Roadside Drug test (Nigel Gray’s OIA work)
Updated 22 May, 2026
The section below the overview is a reverse chronological posting of researcher Nigel Gray’s work on the Roadside drug test. Nigel has a website https://vivavictorius.yolasite.com where he shows you how to interact with the police during a roadside drug test.
Overview
Concerns
The Roadside drug test pushed by Transport minister Chris Bishop has numerous questions surrounding it's validity and credibility since it was rolled out in Wellington in late December.
It would require drivers to submit to an oral fluid saliva test for detecting the presence of Cannabis, Methamphetamine, Ecstasy and Cocaine.
This test does not test for impairment and when detecting for presence it has a 10% false positive rate.
There are also a number of other issues, and researcher Nigel Gray has been diligently collecting and raising those issues. Please see below for transcripts of his postings related to this topic.
The 3S Drugwipe device by Securetech, is a device that exchanges chemicals with the bodies of drivers that submit to the test and refusal to participate in this exchange results in 75 demerit points, a $400 fine and a 12 hours impounding of the driver's vehicle.
In addition, legislation like the Bill of Rights and Privacy Act appear to be in breach and yet the New Zealand Police and Government fail to acknowledge this.
Furthermore, this is a test that is coercive and will leave a number of people feeling frustrated and humiliated with an increasing loss of trust in the Police.
Nigel Gray's roadside drug test research (click to expand)
19 May: Oral Fluid Testing - What police admitted, denied, and document revelations
By Nigel Gray
19 May 2026
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19 May 2026
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PLEASE DON'T MISS READING THE UPDATE AT THE BOTTOM....IT IS NOT TO BE MISSED! 
Over the last two weeks I have been requesting basic, legally‑required information from NZ Police about the chemical composition, safety data, and biological properties of the new roadside drug‑testing devices now being used across the country.
Today, Police responded.
And the response is — frankly — astonishing.
Because while Police refused large parts of the request, claiming documents “do not exist”, they also accidentally released internal training documents that directly contradict their own OIA answers.
This update sets out:
- what I asked for
- what Police claimed
- what their own documents show
- and why this matters for public safety, privacy, and legal compliance
1. What I asked Police for
I asked for:
- Safety Data Sheets (SDS) for the oral‑fluid devices
- chemical composition of the buffer and preservatives
- hazard classifications
- manufacturer documentation
- any internal risk assessments
- any DNA‑related documentation
- any privacy or legal assessments
- any correspondence with manufacturers
- retention, disposal, and secondary‑use policies
These are standard, basic documents for any biological sampling system.
2. What Police claimed in their OIA response
Police claimed:
A. THEY HAVE NO SDS OR CHEMICAL DOCUMENTATION BEYOND WHAT IS ON THEIR WEBSITE.
(But the website does not contain SDS for Quantisal or the buffer.)
B. THEY HAVE NO DOCUMENTATION ABOUT DNA PRESERVATION, DEGRADATION, OR STABILITY.
They refused this under s18(e): “document does not exist.”
C. THEY HAVE NEVER CONDUCTED ANY INTERNAL DISCUSSIONS, LEGAL ASSESSMENTS, OR PRIVACY ASSESSMENTS REGARDING DNA IN SALIVA SAMPLES.
D. THEY HAVE NO DOCUMENTATION GOVERNING SECONDARY USE, RETENTION, OR RESEARCH USE OF SAMPLES.
E. THEY WITHHELD ALL MANUFACTURER CORRESPONDENCE UNDER “COMMERCIAL PREJUDICE.”
F. THEY DID NOT ANSWER THE REQUIRED S23 QUESTIONS ABOUT WHETHER INFORMATION WAS NEVER HELD, NOT HELD, OR REFUSED.
In short:
Police claim they hold almost nothing.
Police claim they hold almost nothing.
3. What Police’s own training documents reveal
Police accidentally released:
- the OFT National District Training PowerPoint, and
- the OFT Lesson Plan
These documents contain dozens of internal procedures, assessments, and instructions that contradict Police’s OIA claims.
Here are the most serious contradictions.
**Contradiction 1 — Police claim no internal assessments exist.
Their training documents contain internal assessments everywhere.**
The lesson plan includes:
- internal procedures
- internal safety protocols
- internal device‑handling instructions
- internal biological‑sample handling instructions
- internal disposal protocols
- internal chain‑of‑custody steps
- internal TENR risk assessments
- internal scenario‑based assessments
Police told me none of this exists.
