IR-01-26-15657
19 May 2026
Nigel Gray
[FYI request #34578 email]
Dear Nigel
I refer to your Official Information Act 1982 (OIA) request of 4 May 2026 in which you
asked Safety Data Sheets for oral fluid devices and DNA use. I have addressed each part
of your request in turn below.
1. Safety Data Sheets (SDS) and Chemical Composition Documents Please
provide all Safety Data Sheets (SDS), chemical composition documents, hazard
classifications, and manufacturer-supplied technical documentation for every
oral-fluid collection or drug-testing device used by NZ Police, including but not
limited to:
Quantisal™ Oral Fluid Col ection Device
Quantisal™ II Oral Fluid Collection Device
Any transportation buffer, reagent, preservative, or stabilising solution used in the
device
Any alternative or successor devices procured or trialled
The date Police received it.
Whether Police hold multiple versions (e.g., updated SDS from the
manufacturer).
1.1 For each SDS or technical document, please provide:
The ful SDS document supplied to Police.
The version number and date of the SDS.
Any internal risk assessments, WorkSafe notifications, or HSWA/HSNO
compliance documents that reference these SDS.
If any SDS or technical document is withheld or refused, please specify the exact
statutory ground and confirm whether Police have ever held the document.
Police National Headquarters 180 Molesworth Street. PO Box 3017, Wellington 6140, New Zealand.
Telephone: 04 474 9499. Fax: 04 498 7400. www.police.govt.nz
Police has proactively released information which includes Safety Data Sheets and
procurement documentation. This information is available from the Police website and
can be found here:
https://www.police.govt.nz/about-us/publication/proactive-release-papers-relating-
implementation-roadside-drug-driving-testing
Releasing information on alternative devices and manufacturers that were considered
during procurement would be likely to unreasonably prejudice the commercial position of
the suppliers involved. Disclosure could undermine competitive dynamics and future
tendering processes by revealing such information. As such, this information is withheld
under section 9(2)(b)(i ) of the OIA.
2. DNA-Related Use, Capability, or Retention There is significant public interest
in whether the oral-fluid drug-testing device is being used — or is capable of
being used — for DNA collection, retention, profiling, or matching.
Please answer the fol owing:
2.1 Device capability
Does the oral-fluid col ection device used by Police collect biological material that
contains human DNA?
Does the device’s buffer, preservative, or stabilising solution preserve DNA,
destroy DNA, or leave DNA intact?
Has Police received any documentation from the manufacturer regarding DNA
preservation, DNA degradation, or DNA stability in the buffer?
Please provide all documents, emails, technical notes, or manufacturer
statements addressing these points.
I refer you to our response IR-01-25-45451, which explains that roadside drug screening
tests col ect saliva, that is used solely to detect certain drugs, not DNA. A saliva sample is
only col ected and sent to a laboratory only if the roadside drug screening test is positive,
and is tested only for listed qualifying drugs. While the saliva may contain DNA, there is
no conversion of this saliva into a DNA profile.
Police cannot use, retain, analyse, or transfer any DNA obtained from oral fluid roadside
drug tests. The roadside drug tests are disposed of as secure biohazard waste as soon
as practicable once used at the roadside.
As the roadside drug tests do not convert the saliva into a DNA profile, no further
documentation was received from the manufacturer regarding DNA preservation,
degradation, or stability in the buffer. This part of your request is refused under section
18(e) of the OIA as the document(s) alleged to contain the information requested does
not exist.
2.2 Police policy and practice
Does NZ Police use, retain, analyse, or transfer any DNA obtained from oral-fluid
roadside drug-testing devices?
Has Police ever conducted internal discussions, legal assessments, or privacy
assessments regarding DNA presence in oral-fluid samples?
Has Police ever sought advice from:
ESR
Crown Law
Privacy Commissioner
Ministry of Justice
Any external scientific or forensic advisor regarding DNA in oral-fluid drug-testing
samples?
