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Table of Contents
Table of Contents
2
Policy statement and principles
3
What
3
Why
3
How
3
Introduction
4
Purpose
4
Evidence Act provisions relating to experts
4
What s an expe t w tness and expert ev dence ?
4
Adm ss b ty of expert ev dence
4
Table of terms, acronyms and forms
4
Drugs and Gangs Expert Reg ster
4
M
4
Request for Expe t Ev dence Drugs and Gangs form
4
SME
4
Drugs and Gangs Expert Register
5
Content of Drugs and Gangs Expert Register
5
Limited access to personal module information contained in register
5
Review and maintenance of the Drugs and Gangs experts register
5
Responsibilities and governance of district SMEs
6
District selection, approval and removal of Police subject matter experts (SMEs)
8
Application/nomination process
8
General criteria for being an expert SME witness
8
Factors specific to particular crime types
8
Drugs
8
Gangs
9
Maintaining expertise after approval as a SME
9
Removing an expert from the Drugs and Gangs Expert Register
9
Engaging the services of a drug or gang SME
10
Who to use ‐ internal or external SMEs?
10
Process for requesting and approving District drug or gang SMEs
10
No district SME available
12
Expert witnesses engaged by Crown Solicitors
12
Professional conduct of expert witnesses
13
Witnesses to comply with Code of conduct for expert witnesses
13
High Court Rules ‐ Schedule 4: Code of conduct for expert witnesses
13
Duty to the cou t
13
Ev dence of expe t w tness
13
Duty to confer
13
Police expert witnesses to conduct themselves professionally
13
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Expert evidence drugs and gangs
Policy statement and principles
What
Opinion evidence is not generally admissible in court proceedings. As an exception the court may allow expert opinion evidence in
areas where the Judge or Jury may not have specialised knowledge or skills to interpret the evidence. Under this exception, the court
may allow experienced Police employees or employees from other agencies to give expert opinion evidence in court in respect of
drugs and gangs.
Drugs subject matter experts (SMEs) usually give evidence in respect of drug manufacture, cultivation, prices, methods of sale,
packaging etc. A gangs expert will give evidence of structure, rules, gang patches and gang operating methods.
Police drug and gang SMEs’ expertise is mostly experience‐based over time, but may be backed up with qualifications, additional
training and membership of professional associations.
Police employees must be selected and approved before giving expert evidence in court on drugs or gangs. Once approved, they are
placed on the Police national ‘Drugs and Gangs Expert Register’ and their currency and competency as an expert witness is actively
monitored by the District and National Coordinators.
Why
Evidence from a suitably qualified subject matter expert can provide important evidential and probative value to support a
prosecution. The evidence is also important to help the Court and or Jury to understand the criminal environment.
Expert witnesses must state their qualifications to give specialised evidence before giving testimony and may be cross‐examined to
test their competency and credibility. Only the court can determine a witness' suitability to be considered an expert.
The level of scrutiny on witnesses now requires that any Police employee who intends to offer expert opinion evidence in respect of
drugs and gangs must be suitably qualified by their specialised knowledge or skill based on training, study or experience. They must
also be able to demonstrate currency and competency as a SME. Failure to do so, places the success of investigations and
prosecutions at risk.
How
To ensure the currency and competency of SMEs to support prosecutions Police will:
‑ select suitable Police employees to provide expert evidence on drugs and gangs
‑ develop the capacity and capability of our experts
‑ maintain the standard and consistency of the expert evidence provided
‑ maintain a national register of drugs and gang subject matter experts
‑ identify and address any training or evidential issues
‑ enable Crown and Prosecutor input
‑ apply the High Court Rules ‐ Schedule 4 Code of conduct for expert witnesses to expert evidence
‑ provide peer review and feedback.
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Expert evidence drugs and gangs
Introduction
Purpose
This chapter details:
‑ procedures for engaging internal experts in the course of drugs and gang related investigations, including:
‑ experts from Police’s own specialist units
‑ subject matter experts (SMEs) within districts
‑ processes for
selecting and approving drugs and gangs subject matter experts in districts and for maintaining expertise
‑ the operation of the national
Drugs and Gangs Experts Register, how it is administered and how it can be used by police seeking
experts for investigations
‑ the
professional expectations of expert witnesses and the code of conduct applying to them.
Evidence Act provisions relating to experts
What is an ‘expert’ witness and ‘expert evidence’?
An ‘expert’ is a person who has specialised knowledge or skill based on training, study or experience.
‘Expert evidence’ means the evidence of an expert based on the specialised knowledge or skill of that expert and includes evidence
given in the form of an opinion.
(s4 Evidence Act 2006)
Admissibility of expert evidence
See section 25 of the Evidence Act 2006 for the legislative explanation regarding admissibility of expert evidence.
Table of terms, acronyms and forms
Term / acronym / form
Definition
Drugs and Gangs
Drugs and Gangs Expert Register is a national list of Police employees approved as drugs and/or gangs
Expert Register
subject matter experts (SMEs) by the District Coordinator: SME, the District Experts Panel and the
National Coordinator: SME.
Note: the register is located in the IMT application.
IMT
Information Management Tool application.
Request for Expert
Online form is located on
Police Forms > Expert Evidence Request > Request for Expert Evidence:
Evidence: Drugs and
Drugs and Gangs form (and can be downloaded below).