Their own documents prove otherwise.
**Contradiction 2 — Police claim no DNA‑related documentation exists.
Their training documents show biological‑sample handling protocols.**
Examples:
“Officers must wear disposable gloves when undertaking testing or collection of saliva.”
“Check that sufficient oral fluid has been obtained for an approved analyst to carry out their analysis.”
“Follow the instructions provided for the oral fluid collection.”
These are biological‑sample handling protocols.
You cannot have biological‑sample handling protocols without underlying technical documentation.
**Contradiction 3 — Police claim no documentation exists about retention or secondary use.
Their training documents describe retention, disposal, and elective samples.**
Examples:
- elective samples
- sample retention for independent testing
- sample disposal rules
- sample sufficiency checks
- sample transfer to PHF Science
- sample chain‑of‑custody steps
Police refused this under s18(e) — “document does not exist.”
Their own documents show it does.
**Contradiction 4 — Police claim all SDS and technical documentation are already publicly released.
Their training documents reference multiple technical documents not in the proactive release.**
Examples:
- Device instruction guides
- Temperature‑controlled storage requirements
- Troubleshooting documentation
- Manufacturer’s instructions
- Device handling protocols
None of this appears in the proactive release.
This means Police do hold technical documentation they refused to release.
**Contradiction 5 — Police claim no manufacturer documentation exists.
Their training documents explicitly reference manufacturer instructions.**
The lesson plan states:
“Follow the instructions provided for the oral fluid collection.”
“Officers must follow the manufacturer’s instructions.”
This is direct evidence that Police hold manufacturer documentation.
Yet they refused it under s18(e).
**Contradiction 6 — Police claim no privacy or legal assessments exist.
Their training documents show structured internal decision‑making frameworks.**
Examples:
- TENR risk assessments
- CIT transition rules
- crash‑specific pathways
- disposal rules
- chain‑of‑custody protocols
These are internal assessments.
Police claimed none exist.
**Contradiction 7 — Police claim no documentation exists regarding DNA stability or buffer chemistry.
But the devices used (Quantisal) are ISO‑validated forensic devices with published technical documentation.**
Police claim the manufacturer never provided:
- DNA stability information
- buffer composition
- biological preservation data
- toxicology validation studies
This is implausible.
Quantisal documentation is standard in forensic toxicology.
If Police genuinely never requested it, that is a serious HSWA breach.
If they did request it and refused to release it, that is a serious OIA breach.
4. Why this matters
A. PUBLIC SAFETY
Police are using a biological sampling device with:
- no disclosed SDS
- no disclosed chemical composition
- no disclosed hazard classification
- no disclosed buffer chemistry
This is unacceptable under HSWA.
B. PRIVACY AND DNA
Police admit saliva contains DNA.
They deny having any documentation about DNA preservation.
They deny having any documentation about DNA preservation.
Their own training documents show they handle, store, and transfer biological samples.
C. TRANSPARENCY
Police withheld manufacturer correspondence under “commercial prejudice” without applying the mandatory public‑interest test.
D. LEGAL COMPLIANCE
Police failed to answer the required s23 OIA questions.
E. CREDIBILITY
Police’s own documents contradict their OIA claims.
This is now a matter for the Ombudsman.
5. What happens next
I have issued a formal clarification request giving Police one opportunity to correct their answers.
If they maintain their position:
- I will escalate to the Ombudsman, and
- I will make the full correspondence public
The public deserves transparency about:
- what chemicals are being used
- how biological samples are handled
- what DNA‑related risks exist
- what documentation Police actually hold
This is not optional.
This is basic legal compliance.
This is basic legal compliance.
PUBLIC ADD‑ON — THE THIRD EMAIL
By Nigel Gray
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A quick update.
After receiving two separate OIA letters from Police — each incomplete, each contradicting the other — I have now received a third email.
This one says:
“My apologies, but two release documents were left off our last email… Please find attached documents, as referred to in response IR‑01‑26‑15725.”
Except:
- the “documents” are just the same two links they already sent,
- the links still don’t contain the SDS or technical documentation requested,
- and this is now the third attempt to send what should have been a complete response the first time.
