Elective oral fluid sample

What is an elective sample?

An elective oral fluid (saliva) sample provides you with an opportunity to organise independent laboratory analysis, as a potential pathway to dispute an Infringement Offence Notice (ION) for the detection of a qualifying drug.

Such independent or private analysis would need to be arranged by you and would be at your cost.

Who can request an elective sample?

A driver who has screened positive on the roadside and had an oral fluid sample collected for laboratory analysis, is able to request a separate elective sample to be taken at the roadside.

If you have provided an elective sample on the roadside, and you receive an Infringement Offence Notice (ION) for the detection of a qualifying drug, you can apply to have your elective oral fluid sample released for analysis by a private analyst.

In your application, you will include the details of the private analyst you would like your elective sample sent to.

See the list of qualifying drugs from the New Zealand Legislation website.

When can you apply for an elective sample?

An elective oral fluid sample can be provided following the required oral fluid sample after a positive oral fluid screening test. If you chose not to provide an elective oral fluid sample during the testing process, you will not be able to have an oral fluid sample analysed by a private analyst.

You can apply to have the oral fluid sample analysed by a private analyst within 28 days of the infringement notice being issued.

Police cannot consider an application for private analysis of an elective sample for any notice that has either been paid or transferred to the Fines Collection Unit of the Ministry of Justice.

Costs for analysing the elective sample

All costs associated with the elective sample being analysed by a private analyst is at your own cost and will not be covered by New Zealand Police including courier from the approved analyst to your chosen laboratory and testing of the sample

How to apply

To apply for private analysis of an elective sample, please complete the following steps:

1. Download the Elective Sample application form (PDF 207KB) and complete.
   
   Send your application by email or post to:
   
   Police Infringement Bureau
   Email: ticket@police.govt.nz
   Mail: PO Box 9147, Wellington 6141
    
2. Provide the following information with your Elective Sample application form:
   1. the private analyst to whom the oral fluid sample is to be delivered or posted
   2. the address of the private analyst

If you require further information about the process or your rights, you should seek professional legal advice.

What is the relevant legislation this is based on?

The Land Transport Act 1998 - Section 71DF.

It says:

71DF Person may apply to have oral fluid sample analysed by private analyst

1. This section applies if—
   1. a person is served with an infringement notice in respect of an infringement offence against section 57A(3), 57B(3), 57C(3), or 57C(4); and
   2. an approved laboratory holds an oral fluid sample from the person that is sufficient for a private analyst to carry out analysis.
2. If the person wishes to have the oral fluid sample analysed by a private analyst, the person (or the person’s solicitor or counsel) may apply to the Commissioner in accordance with subsection (5).
3. If the application complies with subsection (5),—
   1. the Commissioner, or a person authorised for the purpose by the Commissioner, must forward a copy of the application to the approved laboratory to which the oral fluid sample taken from the person was delivered or posted under section 71DA(2), 71DB(4)(b), or 71DD(4); and
   2. that laboratory must deliver or post all or part of the oral fluid sample to the private analyst specified in the application.
4. If the application does not comply with subsection (5), the Commissioner or authorised person may refuse to forward a copy of the application to the approved laboratory.
5. An application under subsection (2) must—
   1. be made in writing to the Commissioner no later than 28 days after the date on which the person is served with an infringement notice in respect of the infringement offence; and
   2. state the full name and address and the occupation of the person and the date of the infringement offence; and
   3. identify the private analyst to whom the oral fluid sample is to be delivered or posted and the address of the private analyst.