Please provide all documents, emails, memos, and advice.
In regard to your request for DNA related Police policy and practice, I refer you to my
response to part 2 of your request
Police has not conducted any internal discussions, legal assessments, or privacy
assessments regarding DNA presence in saliva samples nor has Police engaged in
external consultation from ESR, Crown Law, or the Office of the Privacy Commissioner.
This part of your request is refused under section 18(e) of the OIA as the document(s)
alleged to contain the information requested does not exist.
2.3 Retention and disposal
How long are oral-fluid samples retained?
Are samples destroyed, returned, transferred, or stored?
Are any samples or aliquots sent to ESR or any other laboratory?
Al drug screening test devices used at the roadside (whether positive or negative) are
disposed of by Police at the end of the shift they were used. Screening devices are not
held or stored by Police once used.
Saliva samples collected are sent to The New Zealand Institute for Public Health and
Forensic Science (PHF Science) to test for the presence of listed qualifying drugs at or
above their respective thresholds.
As per the Land Transport (Oral Fluid Samples) Regulations 2025, if the saliva (oral fluid)
sample collected for analysis has a positive result in the laboratory (one or more listed
qualifying drugs are detected at or above their respective thresholds), it is disposed of by
PHF Science no sooner than 6 months after it was received as secure biohazard waste. If
the saliva sample did not produce a positive result in the laboratory (did not detect drugs
at or above its respective threshold), the saliva sample is disposed of by PHF Science as
secure biohazard waste as soon as practicable after it is analysed.
Elective saliva samples collected for private analysis, are also sent to PHF Science and
held should the driver choose to undertake independent testing of their elective sample. If
a driver does not undertake independent testing, their elective sample wil also be
disposed of as secure biohazard waste.
Are any samples used for secondary purposes, including:
method validation
quality assurance
training
research
forensic comparison
DNA profiling
future technology trials
Please provide all policies, SOPs, and internal guidance.
PHF Science may retain and use Oral Fluid Samples and associated data, in compliance
with applicable laws for the purposes of scientific research, quality assurance, and
method development. However, saliva samples are sent to PHF Science are only used to
test for the presence of the listed qualifying drugs that are included in the legislation
for drug driving, and reporting and analysis of the drugs present in drivers while driving.
This part of your request is refused under section 18(e) of the OIA as the document(s)
alleged to contain the information requested does not exist.
3. Procurement and Manufacturer Communications Please provide:
Al procurement documents, tender documents, and technical specifications
supplied by the manufacturer relating to the chemical composition, safety, or
biological properties of the oral-fluid device.
Al emails or correspondence between Police and the manufacturer relating to:
SDS
chemical hazards
DNA stability
biological sample handling
buffer composition
safety or risk assessments
I refer you to my response to part 1 of your request which links proactively released
information regarding the procurement process.
Correspondence with the manufacturers regarding the device would hold confidential
information regarding contracts or agreements that Police have entered into. This is
therefore withheld under section 9(2)(b)(i ) of the OIA as making available the information
would be likely unreasonably to prejudice the commercial position of the person who
supplied or who is the subject of the information.
4. If information is refused
If any part of this request is refused, please confirm:
Whether the information is not held, never held, or transferred.
Whether Police consider the information to be out of scope of any existing
contract or procurement.
Whether Police have requested this information from the manufacturer but not
received it.
Whether Police are wil ing to request the SDS or DNA-related documentation
from the manufacturer now.
5. Format
Please provide all documents in PDF or their original electronic format.
I refer you to my response to part 1 and 2 of your request.
If you are not satisfied with the way I have responded to your request, you have the right
under section 28(3) of the OIA to ask the Ombudsman to review my decisions.
Information on how to do this is available online at
www.ombudsman.parliament.nz.
Yours sincerely
Superintendent Steve Greally
Director: Road Policing
New Zealand Police