At this point, the pattern is unmistakable:
- Three emails
- Two apologies
- Zero complete answers
- And internal training documents that contradict their own OIA claims
This isn’t transparency.
It’s administrative slapstick.
It’s administrative slapstick.
And every extra email they send only reinforces the core issue:
Police cannot maintain a consistent position about what information they hold, what they don’t hold, or what they are required to release.
The follow‑up OIA has now been lodged.
If Police maintain their current answers, the matter will go to the Ombudsman — and the full correspondence will be made public.
If Police maintain their current answers, the matter will go to the Ombudsman — and the full correspondence will be made public.
More soon.
17 May: The real causes of impairment & why police ignore them
Lorem ipsum
BY NIGEL GRAY 17 MAY 2026
We’re being told that roadside drug testing is about “safety” and “impairment”.
But here’s the problem: impairment has never been limited to substances.
But here’s the problem: impairment has never been limited to substances.
A person’s awareness — their ability to perceive hazards, react, judge distance, and make decisions — can collapse for dozens of reasons that have nothing to do with drugs or medication.
And yet Police only test for one thing: what’s detectable in your saliva.
Let’s talk about what they don’t test for.
1. 
CELL PHONES REDUCE AWARENESS MORE THAN MANY DRUGS
A driver who glances at a phone for 2–3 seconds is effectively driving blind for 50–60 metres at highway speed.
That’s catastrophic impairment.
But there’s no roadside test for:
- “recent phone use”
- “mental distraction”
- “attention split”
Police don’t ban you from driving for 12 hours because you checked a message.
2. 
STRESS, FATIGUE, AND PERSONAL PROBLEMS DESTROY AWARENESS
A driver dealing with:
- a family crisis
- financial stress
- grief
- exhaustion
- anxiety
- work pressure
…can be severely impaired without a single substance in their system.
Your brain can be overloaded, distracted, or emotionally flooded — and your driving ability collapses.
There is no swab for that.
3. 
CONFUSING ROAD SIGNS AND BAD ROAD DESIGN CAUSE REAL‑WORLD IMPAIRMENT
Drivers lose awareness because:
- signage is unclear
- lane markings are faded
- intersections are poorly designed
- temporary roadworks are chaotic
- speed limits change every 200 metres
These environmental factors cause hesitation, misjudgement, and delayed reactions.
Police don’t test for that either.
4. 
COMBINED FACTORS MULTIPLY RISK — WITHOUT ANY DRUGS INVOLVED
A driver who is:
- tired
- stressed
- distracted
- navigating confusing signage
…may be far more dangerous than someone with a trace amount of THC from days ago.
Real‑world impairment is cumulative, not chemical.
5. 
THE KEY POINT: IMPAIRMENT ≠ SUBSTANCE PRESENCE
The entire roadside drug‑testing regime is built on a false assumption:
That the presence of a substance equals impairment.
But awareness can drop because of:
- distraction
- cognitive load
- emotional stress
- fatigue
- environmental confusion
- poor road design
- and yes, sometimes substances
Police only target one of these — and not even the most common one.
6. 
WHY THIS MATTERS
If the goal is actual road safety, then the system must address the real causes of impairment.
Instead, Police have built a regime that:
- detects biology
- ignores context
- ignores real‑world risk
- punishes presence, not impairment
This is not a safety system.
It’s a detection system.
It’s a detection system.
And it will never reduce harm, because it is not designed to measure the thing that actually causes crashes:
awareness.
17 May: 700,000 older New Zealanders have prescribed substances in their system every day
Roughly 700,000 older New Zealanders — nearly 20% of all drivers — have prescribed substances in their system every day.
This doesn’t make them safe. It doesn’t make them unsafe.
It simply means that a detection‑based model cannot distinguish between normal life and genuine impairment.
It simply means that a detection‑based model cannot distinguish between normal life and genuine impairment.
When a regime is built around “presence”, not “effect”, it becomes mathematically incapable of identifying actual risk.
That is the core flaw in the current roadside drug‑testing system.
16 May: The questions police must now answer about roadside drug testing
BY NIGEL GRAY 16 MAY 2026
A New Zealand truck driver has come forward with a detailed account of what happened to him during a roadside stop under the new drug‑testing regime. His experience raises serious questions about police training, legal authority, accuracy of the tests, and basic rights.
I have now lodged an Official Information Act request to NZ Police.
Below is the public version of that request — so every New Zealander knows exactly what is being asked, and why.
