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