Road side drug tests.....
Hayden made this Official Information request to New Zealand Transport Agency
Currently waiting for a response from New Zealand Transport Agency, they must respond promptly and normally no later than (details and exceptions).
From: Hayden
Dear New Zealand Transport Agency,
SECTION 1: DEVICE VALIDATION AND ACCURACY
(a) All validation studies, accuracy assessments, and independent testing results for the Securetec DrugWipe 3S considered during procurement
(b) The false positive rate and false negative rate for each tested substance when compared to confirmatory blood testing (real and estimated)
(c) Whether you were aware of international accuracy concerns, specifically:
Finnish National Institute for Health and Welfare data on false positive rates
University of Sydney Lambert Initiative findings on sensitivity and accuracy
UK and Swiss police field testing results
(d) The evidential basis for concluding the DrugWipe 3S is fit for purpose given documented international performance issues
SECTION 2: STATISTICAL BASIS AND METHODOLOGY
(e) All analysis, reports, or calculations distinguishing between:
Road fatalities where drugs were present in the deceased driver's system
Road fatalities where drugs were determined to have caused or contributed to the crash
(f) Specific breakdown of the widely cited "30% of road deaths involve drugs" statistic, including:
How many involved THC alone vs. THC combined with alcohol or other drugs
Causality analysis (presence vs. impairment vs. crash causation)
Source data and methodology
SECTION 3: POPULATION IMPACT ESTIMATES
(g) Estimates or calculations of:
Number and percentage of New Zealanders who regularly take Schedule 5 medications (by drug category)
Number of medicinal cannabis prescription holders
Geographic distribution (urban vs. regional/rural)
(h) Assessment of health and safety risks to Schedule 5 medication users who may:
Cease taking prescribed medications to avoid testing positive (health deterioration, pain-related impairment while driving)
Cease driving entirely (social isolation, delayed healthcare access, unemployment)
SECTION 4: FINANCIAL COSTS
(i) Itemized programme costs, including:
Cost per DrugWipe 3S unit
Cost per oral fluid collection kit for laboratory analysis
Annual procurement budget (devices and consumables)
Laboratory confirmatory testing costs per sample
Officer training costs (development and delivery)
IT systems development and maintenance
Administrative processing costs
Total first-year cost and projected ongoing annual costs
(j) Disposal costs:
Cost per test for biohazardous waste disposal
Annual waste management budget
Environmental impact assessment of 50,000+ single-use devices annually
(k) Enforcement resource allocation:
Average officer time per test (including administration and paperwork)
Officer hours diverted from other policing activities annually
Cost-benefit comparison: drug testing vs. alternative policing priorities
(l) Long-term cost projections:
Expected legal challenge defense costs
Ombudsman and Human Rights Commission complaint processing costs
Mandated 3-year independent review budget
Contingency budget for programme modifications or discontinuation
SECTION 5: EXPECTED BENEFITS AND COST-EFFECTIVENESS
(m) Quantified expected benefits:
Expected reduction in road crashes per year (number)
Expected reduction in fatalities per year (number)
Expected reduction in serious injuries per year (number)
Methodology and data sources used to calculate these projections
(n) Cost-effectiveness analysis:
Cost per life saved (or expected to be saved)
Cost per serious injury prevented
Break-even point: minimum crashes/fatalities that must be prevented to justify programme cost
(o) Comparative analysis with alternative road safety interventions:
Cost-effectiveness comparison with: increased alcohol testing, road safety campaigns, fatigue detection systems, infrastructure improvements, vehicle safety standards
Evidential basis for prioritizing drug testing over alternatives
(p) Net benefit calculation:
Overall cost-benefit ratio
Whether a formal Regulatory Impact Assessment was completed (if so, please provide)
SECTION 6: PROCUREMENT PROCESS
(q) Tender and device selection documentation:
Tender process records
Alternative devices and manufacturers considered
Evaluation criteria and scoring matrix
Whether independent (non-manufacturer) validation was required
Conflicts of interest declarations from decision-makers
SECTION 7: FALSE POSITIVE AND MEDICAL DEFENSE IMPACTS
(r) False positive management:
Expected number of false positive tests annually based on device accuracy data