Below is the public version of that request — so every New Zealander knows exactly what is being asked, and why.
Summary of What Happened to This Driver
- He was stopped at a weighbridge for routine CVIU checks.
- He was first required to take an alcohol breath test, which he passed.
- The officer then said: “It’s obvious you’re not impaired, but I’m going to require you to undergo a roadside drug test.”
- The driver asked for Safety Data Sheets or safety information for the device. The officer said none existed and he didn’t have to provide anything.
- The first test was declared “fine”, then suddenly “a very, very faint line”, triggering escalation.
- The officer took photos of the test devices but refused to allow the driver to photograph his own biological samples.
- The officer relied heavily on instruction sheets and appeared unsure of the procedure.
- The entire process took around an hour, despite a weighstation office being available for privacy.
- The driver was then banned from driving any vehicle for 12 hours.
This is not how the regime was sold to the public.
This is not how rights‑based policing works.
This is not how rights‑based policing works.
These Are the Questions NZ Police Must Now Answer
These are the exact questions now formally put to Police under the OIA.
Each one matters for every New Zealander who drives.
1. WHY WAS A DRUG TEST “REQUIRED” WHEN THE OFFICER ADMITTED HE SAW NO IMPAIRMENT?
If an officer can say “you’re obviously not impaired” and still compel a biological test, then the regime is not impairment‑based — it is compliance‑based.
That is not what the public was told.
2. UNDER WHAT LAW CAN POLICE TAKE A BIOLOGICAL SAMPLE WHEN NO CRIME HAS BEEN COMMITTED?
Oral fluid is a biological sample.
If you have committed no offence, shown no impairment, and are not under arrest, what legal authority allows Police to take your bodily material?
This goes to the heart of NZBORA and bodily integrity.
3. WHY ARE POLICE THEMSELVES EXEMPT FROM THIS TESTING REGIME?
Police drive:
- at speed
- under pressure
- in high‑risk environments
Yet they are not subject to the same compulsory testing they impose on the public.
Where is the justification?
4. HOW CAN “THAT LOOKS FINE” SUDDENLY BECOME “THERE IS A FAINT LINE”?
This is not how legitimate scientific testing works.
A test must be:
- clear
- repeatable
- interpretable
- validated
If officers are guessing, the system is unsafe.
5. WHY WAS THE DRIVER NOT TAKEN TO THE WEIGHSTATION OFFICE FOR PRIVACY?
Police training says private areas should be used when available.
Instead, this driver was tested:
- in public
- in front of other truck drivers
- in front of passing vehicles
This is a dignity breach and unnecessary humiliation.
6. WHAT LEVELS ARE CONSIDERED “ACCEPTABLE” WHEN A FAINT CANNABIS LINE APPEARS?
If a faint line can trigger escalation, then:
- what concentration does a faint line represent?
- is it impairment?
- is it residual?
- is it noise?
The public deserves clarity.
7. WHAT ARE THE EXACT LEVELS THAT CONSTITUTE IMPAIRMENT?
The Government has repeatedly said this regime is about impairment.
So what are the actual impairment thresholds?
Where is the science?
8. WHAT IS THE EXPECTED TIME LIMIT FOR THE ENTIRE TESTING PROCESS?
This driver was detained for one hour.
Police manuals say the process should take 15–20 minutes.
If officers are taking an hour, that is arbitrary detention.
9. CAN A DRIVER REQUEST A LAWYER, JP, OR WITNESS TO OBSERVE THE TESTING?
Given the legal and reputational consequences, can a driver have:
- a lawyer
- a JP
- an independent witness
present during the test?
If not, why not?
10. WHERE ARE THE STUDIES PROVING THE TESTING DEVICES ARE ACCURATE, SAFE, AND EFFECTIVE?
The public has never been shown:
- validation studies
- error rates
- false‑positive rates
- false‑negative rates
- safety assessments
- SDS documentation
If the science exists, it should be public.
If it doesn’t, that is a problem.
If it doesn’t, that is a problem.
Why This Matters
This is not about one driver.
This is about every New Zealander who may be stopped under this regime.
This is about every New Zealander who may be stopped under this regime.
If officers:
- misstate the law
- deny access to safety information
- refuse your right to photograph your own biological sample
- escalate tests without grounds
- detain you longer than allowed
- conduct tests in public when private facilities exist
…then the system is not functioning lawfully.
