Land Transport Act 1998

Driving offences involving drink or drugs, and penalties and procedures - Enforcement procedures for offences involving use of qualifying drugs - Provisions following application of process A, B, or C

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

You could also call this:

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

Illustration for Land Transport Act 1998

You can ask for your oral fluid sample to be tested by a private analyst. This can happen if you get an infringement notice for certain offences, like those against section 57A(3), 57B(3), 57C(3), or 57C(4). You need to apply to the Commissioner within 28 days of getting the notice. You must write to the Commissioner with your details and the private analyst's details. The Commissioner will then send your application to the laboratory that holds your oral fluid sample. The laboratory will send the sample to the private analyst you chose. If your application is not correct, the Commissioner might refuse to send it to the laboratory. You can apply yourself or your solicitor or counsel can do it for you. The laboratory will send the sample to the private analyst if your application is correct.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS1564049.

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

Topics:

Crime and justice > Police and safetyTransport and travel > Driving

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

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

71DG: Requirements for approved analyst or private analyst in respect of oral fluid sample, or

"Rules for Testing Oral Fluid Samples for Drugs"

Part 6Driving offences involving drink or drugs, and penalties and procedures
Enforcement procedures for offences involving use of qualifying drugs: Provisions following application of process A, B, or C

71DFPerson may apply to have oral fluid sample analysed by private analyst

This section applies if—
a person is served with an infringement notice in respect of an infringement offence against section 57A(3), 57B(3), 57C(3), or 57C(4); and
an approved laboratory holds an oral fluid sample from the person that is sufficient for a private analyst to carry out analysis.

If the person wishes to have the oral fluid sample analysed by a private analyst, the person (or the person’s solicitor or counsel) may apply to the Commissioner in accordance with subsection (5).
If the application complies with subsection (5),—
the Commissioner, or a person authorised for the purpose by the Commissioner, must forward a copy of the application to the approved laboratory to which the oral fluid sample taken from the person was delivered or posted under section 71DA(2), 71DB(4)(b), or 71DD(4); and
that laboratory must deliver or post all or part of the oral fluid sample to the private analyst specified in the application.

If the application does not comply with subsection (5), the Commissioner or authorised person may refuse to forward a copy of the application to the approved laboratory.
An application under subsection (2) must—
be made in writing to the Commissioner no later than 28 days after the date on which the person is served with an infringement notice in respect of the infringement offence; and
state the full name and address and the occupation of the person and the date of the infringement offence; and
identify the private analyst to whom the oral fluid sample is to be delivered or posted and the address of the private analyst.

Notes

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