of the law because NZTA are ignorant of it).
I haven't read this entire thread but if it DOESN'T say you CAN'T do x, y or z but simply omits x, y and z then there does seem to be room for interpretation and it should be tested.
It's ordinarily not OK to make a phone call in a car, but in this instance assume it is OK. Logically if it is OK to make a phone call on a phone in this situation, why is it not OK to perform another function (that is not normally allowed) on the phone?
Also, whilst ignorance is no excuse, the NZTA are a government department that is charged with (among other things) promoting safe transport. If they are giving the public information that is contrary to what the law requires, I would expect a judge to take that fact into consideration. And if that is the case and their information is incorrect, it would seem to show that there is in fact some room for interpretation (as they must have interpreted it incorrectly).
(I don't know the particular laws in this case so I don't know how they are worded, but playing devil's advocate)