Gangs form
‑
Reques or Exper Evidence Drugs and Gangs (DOCM) 23 June
2020
72.15 KB
Action to take with making request:
‑ complete the relevant parts of the request document
‑ save to a folder of choice
‑ note:
‑ once saved the request will automatically generate an e‐mail to
@
s.9(2)(g) OIA police.govt.nz (with request document attached)
‑ the request will be received by the National Coordinator and loaded into IMT
‑ an IMT tasking will be created and assigned to the appropriate District coordinator for
actioning.
SME
Subject Matter Expert
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Expert evidence drugs and gangs
Drugs and Gangs Expert Register
Content of Drugs and Gangs Expert Register
The register contains:
‑ SME’s name, QID, district and workgroup
‑ areas of evidential expertise that can be provided for drugs and/or gangs
‑ module that records:
‑ a profile of the expert
‑ a completed questionnaire
‑ a completed resource survey
‑ a history of requests
‑ a list of their statements
‑ a history of the feedback provided through peer review
‑ a history of the feedback they have provided for each Court appearance
‑ recent training, workshops, development opportunities and resources available or made available to the SME since being
on the register
‑ copy of the expert's most up‐to‐date brief or briefs.
Limited access to personal module information contained in register
Only SME’s name, QID, district, work group and areas of drugs and/or gangs expertise will be accessible to Police employees. Access to
other SME’s personal module information contained in personal folders of the IMT system is restricted to District Coordinator: SME,
the District Experts Panel and the National Coordinator: SME.
Review and maintenance of the Drugs and Gangs experts register
The National Coordinator: SME and District Coordinator: SME will meet and review the
Drugs and Gangs Expert Register annually. The
register is to be checked for currency, relevancy and competency of SMEs from their district. This is to ensure that the SME is still
considered current, relevant and competent with the
general and
specific crime type criteria, to give expert opinion evidence relating
to drugs and/or gangs.
Their continued competency as an expert witness must be actively managed by the District Co‐ordinator: SME and reviewed at least
once per appraisal year.
See
‘Removing an expert from the Drugs and Gangs Expert Register’ in the ‘Selection and approval of SMEs topic’ where an employee is
no longer considered competent to give expert opinion evidence. The National Coordinator: SME will notify the employee and remove
their name from the national register.
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Expert evidence drugs and gangs
Responsibilities and governance of district SMEs
Governance of
district drugs and gang related SMEs occurs at both a national and district level. This table summarises the
esponsibilities of all involved.
Role
Responsible for
O/C Investigation
‑ ensuring:
‑
a
Request for Expert Evidence: Drugs and Gangs form is completed, (in
Police Forms> Expert
Evidence Request > Request for Expert Evidence: Drugs and Gangs form) submitted to the
National Coordinator: SME by email (send to
@
s.9(2)(g) OIA police.govt.nz) for loading into
IMT
and forwarding to the appropriate District Coordinator: SME
‑ ensuring a member of the investigation gives the appointed expert access to relevant
investigative material
‑ ensuring effective liaison with the expert around their evidence including timings.
Subject Matter
‑ sourcing and reviewing material received from the O/C Investigation and confirming whether they can
Expert (SME) [Police
provide relevant expert evidence
employee]
‑ preparing formal statements in consultation with the O/C Investigation and Prosecutor
‑ participating in the peer review of formal written statements and evidence
‑ giving expert opinion evidence on a subject matter for which they are suitably qualified and approved
‑ maintaining their expertise by relevant work experience and participating in development
opportunities afforded
‑ ensuring their performance/competency is current and regularly reviewed with the District Co‐
ordinator: SME.
District Coordinator:
‑ identifying suitable drug and gang SMEs from their district and recommending them to the District
SME
Experts Panel for inclusion in the
Drugs and Gangs Expert Register
‑ arranging District Experts Panel recommendations to National Coordinator: SME for approval or
removal of SMEs from the
Drugs and Gangs Expert Register
‑ receiving and assigning requests for drug and gang expert evidence within their District
‑ liaising with District Experts Panel, National Coordinator: SME and other District Coordinator: SMEs
‑ annually reviewing the expert register for their district
‑ liaising with prosecutors, the Crown Solicitor and the judiciary as required
‑ facilitating the peer review process
‑ arranging ongoing training
‑ identifying national or international opportunities to develop drug and gang subject matter experts
‑ communicating topical issues with:
‑ relevant experts within their district and, where applicable, nationally
‑ District Experts Panel
‑ other workgroups where relevant.
District Crime
‑ establishing a District Experts Panel under the control of an experienced and senior CIB supervisor as
Manager/Field Crime
the District Coordinator: SME
Manager/District
‑ ensuring that the policy requirements and standards are met
Commander
‑ providing ongoing support and resources for the management and development of drug and gang SMEs
(may be member/s of
‑ reporting issues to the National Co‐ordinator: SME where appropriate.
the District Experts
Panel)
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Expert evidence drugs and gangs
District Experts
‑ ensuring membership includes experienced CIB and district managers, and the senior CIB supervisor as
Panel
the District Coordinator: SME
‑ receiving, considering, recommending SMEs’ nominations/applications/removal for approval by the
National Coordinator: SMA
‑ annually reviewing the expert register of SMEs to ensure competency, currency and performance levels
are maintained
‑ considering the outcomes of post evidence evaluation feedback on the Request for Expert Evidence:
Drugs and Gangs forms arising from SME Court appearances
‑ ensuring ongoing training, conferences, workshops are appropriate to maintain SMEs’ skills, knowledge
and experience.
