Social Security Act 2018

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

152: Definitions for drug-testing provisions

You could also call this:

“Explaining what words mean in rules about testing for drugs”

In New Zealand, there are special rules about drug testing for some people. Here’s what you need to know:

A ‘controlled drug’ is a substance defined in the Misuse of Drugs Act 1975. A ‘drug test’ checks if these drugs are in your body.

There are two types of drug tests. A ‘screening drug test’ is quick and simple. It gives a first idea if drugs might be in your body. An ‘evidential drug test’ is more detailed and follows strict rules set by the government.

You ‘pass’ a test if it doesn’t show drugs in your body above a certain level. The exact level is set by the government. You ‘fail’ a test if it does show drugs above this level. You also fail if you choose not to take an evidential test when asked.

These definitions are used in the Social Security Act 2018 to explain drug testing rules for some people receiving government support.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM6783394.

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

152Definitions for drug-testing provisions

  1. In this section and in sections 147 to 151, unless the context otherwise requires,—

    controlled drug has the same meaning as in section 2(1) of the Misuse of Drugs Act 1975

      drug test, for a person, means a test to detect the presence in the person’s body of 1 or more controlled drugs

        evidential drug test, for a person, means a drug test that, when undertaken by the person, complies with a standard that is—

        1. a standard for drug tests for evidential purposes; and
          1. a New Zealand standard, joint Australian/New Zealand standard, or other national or international standard; and
            1. prescribed (whether under sections 29 to 32 of the Standards and Accreditation Act 2015 or otherwise) in regulations made under section 418(1)(f)

              fail, for a person and a drug test, means—

              1. if the drug test is a screening drug test or an evidential drug test, not to pass the drug test; or
                1. if the drug test is an evidential drug test, to waive the right to that test in the situation specified in section 149(1), and so under that section be taken for the purposes of this Act to have failed that test

                  pass, for a person and a drug test, means to undertake the drug test with the consequence that the drug test produces a valid result that,—

                  1. if the drug test is a screening drug test, does not indicate the presence in the person’s body of 1 or more controlled drugs at or above the minimum level identified in the standard (prescribed in regulations made under section 418(1)(g)) with which the test complies; and
                    1. if the drug test is an evidential drug test, does not detect for evidential purposes the presence in the person’s body of 1 or more controlled drugs at or above the minimum level identified in the standard (prescribed in regulations made under section 418(1)(g)) with which the test complies

                      screening drug test, for a person, means a drug test that—

                      1. may indicate the presence in the person’s body of 1 or more controlled drugs; and
                        1. is quicker, less formal, and less expensive than, and is designed for use in conjunction with, an evidential drug test; and
                          1. complies with a standard that is—
                            1. a standard for drug tests for evidential purposes; and
                              1. a New Zealand standard, joint Australian/New Zealand standard, or other national or international standard; and
                                1. prescribed (whether under sections 29 to 32 of the Standards and Accreditation Act 2015, or otherwise) in regulations made under section 418(1)(h).

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