The New Zealand Parliament has passed a bill allowing police to conduct random roadside saliva tests for drugs, similar to drink-driving enforcement. This move aims to reduce drug-impaired driving and enhance road safety. The legislation passed with the support of National, ACT, New Zealand First, and Labour, despite concerns raised by some parties regarding privacy and potential impact on certain groups.
Under the new law, drivers who test positive for drugs will face further laboratory testing. If the subsequent test confirms the presence of qualifying drugs and recent use, drivers will be issued a fine and demerit points. Two positive roadside tests would result in a 12-hour driving ban. Drivers will also have the option to challenge the test results by paying for a private analyst to review the oral fluid sample.
The Attorney-General’s report found the legislation inconsistent with parts of the Bill of Rights Act, specifically regarding unreasonable search and seizure and arbitrary detention. Despite these concerns, Transport Minister Chris Bishop believes the bill is a crucial step towards reducing drug-impaired driving.
The Greens and Te Pāti Māori opposed the bill, citing concerns about profiling certain groups, particularly rangatahi Māori, and the potential for medicinal cannabis users to be unfairly penalized. Dr. Waseem Alzahar, a medicinal cannabis prescriber, noted that cannabis can remain detectable in the body for days after use, potentially leading to false positives.
The roadside drug testing regime is expected to be implemented by December, with the government aiming for 50,000 tests annually. This development marks a significant shift in New Zealand’s approach to drug-driving enforcement.