National
‑ providing national oversight, co‐ordination where required, and giving advice on gangs and/or drugs
Coordinator: SME
‑ managing information, resources available and recruitment of expert witnesses
Under delegation
‑ training development and delivery
from Director:
‑ reviewing each district/national group on an annual basis to ensure appropriate records are maintained
National Organised
on their respective SME performance/competency
Crime Group (NCOG)
‑ administration of the
Drugs and Gangs Expert Register
‑ annual review of the Drugs and Gangs Expert Register with each District Coordinator: SME
‑ liaison with Crown Solicitors and Prosecutors when appropriate
‑ identifying international best practice relating to expert witnesses
‑ evaluating feedback received from District Coordinators
‑ liaising with local and overseas law enforcement agencies to source relevant information that would
assist SMEs and fill any intelligence gaps
‑ identifying local, national and international courses that SMEs would benefit from attending
‑ confirming all aspects of the expert portfolio is resourced and managed
‑ providing assurance to the Director: National Organised Crime Group (NOCG).
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Expert evidence drugs and gangs
District selection, approval and removal of Police subject matter experts
(SMEs)
Each district must have a District Experts Panel led by a District Co‐ordinator: SME to consider selection and recommend approval of
candidates’ inclusion on the
Drugs and Gangs Expert Register.
Application/nomination process
Police employees who hold specialist skills, knowledge and experience, and consider that they could provide expert opinion evidence
on a particular subject matter should first discuss their potential suitability with their immediate supervisor.
Any nomination should then be made to the District Coordinator: SME who will make the final determination of the employee’s
suitability in consultation with the District Experts Panel, the Crime Manager and the National Coordinator: SME.
The District Co‐ordinator: SME may also directly approach employees who have been identified with the suitable attributes.
See
Responsibilities and governance of district SMEs for more information on the role of the District Coordinator: SME in identifying,
selecting and supporting District SMEs.
General criteria for being an expert SME witness
These factors must be considered by the District Coordinator SME before nominating any employee as competent to give expert
opinion evidence relating to a particular subject matter:
‑ length of service and relevant law enforcement experience
‑ positions held relevant to the subject matter
‑ their depth of knowledge of subject matter
‑ the currency of their knowledge of the subject matter
‑ training received or delivered on the subject matter
‑ demonstrated ability in giving reliable evidence in court
‑ commitment to developing and maintaining their expertise
‑ any formal qualifications on the subject matter
‑ membership of any recognised associations or groups pertaining to their expertise
‑ no issues that compromise the integrity of any evidence to be given.
Factors specific to particular crime types
In addition to the general criteria above, the following factors should be considered when determining an employee's competency to
give expert opinion evidence on drugs and gangs, and comparative to any prospective defence witness.
Note: These lists are indicative
only and not meant to be exhaustive.
Drugs
Consider:
‑ experience with executing search warrants relating to drugs
‑ conducting related scene examinations
‑ arrests and interviews of offenders in relation to drugs
‑ experience in managing drug investigations
‑ experience with CHIS ‐ e.g. handler, supervisor, controller levels, course completed
‑ independent study
‑ experience in covert investigations
‑ undercover programme involvement
‑ clandestine laboratory training
‑ experience in National Cannabis Crime Operation’ and / or National Organised Crime Operations
‑ research of trends
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Expert evidence drugs and gangs
‑ relevant reading and research e.g. NDIB information reports
‑ networking with other experts in the same field
‑ training received or delivered
‑ course, forums, conferences attended.
Gangs
Consider:
‑ experience in gang intelligence
‑ gang liaison involvement
‑ experience executing gang related search warrants
‑ conducting related scene examinations
‑ arrests and interviews of gang members and associates
‑ experience with CHIS ‐ e.g. handler, supervisor, controller levels, course completed
‑ courses, forums, conferences attended
‑ research
‑ networking with other experts in the same field
‑ training received or delivered.
Maintaining expertise after approval as a SME
The SME is responsible for maintaining the currency of their expertise, skill and knowledge in respect of their subject matter. Their
continued competency as an expert witness must be actively managed by the District Co‐ordinator: SME and reviewed at least once
per appraisal year.
The National and District Coordinators are responsible for providing relevant training, networking opportunities and review process.
Each District is responsible for supporting their experts to maintain currency. This may include meeting the costs of the expert
attending relevant courses, forums or conferences.
Removing an expert from the Drugs and Gangs Expert Register
Should any issues be experienced with a SME, first discuss the matter with your supervisor and/or District Crime Manager for
consideration by the District Coordinator: SME and the District Experts Panel.
Where an employee is no longer considered competent to give expert opinion evidence, the
District Coordinator SME must flag that
the SME position is under review on the register and notify:
‑ District Experts Panel
‑ National Coordinator: SME at NOCG, PNHQ.
The District Experts Panel will consider:
‑ any adverse feedback on the expert's performance from an O/C Investigation, Crown Solicitor, Police Prosecutor or other
legitimate source
‑ whether:
‑ further training or development of the SME is appropriate with a view to reinstatement; or
‑ the removal from the register should be recommended to the Director: National Organised Crime Group (NM: NOCG).
A SME may request to be removed from the district SME register in discussion with their District Coordinator: SME.
An SME may be removed from the
Drugs and Gangs Expert Register when:
‑ SME requests removal
‑ Director: NOCG authorises the removal of a SME from the register after following the process above.
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Expert evidence drugs and gangs
Engaging the services of a drug or gang SME
Who to use ‐ internal or external SMEs?
Drug and gang SMEs may be Police employees or experts from other agencies. District Police employees approved to give expert
opinion evidence in court on drug or gang subject matter should be used before engaging a SME from other agencies.