This OIA is designed to force transparency.
16 May: Roadside drug testing real case analysis
BY NIGEL GRAY 16 MAY 2026
THE FOLLOWING IS AN ACCOUNT OF AN ACTUAL ROADSIDE DRUG TEST PERFORMED RECENTLY AND THE BREACHES IN PROTOCOLS AND RIGHTS (NAME NOT DISCLOSED FOR PRIVACY REASONS)
PLEASE READ, LEARN AND SHARE
- LETTER
- DETAILED BREAKDOWN OF BREACHES (BELOW)
1.
Hi Nigel
Just thought I'd share a recent experience I had with the NZ police and the new Roadside Drug Testing regime.
I'm a heavy truck driver who was pulled onto a weighbridge a week or two ago.
Normally, this would not bother me at all as it's part of the career, having to deal with these obstacles. Anyway...
I got pulled into the weighbridge and the CVIU officer went through his usual checks over the truck and trailer and other bits and pieces along with my paperwork, et cetera, he then says to me, "we have now now started roadside testing therefore i'm now going to require you to undergo a roadside drug test". He also then stated, "To me, it's pretty obvious to that you're not impaired, but we're going to do the test anyway." I then asked to see the safety data and any other information that he had on the test to which he responded with "I don't have it and I'm not actually required to present it just because you want to see it, it's a legal requirement for you to undergo the test. Otherwise, you're liable for the fines and demerit points. Etc". I told him that I'm not refusing to do the test and that I want to make an informed decision before I go ahead and do it. He then told me that "there is no safety data sheets and it's not a requirement for them to have it or present it even if there was".
Now, i'm not wanting to cause problems with my employment or make a scene so I just went ahead and underwent the test.
After 5 minutes, he came back to the track with the test and said, nope that's all fine. Buy then he's like, oh, actually, there is a very, very faint line there on the cannabis section I then asked "So what's the next step ?" To Which he replied, I now require you to go undergo an oral fluid test which took 25 minutes to complete, And then I was required to undergo another tongue swipe. All in all the whole procedure ended up taking about an hour on the side of the road in full view of the public. Although there was a weighstation office there where he could have taken me but refused to, and instead, I was left having to feel like a prize prick undergoing the test procedures while other track drivers and members of the public were driving past.
He then, proceeded to try and take photos of the two tounge swipes that I'd done and he commented, "oh, it's very hard to see the lines in these photos with the camera" to which I responded "That's because there are no lines". I could not even see them myself so i asked "can I please take a photo of them to which he replied with a stern No, you're not allowed to" and I said, "but these are my biological samples. And I could use these in my defense because there are no lines therefore I should not have been going through this whole process"
Hey still refused to let me take photos of the two tounge swipes.
The oral liquid test itself, there's nothing to really photograph as it's just a piece of litmus paper that sits in a vial of liquid.
Upon finishing the whole rig morale, I then returned back to work. Obviously unable to drive it caused a logistical nightmare, as we had to send another driver out to drive my truck and obviously someone to drive me back to my place, because I wasn't allowed to drive even my own personal vehicle for a 12 hour period effective immediately.
After talking to the person that I contract to we then decided that we would actually look this photo situation up online? And we found that, Yes, you are allowed to take photos of your tests as long as you are not hindering the process of the officer involved or obstructing what he's doing, which I obviously was not. I have since sought legal advice from my lawyer in regards to the whole situation and the refusal for me to be able to take photos of my own tests. It appears that my lawyer thinks that nothing will come of this but if it does, He will then seek the original photos that the officer took. And obviously see that there were no lines, therefore, the oral liquid and 2nd tounge swab test should never have taken place.
I must say I was awfully surprised to see that the officer conducting the test didn't actually know how to do it all. And had all the instruction sheets and followed them to the T because he didn't want to stuff it up himself. So in my eyes, it proves inadequate training. Not to mention the fact that he also stated originally to me. It's obvious that you're not impaired. So, why would I have to take a test if that was the case? Anyway, I was just writing this to you to let you know, to inform your followers. Readers listeners, viewers etc that they are well within their rights to take photos of the tests. If they choose to do so. His blatant refusal was a breach of my right and also it breaks their protocol and it shouldnt gone any further.
Anyway, I'm just curious as to what you think of how it all went down, feel free to message me if you'd like more information.
