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Land Transport Act 1998

Driving offences involving drink or drugs, and penalties and procedures - Enforcement procedures for offences involving use of qualifying drugs - Process C: sufficient sample not obtained

71DD: Process if sufficient sample not obtained from oral fluid screening test

You could also call this:

"What happens if an oral fluid test doesn't get enough sample"

Illustration for Land Transport Act 1998

If you have an oral fluid screening test and it does not get enough of a sample, the enforcement officer must tell you. They will then get another oral fluid sample from you, following the rules in section 71DE. The officer will send the new sample to a laboratory for analysis, as stated in section 71DG, if it is sufficient.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS1564046.

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Topics:
Crime and justice > Police and safetyHealth and wellbeing > Public health
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"What happens when you're asked to give an oral fluid sample to check for drugs while driving"

Part 6Driving offences involving drink or drugs, and penalties and procedures
Enforcement procedures for offences involving use of qualifying drugs: Process C: sufficient sample not obtained

71DDProcess if sufficient sample not obtained from oral fluid screening test

  1. This section applies if—

  2. section 71D(2) applies; and
    1. the enforcement officer does not obtain, from an oral fluid screening test, an oral fluid sample from the person that is sufficient for an approved analyst to carry out analysis in accordance with this Act.

      1. The enforcement officer must—

      2. advise the person that their oral fluid sample is not sufficient for an approved analyst to carry out analysis in accordance with this Act; and
        1. obtain an oral fluid sample in accordance with section 71DE.

          1. Subsection (4) applies if the oral fluid sample obtained under section 71DE is sufficient for—

          2. an approved analyst to carry out analysis in accordance with this Act; and
            1. a private analyst to carry out analysis.

              1. 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.

              2. Subsection (6) applies if the sample obtained under section 71DE is not sufficient for a private analyst to carry out analysis.

              3. The enforcement officer must apply the procedure for obtaining an elective oral fluid sample set out in section 71DB(2) to (4).

              Notes
              • Section 71DD: inserted, on , by section 23 of the Land Transport (Drug Driving) Amendment Act 2025 (2025 No 12).