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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 - Provisions following application of process A, B, or C

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

You could also call this:

"Rules for Testing Oral Fluid Samples for Drugs"

Illustration for Land Transport Act 1998

You receive an oral fluid sample at a laboratory or as a private analyst. You must follow certain rules when handling this sample. You have to test the sample for certain drugs and follow the correct procedures. You test the sample to see if it has one or more of the listed drugs. You check if the concentration level of each drug is at or above a certain level. You handle the sample according to the rules set out in regulations. As a private analyst, you also have to handle the sample according to the rules. You follow the procedures for handling, keeping, transferring, or getting rid of the sample. These procedures are set out in regulations, which are like rules that everyone must follow.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS1564050.

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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."

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71E: Person may be required to accompany enforcement officer to undergo blood test, or

"You might have to go with a police officer to have a blood test."

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

71DGRequirements for approved analyst or private analyst in respect of oral fluid sample

  1. This section applies to—

  2. an approved analyst who receives an oral fluid sample delivered or posted to an approved laboratory in accordance with section 71DA(2), 71DB(4)(b), or 71DD(4); and
    1. a private analyst who receives an oral fluid sample delivered or posted to the analyst in accordance with section 71DF(3)(b).

      1. The approved analyst must—

      2. analyse all or part of the oral fluid sample for the purpose of testing the sample for the presence of 1 or more listed qualifying drugs specified in each notice made under section 71GA(1)(a); and
        1. if 1 or more listed qualifying drugs are present, establish whether, for each listed qualifying drug, the concentration level of the drug in the person’s oral fluid sample is at or above the concentration level specified in a notice made under section 71GA(1)(b); and
          1. handle, retain, transfer, or dispose of the oral fluid sample in accordance with the applicable procedure prescribed in regulations.

            1. The private analyst must handle, retain, transfer, or dispose of the oral fluid sample in accordance with the applicable procedure prescribed in regulations.

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