No it is not, undertaking is illegal unless that car in the right is cearly turning right or both lanes are congested.
Its advised in the law too, & the law says two cars side-by-side at the same speed is breaking the law.
Keep left unless overtaking is law (simplified)
not "except on multi-lane roads", on multi-lane roads exceptions can be met to allow use of righthand lane but it's use other than meeting these exceptions is illegal to travel in the righthand lane
Here is the law as written. I will highlight for people the "if" that allows righthand lane use, not meeting the "if" requirements means not using the righthand lane.
Originally Posted by Road User Rule 2004
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Road User Rule
2.8 Passing on left
(1) A driver must not pass or attempt to pass on the left of another vehicle moving in the same direction except in accordance with this clause.
(2) In any case in which the movement referred to subclause (1) may be made,—
(a) the 2 vehicles must be in different lanes; or.......
Logic dictates that the exceptions noted in law must also apply to passing lanes. After all, there are definitely passing lanes with driveways and side roads on the right. I imagine that there will be a land slide from time to time as well. Maybe even a broked down truck.
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