MIN OIA 26952 Signed Response.pdf

OIA 26952
Nigel Gray
[FYI request #34806 email]

Dear Nigel

Thank you for your Of icial Information Act 1982 (OIA) request of 29 May 2026 in which you
asked various questions regarding roadside oral fluid testing:
“I am requesting information relating to public statements made by you and by New
Zealand Police concerning the safety of oral-fluid drug-testing devices, including the
“20 years of safe use” claim and statements regarding the availability of Safety Data
Sheets (SDS).
This request concerns the origin, justification, and internal communication
surrounding those public statements.
1. Origin of the “20 years of safe use” claim Please provide:
all documents, briefings, talking points, emails, or advice provided to you or your
office that refer to the phrase “20 years of safe use”, or any similar wording
…
2. Basis for describing the devices as “safe”
Please provide:
all documents, advice, or internal communications relied upon when describing the
DrugWipe or associated oral-fluid collection devices as “safe” or “used safely”
…
3. Contradiction regarding Safety Data Sheets (SDS) Police have publicly identified
Quantisal as the oral-fluid collection device used. Quantisal has a published Safety
Data Sheet.
Please provide:
all documents or communications explaining why Police stated in response to my
earlier OIA that no Safety Data Sheet existed
…
4. Additional safety-related process questions
4.1 Internal safety decision-making
Al documents or communications provided to you that discuss:

whether the devices posed any chemical hazard
…
4.3 Internal concerns
Any concerns raised within Police or your office about:
the accuracy of public statements
the absence of SDS
the safety narrative being presented publicly“
On 23 June 2026, question three of your request was transferred to the New Zealand Police
for response.
In response to questions one, two and four, you wil find copies of the documents you
requested enclosed. Please refer to the table below for a list of OIA grounds used within
each document.
Title of document
OIA grounds
used within
document
BR/24/146 Oral Fluid Testing Regime Implementation
9(2)(a)
Timeframes
BR/25/115 Approval of Gazette notices for new oral fluid
9(2)(a)
drug testing regime
AM/25/17 Update on the Oral Fluid Testing regime
9(2)(a)
AM/25/85 Oral Fluid Testing implementation update
9(2)(a)
AM/25/103 Talking Points for Cabinet - Regulations to
9(2)(a)
Support Implementation of Oral Fluid Testing of Drivers

In addition, I refer you to Police’s proactive release of papers relating to the implementation
of roadside drug driving testing, available on their website:
https:/ www.police.govt.nz/about-us/publication/proactive-release-papers-relating-
implementation-roadside-drug-driving-testing
These documents comprise information provided by my office in response to previous OIA
requests in relation to roadside oral fluid testing. I am refusing the parts of your request
regarding any further information not already contained in the enclosed documents or
already publicly available under section 18(g) of the OIA, as the information requested is not
held.
You have the right to ask the Ombudsman to review my decision if you are not satisfied with
my response to your request.

Yours sincerely

Hon Mark Mitchell
Minister of Police

IN-CONFIDENCE

BRIEFING FOR THE MINISTER OF POLICE
Oral Fluid Testing Regime Implementation Timeframes
Background
2.  The Land Transport (Drug Driving) Amendment Bil  (2024) is expected to receive
Royal assent in February 2025.
3.  Police expects to operationalise the Act by December 2025, based on the plan
outlined in this document.
OFT implementation planning
Initial Planning Assumptions
4.  Whilst  the legislative changes were being considered during  2022  and  2023,
Police  raised early indications with road  safety partners that a minimum of 12
months would be required from the date of Royal assent, for Police to commence
OFT deployment.
5.  This timeframe was outlined in regard to:
a.  OFT procurement complexity;
b.  design and implementation requirements of the operating model (including
technological system changes);
c.  frontline staff training;
d.  external dependencies, including laboratory capability establishment which
involves a third-party procurement process; and
e.  critical quality considerations, in order for Police to operationalise the new
regime with adequate rigour.
6.  In March 2024,  the  indicative  business  case for OFT  was  endorsed by a
governance  board  consisting of road  safety partners including Ministry of
Transport, New Zealand Transport Agency, and Police. The indicative business
case accounted for a 12-month implementation timeline from Royal assent, which
was anticipated to take place in December 2024. Commencement of the OFT
regime was accordingly anticipated by December 2025.
Planning Assumption Changes
7.  The timeframe considered within the  OFT  indicative  business  case  outlined
planning assumptions, some of which have not eventuated.
8.  The indicative business case anticipated Royal assent of the new legislation by
December 2024. As of November 2024, Royal assent is now expected in February
2025.
9.  The indicative business case also anticipated that the road safety partners would
be able to confirm funding for Police OFT delivery by May 2024. On this basis,
Police was expecting to establish the OFT delivery team by 1 July 2024.
10. The funding allocation decision occurred two months later than expected, in July
2024, subsequently impacting Police’s timeframe in resourcing the delivery team.

