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Land Transport Act 1998

Miscellaneous provisions

209A: Analysing oral fluid or blood specimens for statistical or research purposes related to use of drugs or alcohol

You could also call this:

“Using spit or blood samples to learn about drugs and alcohol”

You can use oral fluid samples or blood specimens for research about drugs or alcohol. This can happen in a special laboratory. The samples can come from tests done under specific parts of the law.

This rule applies to any blood sample taken under this law, no matter when it was taken. However, you can’t use the results of these tests as proof in court cases.

When researchers look at the samples, they must make sure they can’t tell who the sample came from. This protects your privacy.

These rules don’t stop people from using the samples for other reasons allowed by the law.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM2507888.

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Part 15 Miscellaneous provisions

209AAnalysing oral fluid or blood specimens for statistical or research purposes related to use of drugs or alcohol

  1. A person may, for statistical or research purposes related to the use of drugs or alcohol, analyse or re-analyse in an approved laboratory—

  2. an oral fluid sample taken from a person under any of sections 71A to 71C:
    1. a blood specimen from a person taken under section 72 or 73.

      1. Subsection (1) applies to any blood specimen taken under this Act before, during, or after it comes into force.

      2. No analysis of an oral fluid sample or a blood specimen under subsection (1) may be used as evidence in any proceedings for an offence.

      3. An oral fluid sample or a blood specimen analysed or re-analysed under subsection (1) must be treated in a manner that does not identify the person from whom the oral fluid sample or blood specimen is taken.

      4. Nothing in this section limits the purposes for which an oral fluid sample or a blood specimen may be analysed or re-analysed under this Act.

      Notes
      • Section 209A: inserted, on , by section 26 of the Land Transport Amendment Act 2009 (2009 No 17).
      • Section 209A heading: amended, on , by section 39(1) of the Land Transport (Drug Driving) Amendment Act 2022 (2022 No 5).
      • Section 209A(1): replaced, on , by section 39(2) of the Land Transport (Drug Driving) Amendment Act 2022 (2022 No 5).
      • Section 209A(3): amended, on , by section 39(3) of the Land Transport (Drug Driving) Amendment Act 2022 (2022 No 5).
      • Section 209A(4): replaced, on , by section 39(4) of the Land Transport (Drug Driving) Amendment Act 2022 (2022 No 5).
      • Section 209A(5): inserted, on , by section 39(4) of the Land Transport (Drug Driving) Amendment Act 2022 (2022 No 5).