The New Zealand Government has introduced new legislation to Parliament empowering police to conduct random roadside drug testing of drivers. Transport Minister Simeon Brown announced that this legislation would allow police to administer saliva tests, akin to the current enforcement methods for drink-driving. Drivers who test positive will have their saliva samples further analysed, and if drug use is confirmed at a certain level indicating recent consumption, they will face an infringement fee and demerit points.
Minister Brown emphasised the Government's commitment to addressing drug-impaired driving, citing that alcohol and drugs were the primary contributors to 200 fatal road crashes in 2022. Despite this, current law does not permit police to conduct saliva tests for drugs, with only 26% of drivers believing they might be caught for drug-impaired driving.
Although the previous Labour Government enacted similar legislation in 2022, it struggled to procure devices suitable for evidentiary purposes and the current Government suggest that legislation was flawed and unworkable. However, Brown expressed confidence that New Zealand now has the necessary resources to implement roadside drug testing once the legislation is passed.
The legislation includes provisions that drivers who refuse to undergo a test will be immediately issued an infringement notice and banned from driving for 12 hours. The Government intends this harder line to deter drug-impaired driving and reduce road fatalities. Following its first reading, the legislation will proceed to the Transport and Infrastructure Select Committee for further consideration.
The key differences with this legislation are:
- Legislation passed by the previous Government in 2022 enabled oral fluid testing (OFT) at the roadside for evidentiary purposes. Police were 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.