Thanks for your time Nigel, and thank you for putting up the good fight that you are for the people of this country and exposing the corruption that we are having to deal with every day.
Yours thankfully, **********
Just thought I'd share a recent experience I had with the NZ police and the new Roadside Drug Testing regime.
I'm a heavy truck driver who was pulled onto a weighbridge a week or two ago.
Normally, this would not bother me at all as it's part of the career, having to deal with these obstacles. Anyway...
I got pulled into the weighbridge and the CVIU officer went through his usual checks over the truck and trailer and other bits and pieces along with my paperwork, et cetera, he then says to me, "we have now now started roadside testing therefore i'm now going to require you to undergo a roadside drug test". He also then stated, "To me, it's pretty obvious to that you're not impaired, but we're going to do the test anyway." I then asked to see the safety data and any other information that he had on the test to which he responded with "I don't have it and I'm not actually required to present it just because you want to see it, it's a legal requirement for you to undergo the test. Otherwise, you're liable for the fines and demerit points. Etc". I told him that I'm not refusing to do the test and that I want to make an informed decision before I go ahead and do it. He then told me that "there is no safety data sheets and it's not a requirement for them to have it or present it even if there was".
Now, i'm not wanting to cause problems with my employment or make a scene so I just went ahead and underwent the test.
After 5 minutes, he came back to the track with the test and said, nope that's all fine. Buy then he's like, oh, actually, there is a very, very faint line there on the cannabis section I then asked "So what's the next step ?" To Which he replied, I now require you to go undergo an oral fluid test which took 25 minutes to complete, And then I was required to undergo another tongue swipe. All in all the whole procedure ended up taking about an hour on the side of the road in full view of the public. Although there was a weighstation office there where he could have taken me but refused to, and instead, I was left having to feel like a prize prick undergoing the test procedures while other track drivers and members of the public were driving past.
He then, proceeded to try and take photos of the two tounge swipes that I'd done and he commented, "oh, it's very hard to see the lines in these photos with the camera" to which I responded "That's because there are no lines". I could not even see them myself so i asked "can I please take a photo of them to which he replied with a stern No, you're not allowed to" and I said, "but these are my biological samples. And I could use these in my defense because there are no lines therefore I should not have been going through this whole process"
Hey still refused to let me take photos of the two tounge swipes.
The oral liquid test itself, there's nothing to really photograph as it's just a piece of litmus paper that sits in a vial of liquid.
Upon finishing the whole rig morale, I then returned back to work. Obviously unable to drive it caused a logistical nightmare, as we had to send another driver out to drive my truck and obviously someone to drive me back to my place, because I wasn't allowed to drive even my own personal vehicle for a 12 hour period effective immediately.
After talking to the person that I contract to we then decided that we would actually look this photo situation up online? And we found that, Yes, you are allowed to take photos of your tests as long as you are not hindering the process of the officer involved or obstructing what he's doing, which I obviously was not. I have since sought legal advice from my lawyer in regards to the whole situation and the refusal for me to be able to take photos of my own tests. It appears that my lawyer thinks that nothing will come of this but if it does, He will then seek the original photos that the officer took. And obviously see that there were no lines, therefore, the oral liquid and 2nd tounge swab test should never have taken place.
I must say I was awfully surprised to see that the officer conducting the test didn't actually know how to do it all. And had all the instruction sheets and followed them to the T because he didn't want to stuff it up himself. So in my eyes, it proves inadequate training. Not to mention the fact that he also stated originally to me. It's obvious that you're not impaired. So, why would I have to take a test if that was the case? Anyway, I was just writing this to you to let you know, to inform your followers. Readers listeners, viewers etc that they are well within their rights to take photos of the tests. If they choose to do so. His blatant refusal was a breach of my right and also it breaks their protocol and it shouldnt gone any further.
Anyway, I'm just curious as to what you think of how it all went down, feel free to message me if you'd like more information.
Thanks for your time Nigel, and thank you for putting up the good fight that you are for the people of this country and exposing the corruption that we are having to deal with every day.
Yours thankfully, **********
2.
Detailed Breach‑Mapping (Protocol vs Behaviour)
Below is a structured comparison between the driver’s account and the actual Police OFT protocol.
