Documents underpinning statements made by the Minister of Police regarding the roadside drug testing regime
Nigel Gray made this Official Information request to Ministry of Justice
Currently waiting for a response from Ministry of Justice, they must respond promptly and normally no later than (details and exceptions).
From: Nigel Gray
Dear Ministry of Justice,
Under the Official Information Act 1982, I request the following information. Each item is discrete and may be answered independently.
1. BORA Analysis and Cabinet Papers
In his 25‑010 letter dated 24th March 2026, the Minister of Police, Hon Mark Mitchell, stated that:
“The implications of the regime for BORA protections were considered by Cabinet…”
Accordingly, please provide:
1. The full BORA assessment(s) prepared for Cabinet regarding the roadside drug testing regime that became operational on 15 December 2025.
2. Any legal advice, internal or external, relating to whether the roadside drug screening procedure constitutes a “medical procedure” under section 11 of the New Zealand Bill of Rights Act.
3. Any proportionality analysis, risk assessment, or rights‑impact evaluation considered by Cabinet or Ministers in relation to this regime.
2. Evidence for Safety and Scientific Claims
The Minister of Police also stated that:
“The DrugWipe 3 S has also been used safely in Australia for more than twenty years with no recorded harmful reactions.”
Please provide:
4. The evidence, reports, or data sources held by the Ministry of Justice that support this claim.
5. Any scientific validation studies, accuracy assessments, false‑positive/false‑negative rates, or environmental contamination analyses relating to the DrugWipe 3S that were considered during legislative vetting or BORA analysis.
6. Any internal evaluations comparing the DrugWipe 3S with alternative technologies, where such evaluations informed BORA or legislative assessments.
3. Operating Procedures and Device Selection Criteria
The Minister of Police further stated that:
“…a number of mitigations were introduced… including the development of the operating procedures and the selection of the devices to be used.”
Please provide:
7. Any operating procedures, device selection criteria, or risk‑mitigation documents held or reviewed by the Ministry of Justice during BORA vetting or legislative development.
8. Any risk assessments relating to invasiveness, bodily integrity, or procedural fairness that were considered as part of the Ministry’s BORA responsibilities.
4. Assessment of Alternative Technologies
The Minister of Police also stated that:
“The alternative technologies raised are still emerging and are not yet suitable for roadside enforcement…”
Please provide:
9. Any documents, evaluations, or advice held by the Ministry of Justice that relate to the assessment of alternative technologies for roadside drug testing.
10. Any comparative assessments between the DrugWipe 3S and alternative technologies that informed BORA or legislative analysis.
Format
Electronic copies are preferred. If any part of this request is refused, please provide the grounds for refusal and the title/date of each document withheld.
Yours Faithfully, Nigel Gray
From: OIA@justice.govt.nz
Ministry of Justice
Tēnā koe,
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Ngā mihi,
Communications and Ministerial Services | Corporate Services
Ministry of Justice
Justice Centre I Aitken Street
DX Box SX 10088 I Wellington
[2]www.justice.govt.nz
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From: OIA@justice.govt.nz
Ministry of Justice
Tēnā koe Nigel,
Thank you for contacting the Ministry of Justice (the Ministry).
We acknowledge receipt of your request under the Official Information Act
1982 (the Act).
This has been forwarded to the Policy Group to respond to.
The Ministry may publish the response to your request on our website. You
can expect that if the response is to be published that this will take
place at least 10 working days after the response has been sent you. Your
name and any other personal information will be withheld under Section
9(2)(a) (protect the privacy of natural persons) of the Act.
You can expect a response by 23/04/2026.
Ngā mihi
Ministerial Services
Communications and Ministerial Services |Corporate Services
Ministry of Justice | Tāhū o te Ture
DX Box SX 10088 | Wellington
[1]www.justice.govt.nz
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From: OIA@justice.govt.nz
Ministry of Justice
Tēnā koe Nigel
Thank you for your email of 24 March 2026, requesting information under
the Official Information Act 1982 (the Act), regarding roadside drug
testing.
This email is to advise that questions 4, 5, 6, 9 and 10 have been
transferred to the New Zealand Police (the Police), as the Ministry of
Justice does not hold the information requested, but believes that the
Police do. In these circumstances, we are required under section 14 of the
Act to partially transfer your request.
You can expect to hear further from the Police regarding the above parts
of your request, in due course.