SMEs from other agencies should only be used when a Police employee with drug or gang expertise:
‑ is unavailable
‑ does not have specialised knowledge or skills based on training, study or experience for the particular expert evidence required
to be given in Court.
Process for requesting and approving District drug or gang SMEs
Follow these steps if you require a district based drug or gang Police SME witness.
StepAction
1
Online request
O/C Investigation completes the
Request for Expert Evidence: Drugs and Gangs form (
Police Forms > Expert Evidence Request
> Request for Expert Evidence: Drugs and Gangs) and emails the request to the National Coordinator: SME (email address
@
s.9(2)(g) OIA police.govt.nz) for loading into IMT and forwarding to the appropriate District Coordinator: SME. Include the
following information:
‑ an outline of the investigation and the expert evidence sought
‑ charges
‑ Court date and location
‑ district
‑ O/C Investigation contact details.
Consider if it would be advantageous to call a SME to a scene, while it is still secured by Police. For example, using a SME for
cannabis cultivation to examine a large scale cannabis plot in situ. Make contact directly with the District Coordinator and
follow‐up in writing.
2
Approval
The e‐mail
Request for Expert Evidence: Drugs and Gangs form sent by the requestor and loaded into
IMT, is forwarded through
that tool from the National Coordinator: SME to the District Coordinator: SME via an IMT tasking, who reviews the request and
either:
‑ declines the request and notifies the O/C Investigation; or
‑ identifies, and assigns the SME to the request.
Note, the SME:
‑ should where possible be independent of the investigation.
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Expert evidence drugs and gangs
No district SME available
Where a district does not have a resident SME available or an expert cannot be confirmed, the District Co‐ordinator: SME should seek
the assistance of other districts or seek advice from the National Co‐ordinator: SME at National Organised Crime Group (NOCG), PNHQ.
Expert witnesses engaged by Crown Solicitors
A Crown Solicitor engaging an expert witness must consult with Police. The Crown must meet the cost and may claim reimbursement.
See:
‑ Crown Solicitors: Terms of Office
‑ Police Guide to Crown Solicitor Billing (27 Jul 17).
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Expert evidence drugs and gangs
Professional conduct of expert witnesses
Witnesses to comply with Code of conduct for expert witnesses
Expert witnesses giving evidence in criminal proceedings in New Zealand are required to adhere to the High Court Rules ‐ Schedule 4
Code of conduct for expert witnesses.
High Court Rules ‐ Schedule 4: Code of conduct for expert witnesses
The Code of conduct for expert witnesses set out in schedule 4 of the High Court Rules is summarised below.
Duty to the court
An expert witness:
‑ has an overriding duty to assist the court impartially on relevant matters within the expert's area of expertise.
‑ is not an advocate for the party who engages the witness.
Evidence of expert witness
In any evidence given by an expert witness, the expert witness must:
‑ acknowledge that they have read the code of conduct and agrees to comply with it
‑ state their qualifications as an expert witness
‑ state the issues their evidence addresses and that the evidence is within their area of expertise
‑ state the facts and assumptions on which their opinions are based
‑ state the reasons for the opinions they give
‑ specify any literature or other material used or relied on in support of the opinions they express
‑ describe any examinations, tests, or other investigations on which they have relied and identify, and give details of the
qualifications of, any person who carried them out.
If an expert witness believes that:
‑ their evidence or any part of it may be incomplete or inaccurate without some qualification, they must state that qualification in
their evidence
‑ their opinion is not a concluded opinion because of insufficient research or data or for any other reason, this must be stated in
their evidence.
Duty to confer
An expert witness must comply with any direction of the court to:
‑ confer with another expert witness
‑ try to reach agreement with the other expert witness on matters within the field of expertise of the expert witnesses
‑ prepare and sign a joint witness statement stating the matters on which the expert witnesses agree and the matters on which
they do not agree, including the reasons for their disagreement.
Note: In conferring with another expert witness, the expert witness must exercise independent and professional judgment, and must
not act on the instructions or directions of any person to withhold or avoid agreement.
Police expert witnesses to conduct themselves professionally
SMEs appearing in court as witnesses are representing the New Zealand Police. Police expert evidence is often vital to the prosecution
case and in cases of wider public interest can be a focus of media attention.
SMEs giving evidence must do so in a clear and concise manner that reflects the professional standards of Police. Notwithstanding the
fact that experts must be independent, Police expert witnesses are Police officers and must present themselves professionally. Under
cross examination by defence counsel, the SME must maintain the same unbiased and fair presentation of evidence to avoid any
perception that Police are being obstructive to the court.
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Proactively released by New Zealand Police
Police drug and alcohol policy
This document was current at 2 November 2023. Police policies are reqularly reviewed and updated.
The most current version of Police policies are available from www.police.govt.nz
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Proactively released by New Zealand Police
Table of Contents
Table of Contents
2
Policy statement and principles
3
What
3
Why
3
How
3
Who and when
3
Alcohol and drugs defined
4
A coho
4
Drugs
4
Employer and employee responsibilities
4
Emp oyer
4
Emp oyee
4
Further information
4
Categories of employee testing
6
Pre‐employment
6
Consequences of non negat ve and pos t ve resu ts pre emp oyment test ng
6
Designated work groups
6
Critical incident
7
Procedures spec f c to cr t ca nc dent test ng
7
Reasonable cause
7
Reasonab e cause procedures
8
Requests for tests and notification of results
9
Employee rights and assistance
9
Testing procedures
9
More nformat on
9
Request to undertake test
9
Refusa or fa ure to be tested
9
Test results
10
Resu t re ated def n t ons
10
Nega ve es resu
10
Non‐nega ve es resu
10
Pos ve resu
10
Rehabilitation options
11
Police approach to drug and alcohol use
11
Compulsory rehabilitation programmes
11
Privacy and use of information
12
Review of Policy
13
Flowcharts and related documents
14
This document was current at 2 November 2023. Police policies are reqularly reviewed and updated.