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IN-CONFIDENCE

BRIEFING FOR THE MINISTER OF POLICE
Current State
11. Regardless of these changes to key planning assumptions, which leaves Police
with a tighter delivery window and increased delivery complexity, we  are
committed to working toward the December 2025 delivery date for the
operationalisation of the OFT regime (noting that December 2025 targets initiation
of the Pilot, on the basis of which tranched scaling will take place, building  to
national deployment).
12. Given the changes to the timeline, nine months is the current delivery timeframe
for commencing the OFT regime following Royal assent. This timeline contains no
contingency, and does not allow time for issue mitigation, should planning risks
eventuate.
Key Dependencies
13. A key dependency for OFT delivery is the Royal assent date of the new legislation.
Police is initiating all planning activities that can take place before Royal assent;
however, the following require the legislation to be enacted:
a.  Police intends to initiate OFT procurement processes ahead of Royal
assent; however, Police’s ability to complete the procurement process and
nominate the successful supplier of roadside drug screening devices is
dependent on Royal assent.
b.  Only after the successful supplier is nominated wil  Police and the
appointed supplier/s be in a position to finalise delivery plans (including
business requirements and processes required for delivery and
implementation, technology change requirements, operational and
inventory management requirements, resourcing requirements etc.), and
finalise cost estimates. This is required to be known by March 2025, for
Police to be able to finalise the detailed  business  case by May 2025,
through which final delivery funding will be signed-off, and contracts with
suppliers can be signed.
c.  A minimum of seven months is required for implementation post contract
sign-off.
14. Only after the successful supplier is nominated, wil  the forensic laboratory
testing services provider be in a position to finalise implementation planning,
determine the final type of equipment required to be procured for laboratory
testing purposes and confirm the laboratory testing services’ arrangements with
Police. Based on this information, Police can then finalise legal and commercial
processes with the laboratory partner. Once commercial arrangements are in
place with the laboratory partner, the laboratory wil  run its own procurement
process to secure the equipment for OFT testing and wil  hire and/or train their
staff for provision of these services. The laboratory wil  require six months to
complete this work.
15. Final legislation being in place is also necessary for Police to shape the gazette
testing processes (gazette testing, secondary legislation drafting, and gazette
sign off processes require four months, with a further 28  day period for the
gazette to take effect).
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IN-CONFIDENCE

BRIEFING FOR THE MINISTER OF POLICE
16. The current delivery plan anticipates Royal  assent by February 2025.  Should
Royal  assent  take place later, the OFT  implementation plan would need to be
revisited and either re-validated or updated.
17. Further external dependencies and key risks observed:
a.  Police having confidence in the final form of the intended legislation by early
December 2024 is critical to be able to initiate market engagement. Should
any significant legislative changes occur later than December 2024,
Police’s implementation processes may need to be revisited.
b.  OFT vendor timeframes and supply chain constraints are not known yet
and may impose constraints on delivery timeframes.
c.  Laboratory ability to procure technological capability and hire staff is a
critical dependency for OFT regime commencement.
d.  The OFT regime is being delivered in the context of public sector services’
cost saving initiative implementation, which may impact partners’ ability to
engage with Police and allocate the required resources.
18. As the current implementation plan has no schedule contingency, Ministerial
support may be required to mitigate any future risks or issues. Police will escalate
such needs in due time, if and as required.


