You can ask for a second test if you have already had a Director test. You can ask for this second test right after the first test is done. The Director must do the second test if you ask for it. You get to have a second test done in the same way as the first test. This second test replaces the first test and its results. You cannot ask for another test after the second one. The Director has to follow these rules when you ask for a second test. This is part of the Maritime Transport Act 1994, which you can find more information about on the New Zealand legislation website. The rules about second tests were added to the Act on 16 December 2017.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM7525623.

This page was last updated on 4 January 2026 — View changes

Topics:

Work and jobs > Worker rights

Part 4BDrug and alcohol testing by Director

40ZAWorker may request second Director test

A worker who has undergone Director testing may, immediately after the test is carried out, ask the Director to carry out a second test for the same substance by the same method.
The Director must carry out a second test requested under this section.
If a second test is carried out under subsection (2),—
that second test and its results replace the first test and its results for the purposes of this Part; but
subsections (1) and (2) do not apply so as to require a further test.

Notes

Section 40ZA: inserted, on 16 December 2017, by section 5 of the Maritime Transport Amendment Act 2017 (2017 No 48).