Estimated economic cost to drivers wrongly subjected to 12-hour bans (lost wages, stranded, missed appointments)
Compensation mechanism for confirmed false positives
Administrative cost of processing medical defence applications
(s) Revenue projections:
Expected annual revenue from infringement fines
Comparison: fine revenue vs. total programme cost
SECTION 8: MOBILITY AND ACCESSIBILITY IMPACTS
(t) Whether assessments were conducted on:
Public transport availability in regions where testing will occur
How Schedule 5 medication users in areas with inadequate public transport are expected to maintain employment and access essential services if unable to drive
Employment impacts for workers who drive professionally and take prescribed Schedule 5 medications
(u) Alternative transport considerations:
Estimated financial burden on affected individuals relying on taxis/rideshare
Whether subsidies or transport assistance were considered
Comparison with existing disability transport schemes
SECTION 9: EQUITY AND HUMAN RIGHTS
(v) Whether analysis was conducted on:
Geographic equity (urban vs. rural/regional impacts)
Demographic equity by income, age, ethnicity, and disability status
Disproportionate impacts on Māori and Pacific peoples
Treaty of Waitangi obligations
(w) Whether the regime was assessed for compliance with:
New Zealand Bill of Rights Act 1990 (specific legal advice received)
Human Rights Act 1993 (disability discrimination, indirect racial discrimination)
Convention on the Rights of Persons with Disabilities (Article 20: Personal mobility)
(i have read the JUDITH COLLINS' NZBORA REPORT and it seems like you guys are violating the bill of rights implementing this but im not a lawyer but this is devastating language from the Attorney-General. She's not just saying "there are concerns" — she's saying the Bill violates fundamental rights and the violation cannot be justified. https://bills.parliament.nz/download/Pap...)
apparently the lawyers agree
(https://www.lawsociety.org.nz/assets/Law...)
(w.2) The Attorney-General's report states that requiring officers to have reason to suspect drug consumption before testing would make the regime less likely to be inconsistent with s 22. Please provide:
All advice on why this recommendation was not adopted
Policy analysis weighing rights protection vs. enforcement convenience
Whether any modelling was done on how requiring suspicion would affect testing numbers or road safety outcomes
(x) Legal advice on whether restricting driving for people taking legally prescribed medications constitutes unlawful discrimination
(y) Whether alternatives to blanket restrictions were considered (impairment-based testing, functional assessments, conditional licenses)
SECTION 10: CONSULTATION
(z) List of organizations consulted during policy development, including:
Patient advocacy groups
Disability rights organizations
Chronic pain associations
Medicinal cannabis clinics and prescribers
Māori health providers
Employment/labour organizations
(aa) Copies of submissions or feedback received, particularly regarding:
Mobility and accessibility concerns
Impacts on medicinal cannabis patients and Schedule 5 prescription users
How concerns were addressed or reasons for dismissal
SECTION 11: INTERNATIONAL COMPARISONS
(ab) Evidence from comparable jurisdictions:
Cost-benefit data from Australian states with roadside drug testing
Measured crash reduction outcomes in jurisdictions with vs. without drug testing
Any evidence of jurisdictions discontinuing programmes due to cost-ineffectiveness or accuracy concerns
How other countries addressed medicinal cannabis and prescription medication exemptions
Yours faithfully,
Hayden
From: Official Correspondence
New Zealand Transport Agency
Kia ora Hayden
This email acknowledges your below request for information made under the Official Information Act 1982.
Your request has been forwarded to the appropriate section of NZ Transport Agency Waka Kotahi for response. They will contact you if they require clarification of your request, more time to respond, or if your request has been transferred to another organisation to respond to. Unless more time is required, NZ Transport Agency will send a response to you within 20 working days of receiving your request – in this instance on or before 2 February 2026.
Please note the summer holiday period for Official Information Act requests runs from 25 December to 15 January each year and means these days are not counted as working days. You can find out more about OIA timeframes during the Christmas period at: http://www.ombudsman.parliament.nz/.
