Police could be conducting roadside drug testing by the end of the year after legislation to enable it passed its third reading in Parliament today.
The bill passed with the support of National, ACT, New Zealand First and Labour. The Green Party and Te Pāti Māori did not support the bill.
Transport Minister Chris Bishop acknowledged it was not the first attempt to introducing oral fluid testing at the roadside, hoping it was “third time lucky”.
“We know that they’re [drugs] a major factor in many road deaths and serious injuries. We had a go back in 2022, but the approval criteria was incompatible with commercially available devices. We’re now making sure that police are equipped with roadside oral fluid screening as a road safety tool to enable the enforcement,” he said.
“I think we will look back in five to 10 years and we will say, ‘what was the fuss about?'”
Attorney-General Judith Collins’ report into the legislation last year found it was inconsistent with parts of the Bill of Rights Act, particularly the right to be secure against unreasonable search and seizure, and the right not to be arbitrarily detained.
Labour’s transport spokesperson Tangi Utikere raised these concerns during the third reading of the Bill, although the party supported it.
“Labour has been deeply concerned about the concerns that have been expressed right throughout by the Attorney-General, around the potential breaches that an individual who might be going about their normal business, any day of the week, any time of the week, would be effectively detained at the roadside.”
ACT and NZ First both raised concerns about aspects of the bill, but supported it.
The Greens opposed the Bill, saying there was no evidence it would address the root cause of dangerous driving or drug harm, while Te Pāti Māori was concerned about the impact on rangatahi Māori.
Both parties said people shouldn’t drive while impaired.
Bishop said drivers who consume impairing drugs cause “significant danger” on New Zealand roads.
“In recent years, around 30% of road deaths have resulted from crashes involving drivers who had consumed impairing prescription or illicit drugs.”
Bishop said the oral fluid testing regime would give police the power to screen drivers for drugs at the roadside using devices without the need to suspect drug use, similar to drink-driving enforcement.
“Two positive roadside screening tests will be required before a driver is prohibited from driving for 12 hours, to address any immediate road safety risk. They will only be issued with an infringement penalty following a positive result from a laboratory test.”
He said drivers who refused to undergo drug screening would be issued with an infringement penalty.
The Government Land Transport Policy Statement outlined an expectation that police undertake 50,000 oral fluid tests a year.
Bishop said he expected this target to be delivered once the regime was rolled out.
“We are targeting December 2025, once the necessary operational matters and regulations are in place.”
