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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 - Evidential drug test

257: Request for evidential drug test if sanction imposed for failing screening drug test

You could also call this:

“You can ask for a second drug test if you get in trouble for failing the first one”

If you fail a drug test and get a notice about a sanction because of it, you can ask for another test called an evidential drug test. This test uses the same sample from your first test.

To ask for this second test, you need to write a request on a special form. You also need to give permission for the test to be done and for the results to be shared.

You can only ask for this test after you’ve told the government that you don’t agree with the sanction. You have to ask within a certain time frame that the government sets.

The government might need permission from your employer, training provider, or the company that does the drug tests. They’ll tell you if they need these permissions.

Remember, if you fail the first test and choose not to take the second test, it’s the same as failing the second 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=DLM6783669.

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258: Effect of request for evidential drug test, or

“What happens when you ask for a second drug test after failing the first one”

Part 5 Enforcement: sanctions and offences
Sanctions for breach of obligations other than young person or young parent obligations: Evidential drug test

257Request for evidential drug test if sanction imposed for failing screening drug test

  1. A person (P) who has failed a screening drug test and has been given a section 252 notice (the section 252 notice) of a sanction on the basis of failing that test may request that P’s sample taken for the screening drug test be subjected to an evidential drug test.

  2. P’s request for an evidential drug test—

  3. must be in writing in a form approved by MSD for the purpose; and
    1. must include the necessary consents and authorisations; and
      1. may be made only after P has disputed the sanction specified in the section 252 notice in accordance with section 252(2)(f); and
        1. must be made within a reasonable period, as specified by MSD, of disputing the sanction.

          1. In this section and in section 258, necessary consents and authorisations means any consent or authority—

          2. of any employer, training provider, or drug-testing provider; and
            1. that MSD specifies as necessary for arranging the evidential drug test and providing the result to MSD.

              1. This section is subject to section 149(1) (which provides that a person is taken to have failed an evidential drug test requested under this section if the person fails a screening test and waives an associated evidential drug test).

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