Land Transport Act 1998

Driving offences involving drink or drugs, and penalties and procedures - Enforcement procedures for offences involving use of qualifying drugs - Process A: sample sufficient for both laboratory and private testing obtained

71DA: Process if sample sufficient for both laboratory and private testing obtained from oral fluid screening test

You could also call this:

"What happens if an oral fluid test gives enough sample for two types of testing"

Illustration for Land Transport Act 1998

If an oral fluid screening test gives a sample that is enough for two types of testing, this section applies. You get this sample when section 71D(2) applies and the enforcement officer takes an oral fluid sample from you. This sample must be enough for an approved analyst and a private analyst to do their tests. The enforcement officer must send your oral fluid sample to an approved laboratory for analysis and to keep it, following section 71DG. You will have your sample tested by both an approved analyst and a private analyst. The enforcement officer is in charge of sending your sample to the laboratory.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS1564041.

This page was last updated on 29 January 2026 — View changes

Topics:

Crime and justice > Police and safetyHealth and wellbeing > Public health

71D: Process followed if first oral fluid screening test is positive, or

"What happens if your first oral fluid screening test is positive?"

71DB: Process if sample obtained from oral fluid screening test is sufficient only for laboratory testing, or

"What happens if an oral fluid test sample is only enough for a laboratory test?"

Part 6Driving offences involving drink or drugs, and penalties and procedures
Enforcement procedures for offences involving use of qualifying drugs: Process A: sample sufficient for both laboratory and private testing obtained

71DAProcess if sample sufficient for both laboratory and private testing obtained from oral fluid screening test

This section applies if—
section 71D(2) applies; and
the enforcement officer obtains, from an oral fluid screening test, an oral fluid sample from the person that is sufficient for—
1. an approved analyst to carry out analysis in accordance with this Act; and
2. a private analyst to carry out analysis.

The enforcement officer must deliver or post the person’s oral fluid sample to an approved laboratory for its analysis and retention in accordance with section 71DG.

Notes

Section 71DA: inserted, on 15 December 2025, by section 23 of the Land Transport (Drug Driving) Amendment Act 2025 (2025 No 12).