Land Transport Act 1998

Driving offences involving drink or drugs, and penalties and procedures - Offences, defences, penalties, and blood test fee - Offences and penalties

57A: Driving offence: 1 qualifying drug

You could also call this:

"Driving with drugs in your blood is against the law"

Illustration for Land Transport Act 1998

You commit an offence if you drive a vehicle with a qualifying drug in your blood. This happens if your blood has a high level of the drug or you failed a test. You can be tested under section 72 or 73. You commit an infringement offence if you drive with a qualifying drug in your blood, but at a lower level. This also happens if you have a drug in your system and did not have to do a compulsory impairment test under section 71F. You can be tested under section 72 or 73. You commit an infringement offence if your oral fluid sample is positive for a qualifying drug.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM2507342.

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57AA: Contravention of specified breath or blood alcohol limit by holder of alcohol interlock licence or zero alcohol licence, or

"Driving with any alcohol when you have a special no-alcohol licence is against the law"


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57B: Driving offence: 2 or more qualifying drugs, or

"Driving with 2 or more drugs in your blood is against the law"

Part 6Driving offences involving drink or drugs, and penalties and procedures
Offences, defences, penalties, and blood test fee: Offences and penalties

57ADriving offence: 1 qualifying drug

  1. A person who drives or attempts to drive a motor vehicle on a road commits an offence if, as ascertained from an analysis of a blood specimen subsequently taken from the person under section 72 or 73, the person’s blood—

  2. contains evidence of use of a listed qualifying drug and the blood concentration level of the drug exceeds the high-risk level for the drug; or
    1. contains evidence of use of an unlisted qualifying drug and the blood specimen was taken after the person failed to complete a compulsory impairment test in a manner satisfactory to an enforcement officer who is trained to give the test when the person was required to do so under section 71F.
      1. A person who drives or attempts to drive a motor vehicle on a road commits an infringement offence if, as ascertained from an analysis of a blood specimen subsequently taken from the person under section 72 or 73, the person’s blood—

      2. contains evidence of use of 1 listed qualifying drug and the blood concentration level of the drug equals or is less than the high-risk level (if any) for the drug; or
        1. contains evidence of use of 1 unlisted qualifying drug and the person was not required to undergo a compulsory impairment test under section 71F before the blood specimen was taken.
          1. A person who drives or attempts to drive a motor vehicle on a road commits an infringement offence if analysis carried out by an approved analyst indicates that the person’s oral fluid sample is positive for 1 listed qualifying drug.

          Notes
          • Section 57A: replaced, on , by section 10 of the Land Transport (Drug Driving) Amendment Act 2022 (2022 No 5).
          • Section 57A heading: replaced, on , by section 8(1) of the Land Transport (Drug Driving) Amendment Act 2025 (2025 No 12).
          • Section 57A(3) heading: replaced, on , by section 8(2) of the Land Transport (Drug Driving) Amendment Act 2025 (2025 No 12).
          • Section 57A(3): replaced, on , by section 8(2) of the Land Transport (Drug Driving) Amendment Act 2025 (2025 No 12).