Land Transport Act 1998

Driving offences involving drink or drugs, and penalties and procedures - Enforcement procedures for offences involving use of qualifying drugs - Process if first oral fluid screening test is positive

71D: Process followed if first oral fluid screening test is positive

You could also call this:

"What happens if your first oral fluid screening test is positive?"

Illustration for Land Transport Act 1998

If you have a positive result from your first oral fluid screening test, certain rules apply. You will be required to follow one of three processes: process A, process B, or process C, as outlined in sections 71DA to 71DG. The enforcement officer will decide which process to follow. If you have a positive result, the officer might apply the chosen process before or after you have a second oral fluid screening test. This rule overrides section 71B(1). However, the officer cannot apply sections 71DA to 71DE if you need to have a blood test or a compulsory impairment test. The officer's decision is based on the rules in section 71E and section 71F(5). This rule overrides sections 71DA to 71DE. You should be aware of these rules if you are required to undergo an oral fluid screening test.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS822582.

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

Topics:

Transport and travel > DrivingHealth and wellbeing > Public health

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

"You must have another oral fluid test if the first or second test doesn't work."

71DA: Process if sample sufficient for both laboratory and private testing obtained from oral fluid screening test, or

"What happens if an oral fluid test gives enough sample for two types of testing"

Part 6Driving offences involving drink or drugs, and penalties and procedures
Enforcement procedures for offences involving use of qualifying drugs: Process if first oral fluid screening test is positive

71DProcess followed if first oral fluid screening test is positive

Sections 71DA to 71DG apply if—
an enforcement officer requires a person to undergo a first oral fluid screening test; and
the result of that test is positive.

The enforcement officer must follow one of the following processes:
process A (see section 71DA, which applies if an oral fluid sample sufficient for both laboratory and private testing is obtained from an oral fluid screening test):
process B (see sections 71DB and 71DC, which apply if an oral fluid sample sufficient only for laboratory testing is obtained from an oral fluid screening test):
process C (see sections 71DD and 71DE, which apply if an oral fluid screening test does not provide an oral fluid sample sufficient for laboratory testing).

The enforcement officer may apply the applicable process—
after the person has undergone a first oral fluid screening test but before the person undergoes a second oral fluid screening test; or
after the person has undergone a second oral fluid screening test.

Subsection (3) overrides section 71B(1).
However, an enforcement officer must not apply sections 71DA to 71DE if—
the person has undergone a first oral fluid screening test; and
the officer requires the person to—
1. accompany an enforcement officer to a place where it is likely that the person can undergo an evidential blood test under section 71E; or
2. undergo a compulsory impairment test in the circumstances described in section 71F(5).

Subsection (5) overrides sections 71DA to 71DE.

Notes

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