IR-01-26-15725
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 for information regarding biometric data in relation to Oral Fluid Testing. I have
addressed each part of your request in turn below.
1. Statutory Authority to Collect Biometric Data Please provide all documents,
legal advice, internal guidance, or policy material that:
1.1. Identify the statutory authority under which Police collect biological material
(oral fluid) that constitutes biometric information under the Privacy Act 2020, the
Biometrics Code, or any internal Police definition.
1.2. Clarify whether the Land Transport Act 1998, the Land Transport (Drug
Driving) Amendment Act 2025, or any other enactment provides explicit authority
for Police to col ect, store, process, or derive biometric identifiers from oral-fluid
samples.
1.3. Confirm whether Police consider oral-fluid samples to be biometric
information, genetic material, or biological identity data, and provide the internal
definitions used.
2. DNA, Genetic Markers, and Secondary Analysis Please provide:
2.1. Any documents, contracts, technical specifications, or laboratory instructions
that describe whether oral-fluid samples are tested solely for drug presence, or
whether any DNA, genetic markers, or other biometric identifiers are extracted,
processed, or retained.
2.2. Any policies or assurances that prohibit secondary analysis beyond drug
detection.
2.3. Any internal or external audits verifying that no biometric or genetic data is
extracted.
Roadside drug screening tests are legislated under Land Transport (Oral Fluid Samples)
Regulations 2025, and are used solely to detect the presence of certain drugs, not to
collect DNA or any other form of biometrics. The Quantisal col ection device is used to
collect saliva for laboratory analysis. This device is only used if the drug screening test
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
returns a positive result. 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. Retention, Destruction, and Chain-of-Custody Please provide:
3.1. The retention schedule, destruction policy, or chain-of-custody procedures
for oral-fluid samples.
3.2. Any documents describing whether samples are destroyed immediately, after
analysis, or retained for any period.
I refer to my response to you in IR-01-26-15657 which explains that Police dispose
handle, retain, transfer, or dispose of an oral fluid sample obtained as per the Land
Transport (Oral Fluid Samples) Regulations 2025.
For information regarding chain of custody procedures, I refer you to the
Impaired Driving
chapter for which is publicly available and can be found here:
https://www.police.govt.nz/aboutus/publication/impaired-driving-police-manual-chapter
3.3. Any policies governing whether samples may be used for training, quality
assurance, method validation, or future analysis.
I refer to my response to you in IR-01-26-15657 which explains that saliva samples are
only used to test for the presence of the listed qualifying drugs that are included in the
legislation for drug driving. PHF Science may retain and use Oral Fluid Samples and
associated drug testing data, in compliance with applicable laws for the purposes of
scientific research, quality assurance, and method development. 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.
4. Privacy Act, Biometrics Code, and PIA Compliance Please provide:
4.1. Any Privacy Impact Assessments (PIAs) conducted for the oral-fluid roadside
testing regime.
4.2. Any documents assessing compliance with:
the Privacy Act 2020,
the Biometrics Code,
the Search and Surveil ance Act 2012,
the New Zealand Bil of Rights Act 1990, particularly s21 (unreasonable search)
and s22 (liberty of the person).
4.3. Any internal or external legal advice on whether the collection of oral-fluid
samples constitutes a search of the person under NZBORA or the Search &
Surveil ance Act.
I refer you to my response to part 1 of your request.
5. Device Manufacturer Requirements and Data Handling Please provide:
5.1. Any technical documentation from device manufacturers describing:
what biological data is collected,
what data is processed,
what data is stored,
what data is transmitted,
and whether any biometric identifiers are accessible to Police or third parties.
5.2. Any contractual or procurement documents specifying data handling, data
minimisation, or biometric restrictions.
As the device col ects saliva to detect certain drugs, and not to collect biological data, this
part of your request is refused under section 18(e) of the OIA as the document(s) al eged
to contain the information requested does not exist.
6. Training, Internal Guidance, and Operational Instructions Please provide:
6.1. Al training material, operational guidance, or internal instructions provided to
officers regarding:
the legal basis for col ecting oral-
fluid samples
the handling of biological material
privacy obligations,
destruction requirements, Regulation
and restrictions on biometric or genetic analysis.
Please find included with my response the OFT Training Lesson Plan and the Oral Fluid
Testing Training Slides. These documents outline the training content provided to Police
officers who are authorised to conduct roadside oral fluid testing (OFT), including
procedures, legislative context, and operational guidance relating to the detection of
drugs. However, there is no training material provided regarding restrictions on biometric
or genetic analysis as neither are conducted during oral fluid testing.
In regard to material concerning privacy obligations, please see the following information
which has been included with this request:
• Policy Risk Assessment – Oral Fluid Testing (refer to Principle 6: Privacy) for
new technology
• OFT Cover Paper for the above
• Privacy Impact Assessment
Where screening tests are negative, no personal details are collected.
If the first screening test is positive, then a name, address, date of birth, and any other
details needed to identify the driver. This information is used to issue an infringement
notice if the laboratory test returns a positive result. Once personal information is
obtained by Police it is subject to statutory requirements, in particular the Privacy Act
2020. This means that the way Police generate, store and share your personal
information is subject to those requirements
I trust this information is satisfactory in answering your request. If you are not satisfied
with the way your request has been responded to, you have the right under section 28(3)
of the OIA to ask the Ombudsman to review our decisions. Information on how to do this
is available online at
www.ombudsman.parliament.nz.
Yours sincerely
Superintendent Steve Greal y
Director: Road Policing
New Zealand Police