Should you need to make contact regarding these parts of your request, you
can do so by email to: [1][email address]
If you are not satisfied with the way your request is being managed, you
have the right to make a complaint to the Ombudsman under section 28 of
the Act. The Office of the Ombudsman may be contacted by phone on: 0800
802 602, by email at: [email address], or via the webform:
[2]Make a complaint (for members of the public) | Ombudsman New Zealand.
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
[3]www.justice.govt.nz
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From: Ministerial Services
Kia ora Nigel
I acknowledge receipt of your Official Information Act 1982 (OIA) request
below, follows partial OIA transfer from Ministry of Justice to Police of
questions 4, 5, 6, 9, 10 only.
Your reference number is IR-01-26-11763.
You can expect a response to your request on or before 5 May 2026 unless
an extension is needed.
Ngā mihi, Michelle
Advisor - Police National Headquarters
From: [Ministry of Justice request email] <[Ministry of Justice request email]>
Sent: Wednesday, 8 April 2026 10:17 AM
To: '[FOI #34222 email]'
<[FOI #34222 email]>
Subject: Partial transfer: OIA131265 - Documents underpinning statements
made by the Minister of Police regarding the roadside drug testing regime
Tēnā koe Nigel
Thank you for your email of 24 March 2026, requesting information under
the Official Information Act 1982 (the Act), regarding roadside drug
testing.
This email is to advise that questions 4, 5, 6, 9 and 10 have been
transferred to the New Zealand Police (the Police), as the Ministry of
Justice does not hold the information requested, but believes that the
Police do. In these circumstances, we are required under section 14 of the
Act to partially transfer your request.
You can expect to hear further from the Police regarding the above parts
of your request, in due course.
Should you need to make contact regarding these parts of your request, you
can do so by email to: [1][email address]
If you are not satisfied with the way your request is being managed, you
have the right to make a complaint to the Ombudsman under section 28 of
the Act. The Office of the Ombudsman may be contacted by phone on: 0800
802 602, by email at: [2][email address], or via the webform:
[3]Make a complaint (for members of the public) | Ombudsman New Zealand.
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
[4]www.justice.govt.nz
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From: Nigel Gray
To: Ministry of Justice — Ministerial Services
Date: 9 April 2026
Subject: Clarification and Reconsideration of Partial Transfer — OIA Request of 24 March 2026
Tēnā koe,
Thank you for your email of 8 April 2026 advising that questions 4, 5, 6, 9 and 10 of my OIA request have been transferred to Police under section 14 of the Official Information Act 1982.
I am writing to request clarification and reconsideration of this transfer.
1. Basis for Transfer Under Section 14
Section 14 permits transfer only where the agency does not hold the information at all and believes it is held by another agency.
Each of the transferred questions was expressly framed as:
information held by the Ministry of Justice,
information reviewed by the Ministry of Justice, or
information considered by the Ministry of Justice during BORA vetting or legislative development.
These questions relate directly to the Ministry’s statutory responsibilities for:
Bill of Rights Act vetting,
proportionality and rights‑impact analysis,
legislative quality assurance, and
Cabinet paper development.
Given these responsibilities, it is unclear how the Ministry could hold no information whatsoever relating to:
scientific or evidential material provided to the Ministry during legislative development,
any validation or accuracy information relied upon during BORA analysis, or
any comparative or alternative‑technology assessments considered as part of the Ministry’s vetting role.
For clarity, I am not asking for Police operational documents.
I am asking for documents held or used by the Ministry of Justice in fulfilling its BORA and legislative functions.
2. Request for Confirmation of Non‑Possession
To ensure the transfer complies with section 14, please confirm:
Whether the Ministry holds any scientific, evidential, validation, accuracy, or comparative‑technology material that was provided to the Ministry by Police or any other agency during the development of the roadside drug testing regime.
Whether the Ministry holds any documents that informed its BORA assessment, proportionality analysis, or legislative vetting relating to the DrugWipe 3S or alternative technologies.
If the Ministry holds no such information, please confirm this explicitly for each of questions 4, 5, 6, 9 and 10.
If the Ministry does hold relevant information, please reconsider the transfer and process those parts of the request accordingly.
3. Purpose of This Clarification
This clarification is necessary to ensure:
the transfer complies with section 14,
the Ministry’s statutory BORA responsibilities are properly reflected, and
the record is clear regarding what information the Ministry did or did not rely upon during legislative vetting.