…………………………………….
Michael Pannett
Acting Deputy Commissioner Operational Services and Road Policing

First contact
Superintendent Stephen Greally, Director:
s9(2)(a)

Road Policing
Second contact  Acting Deputy Commissioner Michael
s9(2)(a)

Pannett, Operational Services and Road
Policing

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IN-CONFIDENCE

BRIEFING FOR THE MINISTER OF POLICE
Appendix 1: Key Milestones – Oral Fluid Testing Regime Implementation

Legislation
Bil  reported back from
December

Select Committee
2024
Remaining legislative
February
If Royal assent is
stages completed
2025
delayed, OFT wil  be able
to complete the
procurement evaluation,
but should any changes
to the legislation occur
this could be impacted
and we would not be
able to nominate the
preferred supplier. This
would have a direct
impact on Police delivery
timeframes.
Procurement  Initial engagement with
Commences
the market
November
2024
Request for proposal
January –
Dependent on Police
February
having visibility of the
2025
final scope of legislative
changes by December
2024.
Following Royal assent,  March 2025  Critical dependency for
successful supplier
further key
nominated
implementation
milestones.
Commercial negotiations  June 2025
Laboratory Services
and contract secured
would then require at
(contract for the roadside
least six months to
devices’ supply, and
operationalise once the
contract with the
roadside device provider
laboratory)
is nominated, and
contract for laboratory
forensic service delivery
is signed.
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IN-CONFIDENCE

BRIEFING FOR THE MINISTER OF POLICE
Business
Detailed business case
May 2025
Dependent on roadside
case
approved (includes the
device provider being
development  requirement of
nominated early March
and funding  technological scope and
2025 (which is
cost estimates being
dependent on legislation
finalised) – involves the
Royal assent).
full implementation
funding approval
(including ongoing
operational funding
requirement outline)
OFT Project
June 2025
Should further changes
Management Plan
to timescales occur, they
approved
may influence the
implementation approach
and have an impact on
quality and early benefit
realisation.
Regulations  Draft Cabinet paper and  August 2025
regulatory impact
analysis completed1
Targeted consultation
August –
Anticipates partners’
with Privacy
September
ability to engage with
Commissioner and other  2025
urgency
interested parties
Cabinet policy approvals  September

and drafting instructions  2025
issued;
Gazette testing of
roadside devices
completed
Regulations submit ed to  November

Cabinet Legislation
2025
Committee for approval;
Gazette notice issued for
roadside devices
Regulations in force (28  December

days after notification in  2025
the NZ Gazette)
Operating
Has a dependency on
model
OFT Operating model
roadside device provider
designed and approved  April 2025
being nominated in early
within Police
March 2025, as the
device specifics impact
operating requirements

1 As the regulations cover the procedures for taking, handling and disposing of oral ﬂuid samples, these can’t
be ﬁnalised until the device and laboratory services have been procured.
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IN-CONFIDENCE

BRIEFING FOR THE MINISTER OF POLICE
Development of Police
Policy, operating
March –
procedures, and other
September

implementation activities  2025
Training and
Training and Deployment
deployment  Training and
model is dependent on
Deployment Model
July 2025
roadside device being
approved
nominated in early March
2025
Training materials
completed; training for
November
Pilot implementation
2025

delivered
Operational  Pilot for OFT
December
commences
2025

Page 7 of 8

Doc 4
Hon Mark Mitchell
Minister of Police
Parliament Buildings
WELLINGTON
Dear Minister
Re: Approval of the Land Transport (Approved Oral Fluid Screening Device) Notice
2025
I acknowledge and support the introduction of the Securetec Drugwipe® 3 S code S304G.91
drug device as an approved oral fluid screening device, as set out in the attached draft of the
Land Transport (Approved Oral Fluid Screening Device) Notice 2025.
Yours sincerely,
/
/ 2025
Hon Dr Shane Reti
Minister of Science, Innovation and Technology

Doc 5
Hon Mark Mitchell
Minister of Police
Parliament Buildings
WELLINGTON
Dear Minister
Re: Approval of the Land Transport (Concentration Level of Listed Qualifying Drugs)
Notice 2025
I acknowledge and support the approval of the listed qualifying drugs and concentration levels
set out in the attached draft of the Land Transport (Concentration Level of Listed Qualifying
Drugs) Notice 2025.
Yours sincerely,
/
/ 2025
Hon Dr Shane Reti
Minister of Science, Innovation and Technology

