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Social Security Act 2018

Obligations - Beneficiaries’ obligations - Specific obligations: work-test obligations

147: Obligation to undertake and pass drug test

You could also call this:

"You must take and pass a drug test if asked for a good reason, like for a job or training."

If you have to meet certain work-test obligations under the Social Security Act 2018, you may have to undertake and pass a drug test. This can happen if a potential employer or training provider asks you to take the test, and it is done in a lawful way. You can find out what a compliant drug test is by looking at section 148.

You will only have to take the drug test if it is requested for a good reason, such as for health or safety purposes. It does not matter if the employer or provider is not allowed to make you take the test under this Act. If someone asks you to take a drug test, it is assumed to be lawful unless someone can prove otherwise.

The obligation to undertake and pass a drug test is part of your work-test obligations under section 144(a), section 144(c), section 146(1)(d)(ii), or section 146(1)(d)(iv). This means you have to take and pass the drug test as part of meeting these obligations.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM6783388.

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146: Work-test obligations as required by MSD, or

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Part 3Obligations
Beneficiaries’ obligations: Specific obligations: work-test obligations

147Obligation to undertake and pass drug test

  1. A person to whom an obligation under section 144(a), 144(c), 146(1)(d)(ii), or 146(1)(d)(iv) applies must undertake and pass a drug test by a specified date if—

  2. a potential employer or training provider requests the drug test; and
    1. the drug test is lawfully requested and undertaken; and
      1. the drug test is a compliant drug test (see section 148).

        1. The obligation under subsection (1) to undertake and pass a drug test is included in, forms part of, and does not arise apart from, the obligation under section 144(a), 144(c), 146(1)(d)(ii), or 146(1)(d)(iv).

        2. A drug test is lawfully requested and undertaken if it is requested and undertaken for a lawful purpose (for example, for a lawful health or safety purpose), and it does not matter that the employer or provider requesting the drug test is not authorised or required by or under this Act to compel the person to undertake it.

        3. A drug test under this section is presumed to be lawfully requested and undertaken unless the contrary is proved.

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