If you would like to discuss your request with NZ Transport Agency, please contact us by email at [NZTA request email].
Ngâ mihi
Ministerial Services
Te Waka Kôtuia | Engagement & Partnerships
NZ Transport Agency Waka Kotahi
Connect with us on Social Media
show quoted sections
From: Official Correspondence
New Zealand Transport Agency
Kia ora Hayden
Transferring the request you made under the Official Information Act 1982
Thank you for your email below requesting information under the Official
Information Act 1982 (the Act).
The information you have requested is more closely connected with the
functions of NZ Police, Ministry of Transport, Health New Zealand (Te
Whatu Ora) and Ministry of Justice than with NZ Transport Agency Waka
Kotahi. Therefore, NZ Transport Agency is transferring parts of your
request to these agencies under section 14 of the Act. Please refer to the
below table for which parts have been transferred to which agency.
Part of the Request Agency responsible
SECTION 1: DEVICE VALIDATION AND ACCURACY NZ Police
SECTION 2: STATISTICAL BASIS AND METHODOLOGY NZTA
SECTION 3: POPULATION IMPACT ESTIMATES Health
SECTION 4: FINANCIAL COSTS NZ Police
SECTION 5: EXPECTED BENEFITS AND MoT
COST-EFFECTIVENESS
SECTION 6: PROCUREMENT PROCESS NZ Police
SECTION 7: FALSE POSITIVE AND MEDICAL DEFENSE NZ Police
IMPACTS
SECTION 8: MOBILITY AND ACCESSIBILITY IMPACTS MoT
SECTION 9: EQUITY AND HUMAN RIGHTS MoT and Ministry of Justice
SECTION 10: CONSULTATION MoT
SECTION 11: INTERNATIONAL COMPARISONS MoT
The time limit for their response to you is 20 working days from 17
December 2025 so you can expect a response from the above agencies on or
before 5 February 2026.
Please note the summer holiday period for Official Information Act
requests runs from 25 December to 15 January each year and means these
days are not counted as working days. You can find out more about OIA
timeframes during the Christmas period at:
[1]http://www.ombudsman.parliament.nz/.
Ngā mihi
Ministerial Services
Te Waka Kōtuia | Engagement & Partnerships
NZ Transport Agency Waka Kotahi
[2]Connect with us on Social Media
[3][IMG]
show quoted sections
From: hnzOIA
Tçnâ koe, Hayden
Thank you for your email of 13 December 2025 transferred from the New
Zealand Transport Agency.
Under the Official Information Act (OIA), agencies are required to respond
to requests for official information as soon as reasonably practicable and
no later than 20 working days after receiving them.
Please note that the period from 25 December 2025 to 15 January 2026
(inclusive) is not counted as working days under the OIA. As a result, any
OIA requests received on or after 29 November 2025 may take longer to
process than usual, as the maximum response timeframe may extend into the
new year.
If your request is for data that Health NZ holds, please
check [1]Lighthouse to see if the data you are seeking is already
published. If the information is published please let us know by replying
to this email saying you no longer need this information.
Lighthouse is a searchable catalogue that makes a range of data and
analytics products available to New Zealanders to enable easier, faster
access to insights about health services.
You can find further information about how OIA timeframes are calculated,
including the Ombudsman’s OIA calculator, at the link below:
[2]Official information calculators | Ombudsman New Zealand
We will provide a response to your request in line with the statutory
timeframes set out in the OIA.
We appreciate your understanding and patience during this time.
Ngâ mihi,
Health NZ | Te Whatu Ora
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From: OIA@justice.govt.nz
Tēnā koe Hayden,
We acknowledge receipt of your request, which has been partially
transferred from NZ Transport Agency Waka Kotahi to the Ministry of
Justice, under the Official Information Act 1982.
This has been forwarded onto the relevant business unit to action.
