Proactive release of papers relating to the implementation of roadside drug driving testing

Proactive release of papers relating to the implementation of roadside drug driving testing

Date Published: 
January 2026

Drug driving legislation is incorporated in the Land Transport Act 1998 via the Land Transport (Drug Driving) Amendment Acts (2022 and 2025) and includes a group of 25 qualifying drugs (four illicit drugs and 21 prescription medicines) that have the highest risk to road safety in New Zealand.

Safety is a strategic priority for the Government who committed to and prioritised the implementation of roadside drug driving testing, which is intended to be an additional road safety tool using an infringement-based approach to help detect and change driver behaviour without the need for criminal prosecution.

The importance of roadside drug driving testing has also been highlighted by the increasing prevalence of drugs, other than alcohol, detected in drivers' blood who were involved in fatal crashes and serious injuries on New Zealand roads.

The latest changes to the legislation enables NZ Police to implement roadside drug testing which strengthens what we already do to deter drug-impaired driving by adding the ability to conduct roadside drug driving testing anywhere at any time.

Four drugs will be screened for at the roadside using a mobile drug detection device which tests for THC (cannabis), methamphetamine, MDMA, and cocaine. If a driver tests positive for any of these drugs at the roadside, a saliva sample is taken for laboratory analysis. All 25 drugs are tested in the laboratory. A positive laboratory test will result in the issuing of an infringement offence notice.

Acknowledging the strong public interest Police has gathered the most relevant and informative documents in the form of a proactive release. This proactive release is specifically related to the implementation of roadside drug driving testing and the operationalisation of the 2025 legislation changes. It also includes key information to support public education.

Certain information in the documents has been withheld under one or more of the following sections of the Official Information Act 1982:

  • Information is withheld under section 9(2)(a) to protect the privacy of natural persons
  • Information is withheld under section 9(2)(b)(ii) to protect information that would be likely unreasonably to prejudice the commercial position of the person who supplied or who is subject of the information
  • Information is withheld under section 9(2)(f)(iv) in order to maintain constitutional conventions, which protect the confidentiality of advice tendered by Ministers of the Crown and officials
  • Information is withheld under section 9(2)(h) to maintain legal professional privilege
  • Information is withheld under section 9(2)(g)(i) in order to maintain the effective conduct of public affairs through the free and frank expression of opinions by, between or to Ministers of the Crown, members of an organisation, or officers and employees of any department in the course of their duty
  • Information is withheld under section 9(2)(j) to enable a Minister of the Crown or any public service agency or organisation holding the information to carry on, without prejudice or disadvantage, negotiations (including commercial and industrial negotiations).

The documents in the below table are correct at the time of their publication. This table will be updated from time to time with updated or additional documents.

Document or legislation reference

Date (MM/YY)

Description

Oral Fluid Testing Equipment Request for Proposal (PDF, 370KB)

February 2025

Provides details on the procurement opportunity for oral fluid testing equipment and the evaluation approach for the RFP.

Oral Fluid Testing Equipment – the Buyers Requirements (PDF, 219KB)

February 2025

Details NZPs requirements for any oral fluid testing equipment tender responses.

Land Transport (Drug Driving) Act 2025

Land Transport (Drug Driving) Act 2025 (PDF, 521KB)

Assent: 29 March 2025

Latest changes to the Land Transport Act 1998 to enable the roll out of roadside drug driving testing. Note: Some amendments have not yet been incorporated.

Land Transport (Approved Oral Fluid Screening Device) Notice 2025

Dec 2025

Approval of device and specified qualifying drugs and thresholds. Section 71G of the Land Transport Act 1998.

Land Transport (Concentration Level of Listed Qualifying Drugs) Notice 2025

Dec 2025

Qualifying drugs and evidential threshold (for laboratory testing). See the Schedule for the qualifying drugs and thresholds. Section 71GA of the Land Transport Act 1998.

Land Transport (Oral Fluid Samples) Regulations 2025 (SL 2025/248) Contents – New Zealand Legislation

Nov 2025

Legislative requirements for obtaining, handling, retaining, or disposing of oral fluid sample. Section 167(l)(la) and (lb) of the Land Transport Act 1998.

Drug driving information on evidential thresholds

Dec 2025

Provides scientific overview and conclusion with regard to the information that informed Police’s decision making and the scientific sources identified by the independent scientists to provide clarity to avoid misinterpretation of the evidential thresholds that have been set for drug driving testing.

Drug Threshold Information (PDF, 59KB)

Nov 2025

Background information, thresholds for roadside and laboratory testing and Q&As.

Drug driving – FAQs (PDF, 336KB)

Dec 2025

Covers key questions and information from purpose and legislation, drugs and thresholds, testing and accuracy, to medical defence.

ADHD Medication Information (PDF, 86KB)

Nov 2025

Key information about ADHD medication and roadside drug testing and laboratory testing, Q&As, infringements and outcomes.

Drug Driving key information (PDF, 249KB)

Nov 2025

Provides background information, how drug driving testing of saliva fits within current drug and impairment testing, drugs included, roadside process, infringements and Q&As.