A police error has resulted in Pua Magasiva having the incorrect charge information filed against him in court.
The Shortland Street actor and NZME radio host appeared in the North Shore District Court this morning charged with drink driving.
A charge sheet - an official court document relied on by media for details of police allegations against an accused - stated Magasiva underwent a "blood" alcohol test after being stopped by police on October 31.
The document alleged he had 596 milligrams of alcohol per 100 milligrams of blood in his system. The legal blood alcohol limit is 50 milligrams.
However police have confirmed that Magasiva's reading was breath alcohol, not blood alcohol.
The charge is under section 56(1) of the Land Transport Act. An offence under this section is committed where the proportion of the alcohol in the person's breath exceeds 400 mcg of alcohol per litre of breath. Magasiva's breath-alcohol reading was 169 micrograms above the prescribed limit.
Police confirmed the error this afternoon and clarified the charge.
They said the charge sheet was "entered incorrectly recording it as a blood limit rather than a breath limit".
The officer in charge had made a note on Magasiva's file for the prosecutor to amend the charge from blood alcohol to breath alcohol.
The charge sheet provided to the Herald was not amended before Magasiva appeared.
The error is expected to be resolved as soon as possible.
Magasiva, a host on NZME's Flava radio station, issued a statement to the Herald after his court appearance.
"Firstly I would like to acknowledge the mistake and error in judgement in making the decision to drive under the influence," he said.
"I am so fortunate that no one was injured as a result."
Magasiva said there were "no excuses" for his behaviour.
"I fully own up to my mistake and accept the consequences of my actions.
"I am sincerely sorry for putting my family, especially my daughter and my employers and sponsors in this position.
"I know I have let them down. I am sincerely grateful for their support and thankful they have accepted my apologies."
Magasiva said he was "currently seeking assistance and making every effort to ensure this never happens again".
He has not entered a plea and will reappear in court in two weeks.