The most current version of Police policies are available from www.police.govt.nz
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Police drug and alcohol policy
Proactively released by New Zealand Police
Policy statement and principles
What
The NZ Police Drug and Alcohol Policy has been developed to protect the wellbeing of all Police employees, as well as the integrity,
reputation and effectiveness of Police. It seeks to facilitate the health, safety and wellness of all Police employees in relation to drug
and alcohol use by focusing on rehabilitation. Wherever possible Police will prioritise a rehabilitative approach to manage staff with
drug and alcohol difficulties.
It has been developed by Police in consultation with the New Zealand Police Association, the Police Leaders Guild and the
Independent Police Conduct Authority.
Why
‘Our Business’ aims to ensure both our communities and our people feel safe and are safe. Achieving this requires enabling our people
to be the best they can be. The use of drugs and alcohol increases the likelihood of errors of judgment and increases health and safety
risk in the workplace.
All employees have a duty to take care of their own and others’ safety. Police officers deploy into operational environments where they
are frequently exposed to multiple hazards and associated high risks, and any such incidents are often fast‐paced, dynamic and
require sound judgement to mitigate risks. Those employed in roles that support our frontline staff also perform functions that require
sound judgement, again to mitigate risk to themselves, the safety of colleagues and the wider community. It is therefore critical that
any employee who consumes alcohol while on duty (without authorisation of the District Commander or Director) or reports for duty
under the influence of drugs or alcohol is identified and held accountable for their decision to be at work.
This Policy is rehabilitation focused. If an employee is concerned that they have issues with drugs or alcohol they are encouraged to
seek confidential support and assistance through our Employee Assistance Programme (EAP) or a District Wellness Advisor.
How
Testing will be undertaken in accordance with the relevant AS/NZ alcohol and drug testing standards and explained further in this
Policy. In accordance with Our Values and Our Code, Police requires all employees and other Police workers to:
‑ not use illegal drugs
‑ not report for duty when under the influence of drugs or alcohol, including prescribed and over the counter medication not
taken in accordance with a health practitioner’s or manufacturer’s instructions or that present a risk to the individual’s safety at
work or the safety of others while at work
‑ immediately notify their manager if they feel that any medication, they are taking could present a risk to their safety or the
safety of others while at work.
‑ not consume alcohol while on duty, unless it has been authorised by the District Commander or Director
‑ follow the lawful and reasonable request for a breath, oral fluid or urine sample in accordance with
‑ this policy (Refer to Employer and Employee responsibilities regarding consent)
‑ adhere to the requirements of any rehabilitation programme they may be directed to participate in.
The primary focus of this policy is to keep people safe at work. The focus is on rehabilitation, but in some circumstances breaches of
this policy may amount to misconduct or serious misconduct under the Code of Conduct and a disciplinary pathway may apply.
Circumstances could include:
‑ being impaired by alcohol or drugs at work where there is risk to others
‑ refusing a test without reasonable cause.
Who and when
This policy applies to all Police employees whether constabulary or non‐constabulary. It also applies to all new preferred employees
and constabulary applicants who have been identified as the preferred candidate for placement in a recruit wing (in relation to pre‐
employment testing).
There are four categories of drug and alcohol testing for Police employees and further defined under Categories of Employee Testing:
This document was current at 2 November 2023. Police policies are reqularly reviewed and updated.
The most current version of Police policies are available from www.police.govt.nz
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Police drug and alcohol policy
Proactively released by New Zealand Police
‑
Pre‐employment ‑
Critical incident (constabulary)
‑
Reasonable cause (all employees)
‑
Designated workgroups (constabulary)
Random testing is not included in this policy, however, may be included at a future date following further consultation and agreement.
Alcohol and drugs defined
Alcohol
Any substance containing more than 1.15% ethyl alcohol (ethanol) including but not limited to beer, wine and distilled spirits.
Drugs
Any substance that causes or can cause impairment, including (but not limited to):
‑ controlled drugs (as defined in section 2 of the Misuse of Drugs Act 1975);
‑ psychoactive substances (as defined in section 9 of the Psychoactive Substances Act 2013);
‑ medicines (as defined in section 3 of the Medicines Act 1981) that are misused, whether prescription or ‘over the counter’ and
whether capable of causing impairment on their own or in combination with other substances; and
‑ other substances that are intended to have a mind‐altering effect, whether regulated or unregulated (such as synthetic and
herbal highs, party pills).
Employer and employee responsibilities
Employer
Police has a primary duty of care to ensure, so far as is reasonably practicable:
‑ the health and safety of its employees; and
‑ that the health and safety of other persons is not put at risk from work carried out as part of Our Business.
‑ Wherever possible, Police will take a rehabilitative approach to the implementation of this policy and testing procedures
Police also has obligations to act in good faith and to comply with the principle of being a good employer. This means providing our
employees with all relevant information (including their rights), a reasonable opportunity to take legal advice, and the ability to have a
representative and/or support person present.
