Document 8
From:
s9(2)(a)
To:
Robertson, Kathleen
Cc:
s9(2)(a) Johnston, Anna; Crooke, David; [email address]; s9(2)(a)
1982
Subject:
RE: NZBORA advice on the Land Transport (Drug Driving) Amendment Bill
Date:
Friday, 26 July 2024 13:32:35
Thanks Kathleen! This is exactly what I was after
ACT 
Cheers,
s9(2)(a)
s9(2)(a)
Private Secretary – Justice | Office of Hon Paul Goldsmith
Minister for Arts Culture and Heritage | Minister of Justice | Minister for Media and Communications
Minister for State Owned Enterprises | Minister for Treaty of Waitangi Negotiations 
Mobile:s9(2)(a)
| Email s9(2)(a) @parliament.govt.nz
Private Bag 18041, Parliament Buildings, Wellington 6160, New Zealand
Authorised by Hon Paul Goldsmith, Parliament Buildings, Wellington
From: Robertson, Kathleen <[email address]> 
Sent: Friday, July 26, 2024 1:31 PM
To: s9(2)(a)
@parliament.govt.nz>
INFORMATION 
Cc: s9(2)(a)
@parliament.govt.nz>; Johnston, Anna <[email address]>;
Crooke, David <[email address]>; [email address]; s9(2)(a)
Subject: NZBORA advice on the Land Transport (Drug Driving) Amendment Bill
Kia ora s9(2)(a)
I understand that the Minister has requested an update on our NZBORA advice on the Land Transport (Drug
Driving) Amendment Bill.
OFFICIAL 
Please find an overview of our advice below, and note it contains information that is legally privileged.
Ngā mihi,
THE 
Kathleen
New Zealand Bill of Rights Act (NZBORA) advice on the Land Transport (Drug Driving) Amendment Bill
(legally privileged)
1. The Bill amends the Land Transport Act 1998 to resolve issues with the current oral fluid testing
regime for drug-impaired driving. Police have not been able to meet the current statutory
requirements as there are no commercially available testing devices that are sufficiently accurate.
2. The Bill introduces new device approval criteria that accounts for a low proportion of false positive or
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false negative results, as well as the detection of families of drugs. Given these limitations on device
accuracy, the devices will be used at the roadside for screening only, which will be followed by
evidential testing of an oral fluid sample in a laboratory to confirm the readings. Confirmation by the
lab is required before infringement notices are issued for driving while drug impaired. However, a
driver who fails two roadside screening tests is prohibited from driving for 12 hours, to mitigate any
immediate road safety risk.
s9(2)(h)
RELEASED 

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s9(2)(h)
1982
ACT 
 
 
Kathleen Robertson (she/her)
Policy Advisor – Kaitohutohu Kaupapa
Human Rights Team | Civil & Constitutional Policy Unit 
Waea: (04) 918 8724
Īmera: [email address]
Wahi mahi: Justice Centre – Level 6, 19 Aitken St, Wellington
Pae tukutuku: justice.govt.nz
 
INFORMATION 
 
OFFICIAL 
THE 
UNDER 
RELEASED 

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