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Social Security Act 2018

Enforcement: sanctions and offences - Sanctions for breach of obligations other than young person or young parent obligations - Good and sufficient reason for non-compliance

250: Good and sufficient reason for failure to comply with drug-testing obligation

You could also call this:

“Reasons you might not have to do a drug test for a job”

You have a good reason for not doing a drug test or not applying for a job that needs a drug test if the Ministry of Social Development (MSD) agrees that:

You are addicted to or depend on one or more controlled drugs.

You are getting treatment for addiction.

You are waiting to be checked or to start addiction treatment.

You are taking a controlled drug that a doctor or other health professional has legally prescribed for you, in the right amount.

You fit into another category that the government has decided is a good reason.

Addiction treatment means help for people who are addicted to or depend on controlled drugs. This treatment must be given by a health professional or someone else who is trained to help people who use or have used controlled drugs. The MSD must approve the type of treatment.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM6783653.

Topics:
Work and jobs > Worker rights
Health and wellbeing > Mental health
Health and wellbeing > Healthcare services
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249: Good and sufficient reason for non-compliance: default by MSD, or

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Part 5 Enforcement: sanctions and offences
Sanctions for breach of obligations other than young person or young parent obligations: Good and sufficient reason for non-compliance

250Good and sufficient reason for failure to comply with drug-testing obligation

  1. A person (P) has a good and sufficient reason for not complying with a drug-testing obligation, or for failing to apply for suitable employment that requires candidates to undertake drug tests, or for both, if MSD is satisfied that P—

  2. is addicted to, or dependent on, 1 or more controlled drugs; or
    1. is undertaking addiction treatment; or
      1. is awaiting assessment for, or an opportunity to undertake, addiction treatment; or
        1. is taking, in the dosage prescribed, a controlled drug lawfully prescribed for P by a health practitioner; or
          1. falls within another ground or grounds prescribed for the purposes of this subsection by regulations made under section 418(1)(j).

            1. In subsection (1), addiction treatment means treatment that—

            2. is for addiction to, or dependence on, 1 or more controlled drugs; and
              1. is provided by a health practitioner, or other person, who is professionally engaged in the treatment or rehabilitation of people who are using, or have used, controlled drugs; and
                1. is of a kind approved by MSD.

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