IN-CONFIDENCE

4.  We previously provided information and advice to you on this and other proposed
changes to the Bil  [AM/24/166 refers].
The Minister of Transport outlined expectations to deliver oral fluid testing
5.  The Government’s 2025 Q1 Action Plan includes an action to pass legislation to
introduce roadside drug testing. We understand the current Minister of Transport
has retained his predecessor’s expectations that Police initiate oral fluid testing
by December 2025, and complete 50,000 oral fluid tests per annum from the time
when oral fluid testing roll out is completed.
The Select Committee recommended an independent testing  pathway for all
drivers…
6.  The Transport and Infrastructure Select Committee  (the Committee)
recommended that in every case where the first oral fluid screening test returns
a positive result, a sample is then obtained from the driver and made available
for independent laboratory analysis (referred to as the “blanket” approach). The
Committee  considered  this approach aligns  with the blood testing regime  for
alcohol. The Government accepted this recommendation, and inserted it into the
Bill.
7.  The driver has up to 28 working days after they have been served with the
infringement notice to apply to the Commissioner of Police to have the oral fluid
sample analysed by an  independent  analyst.  Police must ensure there is
sufficient oral fluid sample available for both laboratory analysis and independent
analysis.
8.  The independent analyst (referred to as a private analyst in the Bil ) must handle,
retain, transfer, or dispose  of  the oral fluid sample in accordance with the
applicable procedure that wil  be prescribed in regulations. The cost of this wil
sit with the driver. We expect less than one percent of eligible applicants will
apply for this (in line with the experience of some Australian jurisdictions).
…however, the Minister of Transport agreed to an alternative and more workable
approach
9.  Operational delivery analysis by Police officials identified a mandatory
independent testing regime may impact Police’s ability to implement the oral fluid
testing regime under the “blanket” approach.
•  Providing sufficient saliva for each of the ESR test and an independent test may
take considerable time at the roadside. The quantity of saliva required can be
quite challenging to gather in a short space of time.
•  Drivers who return a first positive screening test wil  be detained on the roadside
for longer to provide a sample that is sufficient for independent testing.
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IN-CONFIDENCE

•  The procedure to obtain  a  second sample with sufficient  quantity  for
independent testing would be unnecessarily time consuming for frontline staff,
and overall of little benefit.
•  If Police needed to split all roadside samples into two, this introduces a high
risk of legal challenge in the courts around sample contamination.
10.  The Minister of Transport has agreed that the Ministry of Transport will work with
the Parliamentary Counsel Office  (PCO)  to draft an Amendment Paper  (AP)
responding to our concerns. Police wil  support this process to help ensure the
legislation is pragmatic and deliverable.
11.  The AP wil  remove the “blanket” approach and replace it with a process where
a driver who returns a positive reading from their first oral fluid screening test will
elect whether they would like an additional sample obtained for independent
analysis. This significantly mitigates the risks we have raised above, noting the
expected uptake of applications wil  be very low.
12.  The attached slide pack il ustrates the current OFT process from beginning to
end to assist you in understanding the process frontline police wil  administer on
the roadside.
Next steps
13.  The Committee of the Whole House stage has been scheduled for Tuesday 11
March 2025. We are working closely with Ministry of Transport and PCO officials
who are  drafting the AP.  As soon as possible, Police will  undertake the
procurement process required to select a preferred supplier for oral fluid testing
devices.
14.  The Bill is scheduled to be passed by the end of March meaning it wil  continue
to be delivered within the timeline set in the Government’s quarterly delivery plan.
First contact
John White, Policy Manager
s9(2)(a)

Second contact  Jeremy Wood, Executive Director Policy &
s9(2)(a)

Government Relations
Attachments
Appendix 1: Oral Fluid Testing Process Map (current state)
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IN-CONFIDENCE

3.  As part of New Zealand’s Road Safety Objectives, the Government set its
expectation for Police to operationalise the roadside drug testing by December
20252.
4.  Police established an OFT implementation team approximately 12 months prior
to the Land Transport (Drug Driving) Amendment Bil  Royal assent (29 March
2025), to enable a December 2025 go-live.
OFT Implementation Status
4.  Police initiated procurement of the OFT roadside equipment in February 2025
(ahead of the legislation Royal assent). The preferred supplier has been
nominated  and we are currently  completing due diligence prior to the
appointment of the successful supplier and the finalisation of the contract.
5.  PHF Science is on track with laboratory capability establishment. This includes
hiring of the team, and testing equipment, processes, and capability.
6.  Police  continues  to  work towards the December 2025  go-live date. Due to
complexity of the technical capability required to meet operational needs, the
initial operations in December will be paper based  and limited to Wellington
district.  Testing wil  be undertaken by the Impairment Prevention Team,  who
undertake alcohol testing, followed by the Commercial Vehicle Safety Team, who
will focus on commercial vehicles.
7.  The digital components wil  be ready by March 2026, which is when national
frontline operational scaling will commence.
8.  At least four months wil  be required to reach national capacity. Police expects
OFT to be nationally operational by June/July 2026.