You can expect a response by 5 February 2026. This response date takes
into account the OIA summer holidays which are between 25 December 2025 –
15 January 2026.
Ngā mihi nui,
Ministerial Services
Communications and Ministerial Services | Corporate Services
Ministry of Justice | Tāhū o te Ture [1]justice.govt.nz
From: Official Correspondence <[email address]>
Sent: Wednesday, 17 December 2025 10:22 am
To: [FOI #33252 email]
Subject: OIA-20630 NOTIFICATION OF TRANSFER
Kia ora Hayden
Transferring the request you made under the Official Information Act 1982
Thank you for your email below requesting information under the Official
Information Act 1982 (the Act).
The information you have requested is more closely connected with the
functions of NZ Police, Ministry of Transport, Health New Zealand (Te
Whatu Ora) and Ministry of Justice than with NZ Transport Agency Waka
Kotahi. Therefore, NZ Transport Agency is transferring parts of your
request to these agencies under section 14 of the Act. Please refer to the
below table for which parts have been transferred to which agency.
Part of the Request Agency responsible
SECTION 1: DEVICE VALIDATION AND ACCURACY NZ Police
SECTION 2: STATISTICAL BASIS AND METHODOLOGY NZTA
SECTION 3: POPULATION IMPACT ESTIMATES Health
SECTION 4: FINANCIAL COSTS NZ Police
SECTION 5: EXPECTED BENEFITS AND MoT
COST-EFFECTIVENESS
SECTION 6: PROCUREMENT PROCESS NZ Police
SECTION 7: FALSE POSITIVE AND MEDICAL DEFENSE NZ Police
IMPACTS
SECTION 8: MOBILITY AND ACCESSIBILITY IMPACTS MoT
SECTION 9: EQUITY AND HUMAN RIGHTS MoT and Ministry of Justice
SECTION 10: CONSULTATION MoT
SECTION 11: INTERNATIONAL COMPARISONS MoT
The time limit for their response to you is 20 working days from 17
December 2025 so you can expect a response from the above agencies on or
before 5 February 2026.
Please note the summer holiday period for Official Information Act
requests runs from 25 December to 15 January each year and means these
days are not counted as working days. You can find out more about OIA
timeframes during the Christmas period at:
[2]http://www.ombudsman.parliament.nz/.
Ngā mihi
Ministerial Services
Te Waka Kōtuia | Engagement & Partnerships
NZ Transport Agency Waka Kotahi
[3]Connect with us on Social Media
[4][IMG]
show quoted sections
From: OIA
Kia ora Hayden,
On behalf of the Ministry of Transport, I acknowledge the partial transfer
of your Official Information Act request on 17 December 2025 seeking:
“SECTION 5: EXPECTED BENEFITS AND COST-EFFECTIVENESS
(m) Quantified expected benefits:
Expected reduction in road crashes per year (number)
Expected reduction in fatalities per year (number)
Expected reduction in serious injuries per year (number)
Methodology and data sources used to calculate these projections
(n) Cost-effectiveness analysis:
Cost per life saved (or expected to be saved)
Cost per serious injury prevented
Break-even point: minimum crashes/fatalities that must be prevented to
justify programme cost
(o) Comparative analysis with alternative road safety interventions:
Cost-effectiveness comparison with: increased alcohol testing, road safety
campaigns, fatigue detection systems, infrastructure improvements, vehicle
safety standards
Evidential basis for prioritizing drug testing over alternatives
(p) Net benefit calculation:
Overall cost-benefit ratio
Whether a formal Regulatory Impact Assessment was completed (if so,
please provide)
SECTION 8: MOBILITY AND ACCESSIBILITY IMPACTS
(t) Whether assessments were conducted on:
Public transport availability in regions where testing will occur
How Schedule 5 medication users in areas with inadequate public
transport are expected to maintain employment and access essential
services if unable to drive
Employment impacts for workers who drive professionally and take
prescribed Schedule 5 medications
(u) Alternative transport considerations:
Estimated financial burden on affected individuals relying on
taxis/rideshare
Whether subsidies or transport assistance were considered
Comparison with existing disability transport schemes
SECTION 9: EQUITY AND HUMAN RIGHTS
(v) Whether analysis was conducted on:
Geographic equity (urban vs. rural/regional impacts)
