If you get tested by a DAMP operator, the results can only be used in certain court cases. The results can be used if you are prosecuted under the Civil Aviation Act 2023. The results can also be used if you are prosecuted under the Health and Safety at Work Act 2015.

If you are charged with a crime that is not related to these acts, the test results cannot be used as evidence. This rule applies to test results from random testing and from testing ordered by the Director under section 116. The test results are only allowed to be used in prosecutions under the two mentioned acts.

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This page was last updated on 29 June 2025

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM7095233.

Topics:

Transport and travel > Air travelWork and jobs > Workplace safety

118: Tampering, or

"Changing or cheating on a drug or alcohol test is not allowed"

120: Security designated aerodromes and navigation installations, or

"Keeping airports and navigation systems safe and secure"

Part 4Aviation documents, medical certification, and drug and alcohol testing
Drug and alcohol management plans and testing

119Test results only to be used in certain prosecutions

Test results obtained by a DAMP operator from carrying out random testing or by the carrying out of Director testing under section 116 are not admissible in any criminal proceedings other than the prosecution of an offence under—
this Act; or
the Health and Safety at Work Act 2015.