Employee
Police employees are expected to act in good faith and to comply with all applicable laws, Police processes and policies (including this
policy, Our Values and Our Code). This includes safe and responsible use of drugs and/or alcohol. Employees must also comply with
the advice and instructions of the relevant Police‐ approved testing and rehabilitation providers.
If an employee is concerned that they have issues with drugs or alcohol they are encouraged to seek funded confidential support and
assistance through our Employee Assistance Programme (EAP) or a District Wellness Advisor.
While drug and alcohol testing is required under this policy, testing will only occur if an employee has given consent. Refusal to consent
to, or failure to comply with, drug and alcohol testing under this policy may result in the implementation of a disciplinary pathway and
could amount to misconduct or serious misconduct.
Rehabilitation is the primary focus of this policy however there may be some circumstances where a disciplinary pathway may be
considered, this could potentially include by way of example:
‑ being impaired by alcohol or drugs at work where there is risk to others
‑ not complying with an agreed rehabilitation programme
‑ failing a retest after completion of a rehabilitation programme
‑ refusing a test without reasonable cause.
Further information
Further information can be found at these links:
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‑ Code of Conduct
‑ Rehabilitation policy and procedures
‑ Disciplinary policy
‑ Off duty interventions
‑ Host responsibility‐Police canteens and social functions
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Categories of employee testing
This section details the four testing categories for Police employees and explains when and how tests will occur.
Pre‐employment
All new preferred applicants (non‐constabulary) and constabulary applicants to join New Zealand Police are required to undergo a
drug and alcohol screening test prior to their employment.
Testing will occur for constabulary applicants at the end of the selection process when the applicant has been identified as the
preferred candidate for the role, or for placement in a recruit wing. A letter of offer will be conditional on a negative result.
Testing will occur for all preferred applicants for non‐constabulary positions (excluding contractors and volunteers) prior to a letter of
offer being made.
Applicants will be required to submit to the nearest Police approved testing provider within 5 days of notification from the hiring
manager or recruiting staff.
Consequences of non‐negative and positive results ‐ pre‐employment testing
A non‐negative result is deemed a positive result. The applicant may, at their own expense, have the sample re‐tested in the provider’s
accredited laboratory. In the event of a negative result from this test, the application may proceed.
In some circumstances, Police will cover the expense to have the sample retested, at the discretion of the Director: Safer People
An applicant will not receive a letter of offer in the event of a positive result.
Applicants will not be eligible to re‐apply until after a period of at least 2 years, at which time they must supply, at their own expense,
evidence of a minimum of four (4) negative drug tests done by the Police approved provider over that period. Each re‐application will
be judged on its own merits. The re‐applicant must undergo another pre‐employment Police drug screening test (in accordance with
the above pre‐employment process) if they are sent another offer of employment.
Designated work groups
The groups listed below are designated workgroups for drug and alcohol testing due to their special functions which are associated
with higher than normal or unique workplace risks:
‑ Special Tactics Group (STG)
‑ Armed Offenders Squad (AOS)
‑ Police Protection Services (PPS)
‑ Airport Police
‑ Operational Dog Handlers.
All current and active employees within a designated workgroup will be tested at least once every two years while they remain part of
the group. They will also be tested following any involvement in a critical incident.
Testing will be conducted by the Police approved testing provider at:
‑ the designated work group base/station, or
‑ the testing provider office, or
‑ at another suitable venue, e.g., at a training session.
These tests should be unannounced so far as is reasonably practicable.
Testing will be in accordance with the relevant AS/NZ alcohol and drug testing standards.
The employee will be notified at the time of testing if the result is negative. If a non‐negative result is received at the time of testing,
the urine sample will be sent to the accredited lab for analysis by the service provider. A positive result will be in line with the above
standard.
Other workgroups may be designated under this policy in consultation and agreement with the Police Association and Police Leaders
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Guild.
Critical incident
A critical incident in respect of this policy applies to situations where an employee has:
‑ used force or had direct contact with a person where death or significant injury or illness has resulted. The use of force or direct
contact includes (but is not limited to) a firearm, taser, OC Spray, baton and/or physical restraint or hold
‑ used a firearm, where death or serious injury has resulted, whether caused by a firearm or not. This includes where the
employee has discharged a firearm in the direction of a person in the execution of his or her duty, regardless of whether or not it
resulted in an injury or death.
NB: For clarity, fleeing driver incidents are not included in the definition of critical incident for the purposes of this policy.
Procedures specific to critical incident testing
As soon as is reasonably practicable after a critical incident, and following the management of immediate safety and welfare
considerations, the relevant employee(s) should be tested for drugs and alcohol in accordance with the following process:
StepAction
1. The District Commander or their delegate (e.g., District Command Centre), in consultation with the Critical Incident Liaison
Officer (CILO) (or involved officer’s supervisor if CILO not appointed) must contact the Police approved testing provider as soon as
it has been determined to be a critical incident, and make arrangements for testing, either on site or at an agreed location, e.g.
Police station, or the provider’s premises. The need to protect the anonymity of employees involved in critical incidents should
be considered when deciding the place of testing.
2. Where possible, the breath alcohol test should be conducted within 2 hours of the critical incident. (Access the ‘
Drug Testing
Consent for Police Employees’ in Police Forms> Safer People)
3. Where the service provider is able to attend, the employee/s will be required to provide a sample of their breath and urine in
accordance with the relevant AS/NZ drug and alcohol testing standards.
Note that these vary if the employee requiring testing is receiving treatment at a hospital.
For more information, see the standard drug and alcohol testing procedures used by service providers or those applying in
hospitals.
4. The urine sample will be sent to the accredited lab for analysis by the service provider. A positive result will be in line with the
above standard.
