Tēnā koe Nigel

Police acknowledges receipt of your Official Information Act 1982 (OIA) request, dated 2 May 2026.

Your reference number is IR-01-26-15725.

You can expect a response to your request on or before 29 May 2026 unless an extension is needed.
Ngā mihi
Leo
Police National Headquarters

-----Original Message-----
From: Nigel Gray <[FOI #34585 email]>
Sent: Saturday, 2 May 2026 12:02 pm
To: Ministerial Services <[email address]>
Subject: [EXTERNAL] Official Information request - Statutory Authority and Biometric Data Handling in OralFluid Roadside Drug Testing

CAUTION: This email originated from outside the New Zealand Police Network. DO NOT click links or open attachments unless you recognise the sender and are assured that the content is safe.

To: New Zealand Police
Subject: Official Information Act Request – Statutory Authority and Biometric Data Handling in Oral‑Fluid Roadside Drug Testing Dear New Zealand Police,

Under the Official Information Act 1982, I request the following information regarding the collection and handling of oral‑fluid samples obtained during roadside drug testing:

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 collect, 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.

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.

3.3. Any policies governing whether samples may be used for training, quality assurance, method validation, or future analysis.

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 Surveillance Act 2012,

the New Zealand Bill 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 & Surveillance Act.

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.

6. Training, Internal Guidance, and Operational Instructions Please provide:

6.1. All training material, operational guidance, or internal instructions provided to officers regarding:

the legal basis for collecting oral‑fluid samples,

the handling of biological material,

privacy obligations,

destruction requirements,

and restrictions on biometric or genetic analysis.

If any information is withheld, please specify the grounds for withholding under the Act and identify the relevant sections.

I request that the information be provided in electronic form.

Yours faithfully,

Nigel Gray

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