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Land Transport Act 1998

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

60A: Failure or refusal to undergo oral fluid screening test or provide oral fluid sample

You could also call this:

"Breaking the law by not taking an oral fluid test or giving a sample when asked"

Illustration for Land Transport Act 1998

You commit an offence if you fail or refuse to take an oral fluid screening test after an enforcement officer asks you to. This is also an offence if you fail or refuse to give an oral fluid sample when asked by an enforcement officer under section 71DE(2). You can be asked to take the test or give a sample under sections 71A to 71C. You are not considered to have failed or refused the test if you are unable to give a sample. This can happen if you cannot give enough oral fluid for the test or for analysis under section 71DE(2). This means you are not committing an offence if you are unable to give a sample. If you are asked to take the test or give a sample, you must do so without delay. You can be committing an offence if you do not follow the enforcement officer's instructions. The officer's instructions are based on the Land Transport Act 1998 rules.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS1563806.

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Topics:
Crime and justice > Police and safetyTransport and travel > Driving
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"Refusing a blood test or impairment test when asked by police"

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

60AFailure or refusal to undergo oral fluid screening test or provide oral fluid sample

  1. A person commits an infringement offence if the person—

  2. fails or refuses to undergo an oral fluid screening test without delay after having been required to do so under any of sections 71A to 71C by an enforcement officer; or
    1. fails or refuses to provide an oral fluid sample after having been required to do so under section 71DE(2) by an enforcement officer.

      1. A person does not fail or refuse to undergo an oral fluid screening test or provide an oral fluid sample only because,—

      2. in the case of an oral fluid screening test, the person is unable to provide an oral fluid sample that is sufficient to carry out the oral fluid screening test; or
        1. in the case of an oral fluid sample required under section 71DE(2), the person is unable to provide a sample that is sufficient for an approved analyst to carry out analysis in accordance with this Act.

          Notes
          • Section 60A: inserted, on , by section 12 of the Land Transport (Drug Driving) Amendment Act 2025 (2025 No 12).