Question:

New Zealand's escalating death rate on the roads is causing concern to parents, politicians and government authorities alike. It is one of the highest in the developed world. In particular, the death toll is high amongst young male and women drivers aged 16-23, their innocent passengers and pedestrians. Members of Parliament are talking about the Government passing a law which would raise the driving age. In addition, they want to prohibit the use of party pills and other drugs bought legally over the counter which are said to affect one's driving abilities and, when mixed with alcohol, are a lethal combination.

Statistics show that most young male drivers are drinkers and/or party pill takers. Research indicates that the majority of those involved in serious accidents are males under the age of 23 years and that the accidents usually happen after parties late at night and/or in the early hours of the morning. After a high-profile incident involving two deaths and serious injuries to innocent members of the public, the Government decides that it is time to answer the public's demand for action. The Government intends to make it an imprisonable offence for any male under the age of 23 years to drive a motor vehicle between the hours of 11pm and 5am, and to receive a harsher and longer sentence if they have taken any drink or drugs. A press conference is held by the Minister of Transport at which this proposal is announced.

Zachary is a 20 year old university student who is paying his own way through his B.Com degree as he does not wish to incur the burden of student debt. He works late several nights of the week at his part time jobs, demonstrating vacuum cleaners or delivering pizzas. Zachary hears the Minister of Transport's press conference on the radio and is outraged to learn that the Government is proposing to make it an imprisonable offence for any male under the age of 23 years to drive between 11pm and 5am.

"This amounts to a curfew," Zachary fumes. "This new law is sexist and ageist. There is no way they can pass this law!"

Discuss whether Zachary is correct.

In your answer, include discussion on howsuch a new offence might (practically) be created; and whethersuch an offence could in fact be introduced (given Zachary's concerns). Ensure that you "cite" (refer to) relevant legal principles/sources.