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[email address] | www.justice.govt.nz
22 April 2026
Nigel Gray
[FYI request #34222 email]
Ref: OIA 131265
Tēnā koe Nigel
Official Information Act request: Land Transport (Drug Driving) Amendment Bil
Thank you for your email of 24 March 2026 to the Ministry of Justice (the Ministry),
requesting information under the Of icial Information Act 1982 (the Act), regarding the Land
Transport (Drug Driving) Amendment Bil (the Bill). Specifically, you requested:
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 Bil 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 3S 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 stil
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.
On 8 March 2026, the Ministry transferred parts 4, 5, 6, 9 and 10 to the New Zealand Police
(the Police) under section 14(b)(i) of the Act, as the Ministry does not hold the information
requested, and under section 14(b)(i ) of the Act, as the information requested more closely
relates to the functions of the Police.
On 9 March 2026, you disputed this transfer and requested that the Ministry responds to
each part specifically. I note that the Police accepted the transfer and you were happy for
them to continue processing those parts of your request.
Before responding to each part of your request, I provide some contextual information
around the Ministry’s involvement in the testing regime.
Roadside drug driving testing was implemented in several stages:
•
The Land Transport (Drug Driving) Amendment Bil was introduced to the House of
Representatives on 29 July 2024 and received Royal Assent on 29 March 2025.
•
The Land Transport (Drug Driving) Amendment Act 2025 Commencement Order
and 2025 Land Transport (Oral Fluid Samples) Regulations 2025 were made by
Order in Council on 10 November 2025.
• The Minister of Police published t
he Land Transport (Approved Oral Fluid Screening
Device) Notice 2025 and
Land Transport (Concentration Level of Listed Qualifying
Drugs) Notice 2025 on 11 November 2025.
•
The Land Transport (Drug Driving) Amendment Act 2025 (Amendment Act),
regulations, and notices came into force on 15 December 2025.
The Ministry’s roles varied across the dif erent phases of this work. Officials advised the
Attorney-General about the Bill’s consistency with the New Zealand Bil of Rights Act 1990
(NZBORA), but regulations and other secondary legislation are not vetted by officials.
For Government Bil s, officials advise the Attorney-General before Cabinet consideration.
The Attorney-General considers officials’ advice and forms their own conclusions. Ministers
also provide their own view of NZBORA consistency when seeking Cabinet’s approval to
introduce legislation.
A section 7 report is made when the At orney-General determines that a Bill limits New
Zealanders’ rights and freedoms in a way or to an extent that cannot be justified in a free
and democratic society. In these cases, the section 7 report is published rather than the
advice of officials, and the Attorney-General retains legal professional privilege in respect of
unpublished advice.
Each of your requests are responded to, in turn, below.
Please refer to
Table 1 below for the documents in scope of parts 1, 3, 7 and 8 of your
request and my decision on their release to you. The information being released are
attached to this response as
Appendix 1. Some information has been withheld or refused
under the following provisions of the Act:
• section 9(2)(a) to protect the privacy of natural persons,
• section 9(2)(ba)(i) to protect information subject to an obligation of confidence,
• section 9(2)(h) to maintain legal professional privilege, and
• section 18(d) of the Act as the information is publicly available.
In withholding information under section 9 of the Act, the Ministry has considered the public
interest and does not consider that it outweighs withholding the information at this time.
Part 2 of your request is refused under section 18(e) of the Act, as the document(s) alleged
to contain the information requested do not exist. The Ministry did not produce or procure
any advice on whether the Bil engages s 11 of NZBORA (“the right to refuse to undergo any
medical treatment”).
The Ministry attempted to transfer part 2 of your request to The Ministry of Transport (MoT)
under section 14(b)(i) of the Act, however this was declined. You may wish to contact MoT
directly for this information. Contact can be made to: [email address].
Parts 4, 5, 6, 9 and 10 of your request are refused under section 18(e) of the Act, as the
document(s) alleged to contain the information requested do not exist.
The Ministry was not involved in the assessment or selection of technology for roadside drug
testing. When the Bil was assessed for consistency with NZBORA, the equipment that
would be used to carry out the oral fluid screening test was unknown. Therefore, while the
Attorney-General’s section 7 report considers some of the concerns you have raised, such
as device accuracy and invasiveness, it does so in general terms. The At orney-General also
notes where their analysis relies on assumptions or is limited by incomplete information.
The Police undertook the procurement process for the oral fluid testing equipment. In
February 2025, the Police issued a request for proposal to find a suitable provider. The
Securetec DrugWipe® 3 S was selected and approved through the Land Transport
(Approved Oral Fluid Screening Device) Notice 2025 in December 2025.
As the Police accepted transfer of parts 4, 5, 6, 9 and 10 of your request, you will hear from
the Police directly, in due course.
Please note that this response, with your personal details removed, may be published on the
Ministry’s website at:
Of icial Information Act responses | New Zealand Ministry of Justice.
If you are not satisfied with this response, 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:
Make a complaint (for members of the public) | Ombudsman New Zealand.
Nāku noa, nā
Kathy Brightwell
General Manager, Civil and Constitutional Policy Group
Table 1: Documents in scope of request
Doc no. Date
Document type
Title
Decision on release under the Act
1.
28/02/2023 Briefing
Oral Fluid Testing Advice
Withheld in full under s9(2)(h)
Refused under s18(d) – information publicly
2.
19/04/2023 Regulatory Impact Legislative Amendments to Enable Roadside Oral
Statement
Fluid Testing
available at:
RIS: Legislative amendments to
enable roadside oral fluid testing
Refused under s18(d) – information publicly
3.
08/05/2024 Cabinet paper
Legislative Amendments to Enable Roadside Oral
Fluid Screening Tests
available at:
Enabling Roadside Oral Fluid
Screening Tests Legislative Amendments
4.
18/07/2024 Letter
Letter to Ministry of Justice re Oral Fluid Testing Bil Withheld in full under ss 9(2)(ba)(i) and 9(2)(h)
5.
19/07/2024 Briefing
Advice on the consistency of the Land Transport
(Drug Driving) Amendment Bill with NZBORA
Withheld in full under s9(2)(h)
6.
25/07/2024 Aide memoire
Further information to support your consideration of
the Land Transport (Drug Driving) Amendment Bil Withheld in full under s9(2)(h)
Refused under s18(d) – information publicly
7.
25/07/2024 Cabinet paper
Land Transport (Drug Driving) Amendment Bil :
Approval for Introduction
available at:
Land Transport (Drug Driving)
Amendment Bil : Approval for Introduction
8.
26/07/2024 Email
Update to the Minister - NZBORA advice on the
Land Transport (Drug Driving) Amendment Bil
Withheld in part under s9(2)(a) and s9(2)(h)
Report of the Attorney-General under the New
Refused under s18(d) – information publicly
9.
29/07/2024 Report
Zealand Bil of Rights Act 1990 on the Land
available at:
Report - Land Transport Drug
Transport (Drug Driving) Amendment Bil
Driving Amendment Bil
