Oral Fluid Testing Device Operation

Gregory Soar made this Official Information request to New Zealand Police

The request was refused by New Zealand Police.

From: Gregory Soar

Dear New Zealand Police,

I require please information on oral fluid testing devices to ensure I am understanding and lawfully complying with legislation and not returning two positive drug tests. I seek general information only but give outline of my situation only to make clear my request.

I am prescribed cannabis. There are zero manufacturer comments about driving other than if one feels not impaired. No time frames.

The prescriber, a specialist, advises in writing that 6 hours post inhaling it would be worn off and often sooner than 6 hours. If I feel ok after 6hours I-consider it ok to drive having followed all medical advice.

1. If ones medical advice & product advises as mine does that 6hours is long enough and one feels ok to drive and is driving at 6.25 hours post previous inhalation thus meeting all medical advice will the oral fluid testing device indicate negative or positive result?
2. How-is one, feeling ok to drive and complying with manufacturer and prescriber, assured they will not return positives when past the medically given advised time of no driving and feeling ok to drive?
3. If one returns two positive oral fluid testing device results yet is following medical advice and feeling ok to drive will they be guilty of an offence requiring no driving for 12 hours and if so how does one know how long they must not drive if medical and manufacturer advice is met but positive results are returned?
4. If forbidden to drive for 12 hours yet following all advices and feeling ok how-is ones medical needs met when stuck on side of road? Medications ( more cannabis!, food, water rest other necessities)

Yours faithfully,

Gregory Soar

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From: Ministerial Services
New Zealand Police

Tēnā koe

I acknowledge receipt of your Official Information Act 1982 (OIA) request below.

Your reference number is IR-01-25-13821.

You can expect a response to your request on or before 14 May 2025 unless an extension is needed.

Ngā mihi
Siena (she/her)
Advisor - Ministerial Services
Police National Headquarters

-----Original Message-----
From: Gregory Soar <[FOI #30689 email]>
Sent: Friday, April 11, 2025 5:43 PM
To: Ministerial Services <[email address]>
Subject: [EXTERNAL] Official Information request - Oral Fluid Testing Device Operation

CAUTION: This email originated from outside the New Zealand Police Network. DO NOT click links or open attachments unless you recognise the sender and are assured that the content is safe.

Dear New Zealand Police,

I require please information on oral fluid testing devices to ensure I am understanding and lawfully complying with legislation and not returning two positive drug tests. I seek general information only but give outline of my situation only to make clear my request.

I am prescribed cannabis. There are zero manufacturer comments about driving other than if one feels not impaired. No time frames.

The prescriber, a specialist, advises in writing that 6 hours post inhaling it would be worn off and often sooner than 6 hours. If I feel ok after 6hours I-consider it ok to drive having followed all medical advice.

1. If ones medical advice & product advises as mine does that 6hours is long enough and one feels ok to drive and is driving at 6.25 hours post previous inhalation thus meeting all medical advice will the oral fluid testing device indicate negative or positive result?
2. How-is one, feeling ok to drive and complying with manufacturer and prescriber, assured they will not return positives when past the medically given advised time of no driving and feeling ok to drive?
3. If one returns two positive oral fluid testing device results yet is following medical advice and feeling ok to drive will they be guilty of an offence requiring no driving for 12 hours and if so how does one know how long they must not drive if medical and manufacturer advice is met but positive results are returned?
4. If forbidden to drive for 12 hours yet following all advices and feeling ok how-is ones medical needs met when stuck on side of road? Medications ( more cannabis!, food, water rest other necessities)

Yours faithfully,

Gregory Soar

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The information contained in this email message is intended for the addressee only and may contain privileged information. It may also be subject to the provisions of section 50 of the Policing Act 2008, which creates an offence to have unlawful possession of Police property. If you are not the intended recipient of this message or have received this message in error, you must not peruse, use, distribute or copy this message or any of its contents. Also note, the views expressed in this message may not necessarily reflect those of the New Zealand Police. If you have received this message in error, please email or telephone the sender immediately

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From: Ministerial Services
New Zealand Police


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Tēnā koe Gregory,                             

 

Please find attached the response to your Official Information Act
request, received by New Zealand Police on 11/04/2025.

 

Ngā mihi

Jonelle|Advisor: Ministerial Services |([1]she/her)

Policy & Partnerships |Police National Headquarters |

 

 

===============================================================

WARNING

The information contained in this email message is intended for the
addressee only and may contain privileged information. It may also be
subject to the provisions of section 50 of the Policing Act 2008, which
creates an offence to have unlawful possession of Police property. If you
are not the intended recipient of this message or have received this
message in error, you must not peruse, use, distribute or copy this
message or any of its contents. Also note, the views expressed in this
message may not necessarily reflect those of the New Zealand Police. If
you have received this message in error, please email or telephone the
sender immediately

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