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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

71C: Person must undergo further oral fluid test if either first or second oral fluid test fails to produce result

You could also call this:

“You must take another oral fluid test if the first or second test doesn't work properly”

If you take a first or second oral fluid test and it doesn’t work properly, you need to take another test right away. You must stay where you are until you get the results of this new test. If you try to leave, a police officer can arrest you without needing a warrant. If you’ve been arrested and taken somewhere else, you might have to do another test there.

The result of this new test will count as if it were the result of the test that didn’t work. This means if your first test didn’t work, the new test result will be treated as your first test result. If your second test didn’t work, the new test result will be treated as your second test result.

You only need to do one extra test if the first or second test doesn’t work. The police can’t keep making you do more tests after that.

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This page was last updated on

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS822581.

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71B: Who must undergo second oral fluid test, or

"Who needs to take a second drug test when the police ask"

Next

71D: Person has right to elect blood test after 2 positive oral fluid tests, or

"You can ask for a blood test if two mouth swabs show drugs"

Part 6 Driving offences involving drink or drugs, and penalties and procedures
Enforcement procedures for offences involving use of qualifying drugs

71CPerson must undergo further oral fluid test if either first or second oral fluid test fails to produce result

  1. An enforcement officer must require a person to undergo without delay a further oral fluid test if—

  2. a first oral fluid test carried out under section 71A fails to produce a result:
    1. a second oral fluid test carried out under section 71B fails to produce a result.

      1. A person must remain at the place where the person underwent the test that failed to produce a result until after the result of the further oral fluid test is ascertained.

      2. An enforcement officer may arrest without warrant a person who contravenes subsection (2).

      3. An enforcement officer may require a person who has been arrested under subsection (3) and taken to or detained at a place to undergo a further oral fluid test at that place.

      4. A positive result of a further oral fluid test required under subsection (1) must,—

      5. if required following a first oral fluid test that failed to produce a result, be treated for all purposes under this Act as the result of the first oral fluid test; or
        1. if required following a second oral fluid test that failed to produce a result, be treated for all purposes under this Act as the result of the second oral fluid test.

          1. A person may be required to undergo only 1 further oral fluid test under subsection (1).

          Notes
          • Section 71C: inserted, on , by section 21 of the Land Transport (Drug Driving) Amendment Act 2022 (2022 No 5).