Demographic equity by income, age, ethnicity, and disability status
Disproportionate impacts on Māori and Pacific peoples
Treaty of Waitangi obligations
(w.2) The Attorney-General's report states that requiring officers to have
reason to suspect drug consumption before testing would make the regime
less likely to be inconsistent with s 22. Please provide:
All advice on why this recommendation was not adopted
Policy analysis weighing rights protection vs. enforcement convenience
Whether any modelling was done on how requiring suspicion would affect
testing numbers or road safety outcomes
(x) Legal advice on whether restricting driving for people taking legally
prescribed medications constitutes unlawful discrimination
(y) Whether alternatives to blanket restrictions were considered
(impairment-based testing, functional assessments, conditional licenses)
SECTION 10: CONSULTATION
(z) List of organizations consulted during policy development, including:
Patient advocacy groups
Disability rights organizations
Chronic pain associations
Medicinal cannabis clinics and prescribers
Māori health providers
Employment/labour organizations
(aa) Copies of submissions or feedback received, particularly regarding:
Mobility and accessibility concerns
Impacts on medicinal cannabis patients and Schedule 5 prescription
users
How concerns were addressed or reasons for dismissal
SECTION 11: INTERNATIONAL COMPARISONS
(ab) Evidence from comparable jurisdictions:
Cost-benefit data from Australian states with roadside drug testing
Measured crash reduction outcomes in jurisdictions with vs. without
drug testing
Any evidence of jurisdictions discontinuing programmes due to
cost-ineffectiveness or accuracy concerns
How other countries addressed medicinal cannabis and prescription
medication exemptions”
We will endeavour to respond to your request as soon as possible, and in
any event no later than 5 February 2026 being 20 working days after the
day your request was received. If we are unable to respond to your request
by then, we will notify you of an extension of that timeframe.
The Ministry publishes Official Information Act responses on our website
when there may be wider interest in the information released. This means
the information provided to you might be published after you have received
it.
Ngā mihi nui,
Harry (He / Him)
Kaitohutohu - Ratonga Minita |OIA Adviser - Ministerial and Executive
Services
From: Official Correspondence <[email address]>
Sent: Wednesday, 17 December 2025 10:22 am
To: [FOI #33252 email]
Subject: OIA-20630 NOTIFICATION OF TRANSFER
Kia ora Hayden
Transferring the request you made under the Official Information Act 1982
Thank you for your email below requesting information under the Official
Information Act 1982 (the Act).
The information you have requested is more closely connected with the
functions of NZ Police, Ministry of Transport, Health New Zealand (Te
Whatu Ora) and Ministry of Justice than with NZ Transport Agency Waka
Kotahi. Therefore, NZ Transport Agency is transferring parts of your
request to these agencies under section 14 of the Act. Please refer to the
below table for which parts have been transferred to which agency.
Part of the Request Agency responsible
SECTION 1: DEVICE VALIDATION AND ACCURACY NZ Police
SECTION 2: STATISTICAL BASIS AND METHODOLOGY NZTA
SECTION 3: POPULATION IMPACT ESTIMATES Health
SECTION 4: FINANCIAL COSTS NZ Police
SECTION 5: EXPECTED BENEFITS AND MoT
COST-EFFECTIVENESS
SECTION 6: PROCUREMENT PROCESS NZ Police
SECTION 7: FALSE POSITIVE AND MEDICAL DEFENSE NZ Police
IMPACTS
SECTION 8: MOBILITY AND ACCESSIBILITY IMPACTS MoT
SECTION 9: EQUITY AND HUMAN RIGHTS MoT and Ministry of Justice
SECTION 10: CONSULTATION MoT
SECTION 11: INTERNATIONAL COMPARISONS MoT
The time limit for their response to you is 20 working days from 17
December 2025 so you can expect a response from the above agencies on or
before 5 February 2026.
Please note the summer holiday period for Official Information Act
requests runs from 25 December to 15 January each year and means these
days are not counted as working days. You can find out more about OIA
timeframes during the Christmas period at:
[1]http://www.ombudsman.parliament.nz/.
