Hon Simeon Brown
Minister of Transport

The Government has introduced legislation that will enable roadside drug testing as part of our commitment to improve road safety, Transport Minister Simeon Brown says.

“Alcohol and drugs are the number one contributing factor in fatal road crashes in New Zealand. In 2022, alcohol and drugs were contributors to 200 fatal crashes on our roads. Despite this, Police currently have no way to undertake saliva testing for drugs at the roadside, and only 26 per cent of drivers think they are likely to be caught while driving under the influence of drugs.

“Although the previous government passed legislation to roll out roadside drug testing two years ago, progress stalled. Their legislation was flawed and unworkable and would have required oral fluid tests to meet evidentiary standards instead of simply being used as screening devices.

“Our Government is delivering where the previous government failed. We are enabling oral fluid testing at the roadside for screening purposes so that Police can procure the drug testing devices needed to crack down on drug driving.

“Oral fluid testing is common overseas and is an easy way to screen for drugs at the roadside. Our approach will bring New Zealand in line with Australian legislation and will remove unnecessary barriers that have prevented Police from taking action to remove drugged drivers from our roads. Our legislation will empower Police to randomly screen drivers for drugs, similar to how drink-driving is enforced.

“Drivers who refuse to undergo oral fluid testing will be issued with an immediate infringement notice and be prohibited from driving for 12 hours to reduce the risk of tragic drugged driving outcomes.

“Finding more effective ways to target drugged drivers underlines this Government’s commitment to road safety. Our Government Policy Statement on land transport 2024 outlines our expectation that Police undertake 50,000 oral fluid tests per year once the roadside drug testing regime is rolled out.

“Our approach takes a much harder line on the causes of death and serious injury on our roads. We will do this by ensuring that motorists are safer and that people impaired by drugs think twice before getting behind the wheel.”

The Land Transport (Drug Driving) Amendment Bill will be sent to the Transport and Infrastructure Select Committee for consideration after its first reading this week.

The difference in approach:

• Legislation passed by the previous government in 2022 enabled oral fluid testing (OFT) at the roadside for evidentiary purposes. Police have been unable to procure an OFT device suitable for evidentiary purposes.
• Legislation to be introduced this year will enable OFT at the roadside for screening purposes. Drivers who return a positive screening result will have an oral fluid sample sent for evidential laboratory testing. If that test confirms the presence of any specified qualifying drug at a level that indicates recent use, those drivers will be issued an infringement fee and demerit points.
• Drivers who return two positive results at the roadside will immediately be prohibited from driving for 12 hours. Drivers who refuse to take a screening test will be issued with an infringement fee and demerit points at the roadside and be prohibited from driving for 12 hours.

Specified drugs:

• The roadside screening and laboratory tests will be used to detect drugs specified in a notice issued by the Minister of Police. The drugs tested in the laboratory will come from a list of impairing drugs included in the Land Transport Act on the advice of an independent expert panel.

Costs of implementation:

• The costs of implementing the new oral fluid screening regime will be met through the National Land Transport Fund.

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