Land Transport Act 1998

Driving offences involving drink or drugs, and penalties and procedures - Enforcement procedures for offences involving use of qualifying drugs - Who may be required to undergo blood test

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

You could also call this:

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

Illustration for Land Transport Act 1998

You may be asked to go with an enforcement officer to have a blood test. This can happen if you cannot give a good enough saliva sample for a test. You may also be asked to go if you have had two saliva tests with positive results. You have to go with the officer to the place they choose. If you cannot have the blood test at that place, the officer can take you somewhere else. You must stay at the place until you have the blood test. If you do not do what the officer says, they can arrest you. The officer is following the rules in the Land Transport Act 1998, which includes rules from sections 71A to 71C, section 71DE, section 71F, section 72, and 73.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS822583.

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

"Rules for Testing Oral Fluid Samples for Drugs"


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71F: Who must undergo compulsory impairment test, or

"When you might have to take a test to see if you can drive safely"

Part 6Driving offences involving drink or drugs, and penalties and procedures
Enforcement procedures for offences involving use of qualifying drugs: Who may be required to undergo blood test

71EPerson may be required to accompany enforcement officer to undergo blood test

  1. An enforcement officer may require the following persons to accompany an enforcement officer to a place where it is likely that the person can undergo an evidential blood test when required to do so by the officer:

  2. a person who, after having been required to undergo an oral fluid screening test by the officer under any of sections 71A to 71C, is unable to provide an oral fluid sample that is sufficient to carry out an oral fluid screening test:
    1. a person who, after having been required to provide an oral fluid sample by the officer under section 71DE, is unable to provide an oral fluid sample that is sufficient for an approved analyst to carry out analysis in accordance with this Act:
      1. a person who has undergone a first oral fluid screening test and a second oral fluid screening test that have produced positive results if—
        1. the person was the driver of a motor vehicle at the time an accident occurred involving the motor vehicle or an enforcement officer has good cause to suspect that the person was in the motor vehicle at the time of the accident; and
          1. the enforcement officer has good cause to suspect that another person has been injured or killed as a result of the accident:
            1. a person who fails to complete a compulsory impairment test in a manner satisfactory to an enforcement officer who is trained to give the test when the person is required to do so by an enforcement officer under section 71F.
              1. If it is not practicable for a person to undergo a blood test at a place to which the person has accompanied an enforcement officer under subsection (1), an enforcement officer may require the person to accompany the officer to any other place where it is likely that the person can undergo a blood test.

              2. The person must—

              3. accompany the 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 a blood specimen for collection under section 72 or 73.
                  1. An enforcement officer may arrest without warrant a person who contravenes subsection (3).

                  Notes
                  • Section 71E: inserted, on , by section 21 of the Land Transport (Drug Driving) Amendment Act 2022 (2022 No 5).
                  • Section 71E(1)(a): replaced, on , by section 25(1) of the Land Transport (Drug Driving) Amendment Act 2025 (2025 No 12).
                  • Section 71E(1)(aa): inserted, on , by section 25(1) of the Land Transport (Drug Driving) Amendment Act 2025 (2025 No 12).
                  • Section 71E(1)(b): amended, on , by section 25(2) of the Land Transport (Drug Driving) Amendment Act 2025 (2025 No 12).
                  • Section 71E(1)(c): repealed, on , by section 25(3) of the Land Transport (Drug Driving) Amendment Act 2025 (2025 No 12).