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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

71DE: Obtaining oral fluid sample that is required to be provided

You could also call this:

"What happens when you're asked to give an oral fluid sample to check for drugs while driving"

Illustration for Land Transport Act 1998

You have to give an oral fluid sample if the enforcement officer asks you to. The officer will tell you why they need the sample and what might happen if you do not give one. The officer can ask you to go with them to a place where you can give the sample. You might have to stay at that place until you give the sample. The officer must follow the rules when taking the sample. You can be given an infringement notice if you do not give the sample. The officer can take the sample to check if you have been driving with drugs in your system. You have to go with the officer to a place where they can take the sample. The sample will be analysed to see if you have been driving with drugs in your system. If you do not give the sample, you might have to pay a fine. The officer will tell you about the fine before they take the sample. You have to listen to the officer and do what they say.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS1564047.

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Transport and travel > DrivingCrime and justice > Police and safety
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71DD: Process if sufficient sample not obtained from oral fluid screening test, or

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

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71DF: Person may apply to have oral fluid sample analysed by private analyst, or

"You can ask a private expert to test your oral fluid sample if you get an infringement notice."

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

71DEObtaining oral fluid sample that is required to be provided

  1. This section applies if section 71DD(2) applies.

  2. The enforcement officer—

  3. must, to the extent that the officer considers reasonably necessary, require the person to provide 1 or more oral fluid samples; and
    1. must, in accordance with the applicable procedure prescribed in regulations, take an oral fluid sample or oral fluid samples that, to the extent that is reasonably practicable, are sufficient for an approved analyst to carry out analysis in accordance with this Act; and
      1. may take an oral fluid sample under paragraph (b) that is sufficient for a private analyst to carry out analysis.

        1. Before obtaining an oral fluid sample, the enforcement officer must advise the person of the following matters:

        2. that the person may be issued with an infringement notice if the person fails or refuses to provide an oral fluid sample requested by the officer:
          1. the infringement fee payable for a breach of section 60A(1)(b).

            1. If the enforcement officer requires the person to provide an oral fluid sample, the enforcement officer may require the person—

            2. to remain in the place where the person most recently underwent an oral fluid screening test to provide the sample; or
              1. if it is not practicable for the person to provide the sample at that place, to accompany an enforcement officer to a place where it is likely that the person can provide the sample.

                1. If it is not practicable for the person to provide the oral fluid sample at a place to which the person has accompanied the enforcement officer under subsection (4)(b), the enforcement officer may require the person to accompany the officer to any other place where it is likely that the person can provide the sample.

                2. A person who is required to provide an oral fluid sample must—

                3. accompany an enforcement officer to a place when required to do so under this section:
                  1. if the person has accompanied an enforcement officer to a place under this section, remain at that place until the person is required to provide the sample.

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