4. Request for Reconsideration
If the Ministry does hold any information responsive to questions 4, 5, 6, 9 or 10, I request that the transfer be withdrawn in part or in full, and that the Ministry respond directly to those questions.
If the Ministry does not hold any such information, I request written confirmation of non‑possession for each question.
Yours sincerely,
Nigel Gray
From: Ministerial Services
Kia ora Nigel
The reason for the partial transfer was stated in the transfer notification email that Ministry of Justice sent you:
"This email is to advise that questions 4, 5, 6, 9 and 10 have been transferred to the New Zealand Police (the Police), as the Ministry of Justice does not hold the information requested, but believes that the Police do. In these circumstances, we are required under section 14 of the Act to partially transfer your request."
Ministry of Justice consulted with Police prior to the transfer, Police confirmed that the National Road Policing team hold information relating to these questions, hence the transfer was conducted.
I have copied in Ministry of Justice to this email, for their agency to address the issues you raise below.
You can also make a complaint to the Ombudsman regarding the transfer, should you wish.
Ngā mihi, Michelle
Advisor - Ministerial Services
NZ Police National Headquarters Wellington
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From: OIA@justice.govt.nz
Ministry of Justice
Tēnā koe Nigel
For some additional clarity around this transfer, I can advise that it is
standard practice for an agency to transfer a request (either partially or
fully) to another agency whereby they do not hold the specific information
requested [section 14(b)(i)], or, if the information requested more
closely relates to the functions of another agency [section 14(b)(ii)].
Agencies prefer to do this instead of refusing a request if the
information is not held, so that a requestor can still receive the
information they have requested.
In this instance, your request was partially transferred to the Police as
the Ministry does not hold the specific information requested. However, we
should have also transferred under the grounds that the information you
have requested more closely relates to the functions of the Police. Please
accept our apologies for this error.
You have subsequently asked us to confirm:
Whether the Ministry holds any scientific, evidential, validation,
accuracy, or comparative‑technology material that was provided to the
Ministry by Police or any other agency during the development of the
roadside drug testing regime.
Whether the Ministry holds any documents that informed its BORA
assessment, proportionality analysis, or legislative vetting relating to
the DrugWipe 3S or alternative technologies.
Regarding your first point above, you have specifically requested
information that the Police provided to the Ministry. This is therefore
considered to be Police information and is therefore transferred to the
Police for response under section 14(b)(ii) of the Act.
Regarding the second point, the Ministry holds no information specifically
relating to DrugWipe 3S or alternative technologies and is therefore
transferred to the Police under section 14(b)(i) of the Act.
The transfer to the Police stands as made, with the amendment that it is
made under sections 14(b)(i) and 14(b)(ii) of the Act.
If you would prefer that the Police does not respond to the parts
transferred, the Ministry will respond with the appropriate refusals for
each part of your request.
Please advise what you would prefer.
If you are not satisfied with the way your request is being managed, you
have the right to make a complaint to the Ombudsman under section 28 of
the OIA. The Office of the Ombudsman may be contacted by phone on: 0800
802 602, by email at: [email address], or via the webform:
Make a complaint (for members of the public) | Ombudsman New Zealand.
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
www.justice.govt.nz
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From: Nigel Gray
Dear [email address],
Subject: Response to Clarification — OIA Request of 24 March 2026
Tēnā koe,
Thank you for your email of 9 April.
I note the Ministry’s updated position that the transfer should have been made under both sections 14(b)(i) and 14(b)(ii). I also note the Ministry’s statements that:
the Ministry holds no information specifically relating to DrugWipe 3S or alternative technologies, and
any information provided to the Ministry by Police is considered “Police information” for the purposes of the OIA.
For clarity, information held by an agency is that agency’s information, regardless of origin. If the Ministry received information from Police and used it for BORA vetting, proportionality analysis, or legislative development, it is held by the Ministry for the purposes of the Act.
Given the Ministry’s position, I request that the Ministry issue formal decisions for questions 4, 5, 6, 9 and 10, including:
the specific withholding or refusal grounds relied upon for each question, and
explicit confirmation of non‑possession where applicable.
I am content for Police to continue processing the transferred parts of the request.
Yours sincerely,
Nigel Gray
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