5. The result of the test will be sent to the Director Safer People. The employee will be notified via CILO as soon as practicable.
See also the Flowchart for critical incident testing below.
‑
Cri ica nciden Tes ing Process (Oc 20 9)
129.69 KB
Reasonable cause
This testing category applies where a Manager/Supervisor has reason to suspect that an employee has consumed or is under the
influence of drugs and alcohol. This includes prescribed and over the counter medication not taken in accordance with a health
practitioners or manufacturer’s instructions or that present a risk to the individual’s safety at work or the safety of others while at work.
NB: In all cases reasonable cause must exist at the time of assessment.
Any decision made to initiate a reasonable cause process is significant, both in terms of process and the impact and effect it may have
on the person being tested. Individual’s rights regarding privacy and confidentiality must be respected. Therefore, a
Manager/Supervisor needs to be confident that reasonable cause exists and requiring a test is justified. If it is not, this may create a
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breach of the employee’s privacy. Procedures in this Policy must be carefully followed. A manager’s/supervisor’s pack has been
developed and is to be used in all circumstances where practicable to determine whether a reasonable cause testing procedure should
be undertaken. This will assist in making an assessment and give guidance throughout the process. It contains all relevant forms
including employee information and consent forms.
Manager's/supervisor's Pack ‐ reasonable cause testing of employees (includes all documents including consent forms).
Training (Reasonable Cause Drug and Alcohol Testing) is available within Success Factors on the Reasonable Cause Process, including
signs and symptoms and guidance on using the manager’s/supervisor’s pack.
For contractors, use the alternate procedure listed.
Reasonable cause procedures
‑ Employees
‑ Contractors
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Requests for tests and notification of results
Employee rights and assistance
Whenever an employee is required to undertake a test it is important, they understand their rightsthroughout the process. This Policy
has been developed to ensure testing takes place in a consistent and professional manner and with the consideration for an
individual’s rights, including privacy and confidentiality. This includes the right to:
‑ Seek advice prior to undertaking a test, providing that any delay in in obtaining advice is not unreasonable
‑ Support if requested where possible, provided that the safety of all can be assured and it does not result in unreasonable delay
‑ Effective communication which is open and honest
‑ Easily accessible information and questions answered in a timely manner
‑ Be treated in line with NZ Police values
‑ Respect for an individual’s culture, values and beliefs
‑ Be fully informed about any process the individual is involved in, including what they are being tested for, what will practically
be required, (i.e., what is involved and who will undertake it) the timeframes involved, what the test results are and what the
outcome will be (dependent on the test results)
‑ Ask to have any concerns addressed and to be informed about options for resolving these
‑ An individual’s privacy is respected and all relevant legislations relating to privacy and access to information are complied with,
how the information will be managed and who has access to it.
‑ Refuse to undergo any process (NB this may result and involve the implementation of a disciplinary pathway)
Testing procedures
Alcohol ‐ A breath test will be completed.
Drugs ‐ A urine screening device will be used to carry out testing. The verification for the device used and the cut off concentrations for
the onsite device are in line with best practice standards set by drug testing industry. It will be collected in an area where you can be
monitored by a TDDA testing technician, and all practicable steps taken to ensure your privacy is maintained. These steps and
procedures will be explained to you at the time of testing by the technician.
Drug and alcohol testing will be undertaken by The Drug Detection Agency (TDDA) in accordance with their standard testing
procedures.
Download:
‑ a summary of the standard Drug and Alcohol Testing Procedures Used by Service Providers
‑
Drug and A coho Tes ing Procedures Used by Service Providers
128.82 KB
‑ Drug and Alcohol Testing Procedures When Employees are in hospital
‑
Drug and A coho Tes ing Procedures When Emp oyees are in Hospi a
278.58 KB
More information
See also TDDA’s step by step Overview of the Screening Process on the Police TenOneDrug and Alcohol Policy intranet page.
Request to undertake test
Any employee who is requested to perform a test in accordance with this policy and related testing procedures is expected to
cooperate and provide a sample for testing, where the service provider is available to take the sample. However, consent is required by
the employee before testing can be undertaken.
Refusal or failure to be tested
The Director: Employee Relations must be advised whenever an employee refuses to consent to or fails to comply with drug and
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alcohol testing. The Director: Employee Relations should consider all relevant circumstances and may initiate a disciplinary pathway if
appropriate (see more information in the Disciplinary policy).
Test results
Whenever a critical incident or reasonable cause drug or alcohol test is carried out, the District Commander, or their delegate, is
responsible for notifying the Director: Safer People. The service provider will communicate directly with the Director: Safer People
regarding the test results.
All test results will be notified to the tested employee as soon as practicable. If a non‐negative or positive result is obtained the
employee will be given an opportunity to respond to the result and to seek retesting of the sample (within 5 working days of being
notified of the test result) if they wish.
In all cases, Police will take steps to support an employee’s rehabilitation and/or wellness needs. In the event of a positive test,
rehabilitation will be the primary focus for a current employee and, depending on the circumstances, in some circumstances a
disciplinary process may also need to be undertaken.
Consideration should be given to whether it is appropriate for an employee to continue in their current role while undergoing a
rehabilitation plan.
Result related definitions
Negative test result
Drug and/or alcohol levels do not reach or exceed the cut off levels set out in the relevant AS/NZ standards.
A negative alcohol test is required to be at 150 micrograms of alcohol per litre of breath or below.
