Land Transport Act 1998

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

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

You could also call this:

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

Illustration for Land Transport Act 1998

If an oral fluid screening test gives a sample that is only enough for a special laboratory to test, this process applies. You get told the sample is enough for the laboratory, but not for a private tester. You can choose to give another sample for a private test, but you must do this within 10 minutes. If you want a private test, you must give another sample. The officer will then send both samples to the laboratory for testing. The officer must follow the rules for getting and sending the samples. You have the right to decide if you want a private test within 10 minutes of being told about the sample. The officer must tell you about your options and follow the rules for samples, as stated in section 71D(2), section 71DC, and section 71DG.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS1564043.

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

Topics:

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

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

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

71DC: Obtaining elective oral fluid sample, or

"How to Give an Oral Fluid Sample to a Police Officer"

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

71DBProcess if sample obtained from oral fluid screening test is sufficient only for laboratory testing

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—
1. sufficient for an approved analyst to carry out analysis in accordance with this Act; but
2. not sufficient for a private analyst to carry out analysis.

The enforcement officer must advise the person that—
the oral fluid sample the officer has obtained is—
1. sufficient for an approved analyst to carry out analysis; but
2. not sufficient for a private analyst to carry out analysis; and
if the person wishes to be able to have an oral fluid sample analysed by a private analyst at the person’s own expense, they must choose to provide an elective oral fluid sample; and
if they choose not to provide an elective oral fluid sample, they will not be able to have an oral fluid sample analysed by a private analyst.

The person has the right, within 10 minutes of being advised by the enforcement officer of the matters specified in subsection (2), to choose whether to provide an elective oral fluid sample.
The enforcement officer must,—
if the person chooses to provide an elective oral fluid sample, obtain an elective oral fluid sample in accordance with section 71DC; and
deliver or post the person’s oral fluid sample and, if applicable, the person’s elective oral fluid sample to an approved laboratory for analysis and retention in accordance with section 71DG.

Notes

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