Ngā mihi
Ministerial Services
Te Waka Kōtuia | Engagement & Partnerships
NZ Transport Agency Waka Kotahi
[2]Connect with us on Social Media
[3][IMG]
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From: OIA@justice.govt.nz
Tēnā koe Hayden
Further to the below, the relevant business has advised that section 9 of
your request does not sit with the Ministry of Justice and should not have
been transferred to us.
NZ Transport Agency Waka Kotahi has been advised their transfer is
declined. You will hear further from them regarding that part of your
request, in due course.
Ngā mihi nui | Kind regards,
Ministerial Services
Ministry of Justice | Tāhū o te Ture
Level 4 Justice Centre | Aitken Street
DX Box SX 10088 | Wellington
[1]www.justice.govt.nz
From: [email address] <[email address]>
Sent: Wednesday, 17 December 2025 1:55 p.m.
To: [FOI #33252 email]
Subject: OIA partial transfer to MoJ (ref: 128848)
Tēnā koe Hayden,
We acknowledge receipt of your request, which has been partially
transferred from NZ Transport Agency Waka Kotahi to the Ministry of
Justice, under the Official Information Act 1982.
This has been forwarded onto the relevant business unit to action.
You can expect a response by 5 February 2026. This response date takes
into account the OIA summer holidays which are between 25 December 2025 –
15 January 2026.
Ngā mihi nui,
Ministerial Services
Communications and Ministerial Services | Corporate Services
Ministry of Justice | Tāhū o te Ture [2]justice.govt.nz
From: Official Correspondence
Sent: Wednesday, 17 December 2025 10:22 am
To: [3][FOI #33252 email]
Subject: OIA-20630 NOTIFICATION OF TRANSFER
Kia ora Hayden
Transferring the request you made under the Official Information Act 1982
Thank you for your email below requesting information under the Official
Information Act 1982 (the Act).
The information you have requested is more closely connected with the
functions of NZ Police, Ministry of Transport, Health New Zealand (Te
Whatu Ora) and Ministry of Justice than with NZ Transport Agency Waka
Kotahi. Therefore, NZ Transport Agency is transferring parts of your
request to these agencies under section 14 of the Act. Please refer to the
below table for which parts have been transferred to which agency.
Part of the Request Agency responsible
SECTION 1: DEVICE VALIDATION AND ACCURACY NZ Police
SECTION 2: STATISTICAL BASIS AND METHODOLOGY NZTA
SECTION 3: POPULATION IMPACT ESTIMATES Health
SECTION 4: FINANCIAL COSTS NZ Police
SECTION 5: EXPECTED BENEFITS AND MoT
COST-EFFECTIVENESS
SECTION 6: PROCUREMENT PROCESS NZ Police
SECTION 7: FALSE POSITIVE AND MEDICAL DEFENSE NZ Police
IMPACTS
SECTION 8: MOBILITY AND ACCESSIBILITY IMPACTS MoT
SECTION 9: EQUITY AND HUMAN RIGHTS MoT and Ministry of Justice
SECTION 10: CONSULTATION MoT
SECTION 11: INTERNATIONAL COMPARISONS MoT
The time limit for their response to you is 20 working days from 17
December 2025 so you can expect a response from the above agencies on or
before 5 February 2026.
Please note the summer holiday period for Official Information Act
requests runs from 25 December to 15 January each year and means these
days are not counted as working days. You can find out more about OIA
timeframes during the Christmas period at:
[4]http://www.ombudsman.parliament.nz/.
Ngā mihi
Ministerial Services
Te Waka Kōtuia | Engagement & Partnerships
NZ Transport Agency Waka Kotahi
[5]Connect with us on Social Media
[6][IMG]
show quoted sections
Things to do with this request
- Add an annotation (to help the requester or others)
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Frank Reading left an annotation ()
What will the grounds be for police escalating from the $400, 75 demerit fine for refusal to give saliva, to the compulsory blood test, refusing which can result in imprisonment? If this is a subjective judgement of affect, is there a requirement for a consensus opinion or is it at the discretion of a single officer whether a blood sample is demanded. Has consideration been given to the potential for discrimination against neurodiverse and differently abled people who may appear impaired to a police officer without medical or psychological expertise?
Link to this