Non‐negative test result
Drug levels appear to reach or exceed the cut off levels set out in the relevant AZ/NS standards. A non‐ negative drug test is an indicator
only and requires laboratory analysis to confirm the result.
Positive result
Drug and/or alcohol levels reach or exceed the cut off levels set out in the relevant AS/NZ standards.
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Rehabilitation options
Police approach to drug and alcohol use
The cornerstone of this policy is a rehabilitative approach to drug and alcohol use. If an employee is concerned that they have issues
with drugs or alcohol, they are encouraged to seek confidential support and assistance through:
a. Wellness Advisors who are embedded in all Police districts, are degree qualified in the health, wellbeing and/or psychology areas,
operate on a strictly confidential basis, and are available for support.
b. Employee Assistance Programme (EAP). This is a dedicated service for Police employees to seek voluntary and confidential
assistance with drugs and alcohol.
Compulsory rehabilitation programmes
In the event of a positive test for drugs or alcohol, an employee may be required to participate in a compulsory rehabilitation
programme (where appropriate). This will be managed as a formal referral to a qualified and approved rehabilitation service provider
who will be DAPAANZ registered. The employee will be required to sign a rehabilitation agreement. Consideration will be given as to
whether it is appropriate to amend the employee’s current duties.
The provider will manage the rehabilitation process and Police will, subject to recommendation of a treatment plan by the qualified
and approved rehabilitation provider, fund the rehabilitation as follows:
‑ An initial assessment by a substance abuse specialist.
‑ Up to six sessions with a drug and alcohol substance abuse specialist.
‑ Up to six unannounced follow‐up tests over a period of up to two years.
The employee will be monitored by comparison testing by the provider if required during rehabilitation to determine whether levels of
drugs and/or alcohol are decreasing at the rate expected and will be required to return a negative test before they return to work. The
employee may use leave entitlements, including annual and sick leave, to cover the absence and/or attendance at sessions. If these
are insufficient to cover the absence then the employee must take unpaid leave or attend sessions outside work hours.
Where the above rehabilitation programme is not suitable, or is not recommended by the provider, a Police Drug and Alcohol Panel will
need to consider whether any other rehabilitative process is appropriate, e.g, a residential rehabilitation programme. This decision,
and a decision as to the appropriate next steps, will be made by a person or people agreed to between Police and the Police
Association. There is a standard process that will ensure that Police takes into account all relevant circumstances, including any
medical or specialist advice and the employee’s views. In all cases, Police will continue to provide support to the employee.
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Privacy and use of information
All information about an employee’s drug and alcohol testing must be handled sensitively. Police will at all times comply with
legislation in relation to managing employees personal and health information including the Privacy Act 2020, Official Information Act
1982, Human Rights Act 1993, NZ Bill of Rights Act 1990 and the Health Information Privacy Code 2020.
In some circumstances, information may be disclosed where it is lawful and appropriate to do so (including where disclosure is
necessary to prevent or lessen a serious threat to public health, public safety or an individual’s life or health). The information will
otherwise not be used or disclosed for any other purposes except as required by law. Disclosure of the test results with appropriate
confidentiality requirements includes to an employee’s manager/supervisor and Director: Safer People. It may also include:
‑ Members of the Drug and Alcohol Assessment Panel (DAAP)
‑ NZ Police HR and ER representative
‑ NZ Police Medical Advisor
‑ Independent Medical Review Office (MRO)
‑ Any other individual who may be directly involved in any associated rehabilitation or disciplinary process
Information regarding the employee’s test results will be stored and retained in a secure online database system, Imperans,
independently managed by TDDA.
For critical incidents only, an employee will be assigned an alpha code and this code, and not the employee’s name or QID, will be used
on any forms or documentation relating to the drug and alcohol sample and testing.
Officers in charge of designated work groups will ensure their people are tested on acceptance of joining the work group, and then bi‐
annually. This will be subject to audit.
Access to all test results, via Imperans will be available to Director: Safer People.
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Review of Policy
Review of this Policy will follow all relevant NZ Police Policy review requirements. In addition to this, this Policy will take a
collaborative approach with our Unions and any review will require consultation with the Police Association and Leaders Guild and
agreement to any amendments proposed. The Unions will be involved early in the process of review and will be given reasonable
opportunity to provide input.
When NZ Police are required to consult Unions for making an amendment to the Policy, both parties must in good faith, mutually agree
to a suitable timeframe for the Union to provide feedback on proposed changes. Recognising both parties must consider competing
priorities, timing for internal consultation processes, risk to employees if the policy remains unchanged and any other factors to ensure
the Policy is reviewed within a suitable time.
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Flowcharts and related documents
These flowcharts provide an overview of the processes used forcritical incident testing and for reasonable cause testing of contractors
.
‑
Cri ica nciden Tes ing Process (Oc 20 9)
129.69 KB
‑
Reasonab e Cause Tes ing Process (Con rac or)
213.4 KB
Manager's/supervisor's Pack Reasonable Cause testing of employees (includes all documents including consent forms)
Police Forms: ‘Drug Testing Consent for Police Employee (Critical Incident)’ (DA1) ‐ accessed from
Word> PoliceForms> Safer People
Drug and Alcohol Testing Procedures Used by Service Providers:
‑
Drug and A coho Tes ing Procedures Used by Service Providers
128.82 KB
Drug and Alcohol Testing Procedures When Employees are in hospital
‑
Drug and A coho Tes ing Procedures When Emp oyees are in Hospi a
278.58 KB
See also TDDA’s step by step
Overview of the Screening Process (step 3 does not apply to Police).
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