First contact
Superintendent Steve Greally, Director, Road  s.9(2)(a) OIA
Policing
Second contact  Michael Johnson,  Assistant  Commissioner  s.9(2)(a) OIA
Road Policing and District Support

2 New Zealand Road Safety Objectives. Ministry of Transport.
https://www.transport.govt.nz/assets/24-EX-087-Road-Safety-Objectives-document v2.4.pdf
Page 2 of 2

IN-CONFIDENCE

Seen by Minister (date): Date
AIDE-MÉMOIRE FOR THE MINISTER OF POLICE
Title
Talking Points for Cabinet: Regulations to Support Implementation of
Oral Fluid Testing of Drivers
Date
24 July 2025
Reference
AM/25/103

Purpose
1.
This  aide-mémoire  provides  talking  points  to  support  your  discussion    when
Cabinet  considers  the  Minister  of  Transport’s  Cabinet  paper  –  Regulations  to
support implementation of oral fluid testing of drivers
2.
Cabinet will meet on Monday 28 July 2025, 11.00am-1.00pm.
Key messages
•  The  Minister  of  Transport  is  seeking  Cabinet’s  agreement  to  policy
proposals for regulations to support the implementation of a new roadside
oral fluid (saliva) drug testing regime.
•  Police has worked closely with the Ministry of Transport in the development
of the regulations.
•  Suggested talking points are provided.

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IN-CONFIDENCE

Talking Points

Regulations
•  These regulations will provide guidance for Police and the
public  on  how  roadside  drug  testing  regime  will  collect,
handle, store, and undertake independent testing.

Rollout
•  Police  will  begin  to  implement  roadside  drug  testing  by
December this year.
•  The  testing  will  initially  be  undertaken  within  Wellington
District by Wellington District  Impairment Prevention Team,
and Ohakea Commercial Vehicle Safety Team.
•  Nation-wide testing will be rolled out by mid-2026 as staff
across the country have undertaken the necessary training.
•  The  testing  process  will  initially  be  paper-based  and  will
move to a digital solution in March 2026.

Detaining people on the roadside
•  Police can detain a person on the roadside for as long as
necessary to complete the process set out in legislation.
•  Police is aware of the importance of minimising the time a
driver  is  detained  on  the  roadside  for,  and  it  is  in  their
interest to undertake this efficiently.
•  Police  anticipates  this  process  may  take  approximately  5
minutes for most drivers, and may take 20 minutes or longer
in cases where the screening indicates impairment.
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IN-CONFIDENCE

•  People  may  be  detained  for  longer  due  to  other  relevant
factors, including:
o  the time a person takes to produce a sufficient amount
of  saliva  for  the  test  (for  example,  when  a  person
experiences a dry mouth)
o  the cooperation of the driver
o  the  result  of  the  first  oral  fluid  screening  test,  as  a
positive result will require Police to collect a laboratory
sample(s),and  conduct  a  second  oral  fluid  test  to
determine  whether  the  person  is  prohibited  from
driving for 12 hours.
•  Data  from  Australian  roadside  testing  showed  up  to  13
percent of drivers would return a positive result.

Types of drugs being tested
•  An expert scientific panel is providing advice on the types
of drugs being tested in the laboratory.
•  It  is  likely  that  four  illicit  drugs  will  be  included  in  the
roadside  testing  regime.  These  are:  THC  (cannabis),
MDMA (ecstasy), methamphetamine, and cocaine. This is
similar to approach taken in Australia.

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IN-CONFIDENCE

Prescription medication
•  Police tell me the device used at the roadside will not react
to ADHD medication.
•  Prescription  cannabis  which  includes  THC  causes
impairment therefore a person will  return a positive test if
the  threshold  of  THC  in  their  saliva  is  exceeded.  This
positive  result  indicates  they  may  be  impaired  and  it  is
unsafe for them to drive.

First contact
John White, Manager People and Communities
s 9(2)(a) OIA

Policy
Second contact
Tanya Roth, Director Policy
s 9(2)(a) OIA

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