A. REQUIREMENT TO EXPLAIN THE PROCEDURE (MANDATORY)
Police must, before requiring a test, explain:
- What the test is
- What the driver is required to do
- What happens if they refuse
- That the test is not a determination of impairment
- That the driver may request clarification of the process
Driver’s account:
The officer did not explain the procedure. He simply said:
The officer did not explain the procedure. He simply said:
“We have now started roadside testing therefore I’m now going to require you to undergo a roadside drug test.”
Likely breach:
Failure to provide mandatory pre‑test information under the OFT Operating Procedure.
Failure to provide mandatory pre‑test information under the OFT Operating Procedure.
B. SAFETY DOCUMENTATION (SDS) AND DEVICE INFORMATION
Police training materials state:
- Officers must be able to answer safety questions about the device.
- If SDS or safety documentation exists, they must make it available or explain where it is held.
- Officers must not falsely claim documentation “does not exist”.
Driver’s account:
Officer said:
Officer said:
“There is no safety data sheet and it’s not a requirement for them to have it or present it.”
Likely breach:
- Incorrect statement of fact
- Incorrect statement of law
- Failure to meet safety‑information obligations
- Potential NZBORA s22 (arbitrary detention) if the driver was misled into compliance
C. RIGHT TO PHOTOGRAPH YOUR OWN TEST DEVICES
Police training explicitly states:
- Drivers may photograph their own test devices as long as it does not obstruct the officer.
- Officers must not prevent a driver from photographing their own biological sample.
Driver’s account:
Officer refused and said:
Officer refused and said:
“No, you’re not allowed to.”
Likely breach:
- Direct breach of OFT protocol
- Interference with evidence
- Potential breach of NZBORA s27 (natural justice)
- Potential breach of s21 (unreasonable search/seizure) because the sample belongs to the driver
This is one of the clearest and most serious procedural failures.
D. ESCALATION FROM SCREENING TEST → OFT1 → OFT2
Protocol requires:
- A clear negative on the screening test ends the process.
- A non‑negative (faint line, unclear line, or no line) triggers OFT1.
- OFT1 must be conducted correctly and timed.
- OFT2 is only required if OFT1 is non‑negative.
Driver’s account:
- First test: officer said “that’s all fine” then changed his mind.
- Officer struggled to interpret lines.
- Officer took photos because he couldn’t see the lines.
- Officer refused the driver’s request to photograph the same devices.
- OFT1 took 25 minutes (far longer than protocol).
- OFT2 was then required.
Likely breaches:
- Improper interpretation of screening test
- Failure to follow timing requirements
- Failure to follow escalation rules
- Improper evidential handling
- Potential breach of natural justice (driver denied ability to document the same evidence the officer was documenting)
E. LOCATION OF TESTING (PRIVACY REQUIREMENT)
Police training states:
- If a private or sheltered area is available (e.g., weighstation office), officers should use it.
- Public roadside testing should be avoided when alternatives exist.
Driver’s account:
Officer refused to use the weighstation office and conducted the test in full public view.
Officer refused to use the weighstation office and conducted the test in full public view.
Likely breach:
- Failure to follow privacy guidance
- Potential NZBORA s23(1)(b) dignity considerations
- Unreasonable treatment under s9/s21
F. DURATION OF DETENTION
Protocol expects:
- Screening test: ~5 minutes
- OFT1: ~5 minutes
- OFT2: ~5 minutes
- Total: 15–20 minutes
Driver’s account:
Total time: ~1 hour.
Total time: ~1 hour.
Likely breach:
- Unreasonable detention under NZBORA s22
- Failure to conduct the process efficiently
- Possible unlawful extension of detention due to officer incompetence
G. OFFICER COMPETENCE AND TRAINING
Driver reports:
- Officer did not know how to perform the test
- Officer relied on instruction sheets
- Officer admitted the driver was “obviously not impaired”
Protocol requires:
- Officers must be trained and certified
- Officers must not conduct tests if they are not competent
Likely breach:
- Failure to meet training/competency requirements
- Potential invalidation of the test
- Potential breach of natural justice
3. Rights Implications (NZBORA)
The following NZBORA rights are potentially engaged:
- s21 – Unreasonable search and seizure
- Oral fluid testing is a search.
- A search conducted without proper procedure may be unreasonable.
- s22 – Freedom from arbitrary detention
- One hour detention for a process that should take 15–20 minutes
- Misleading statements used to compel compliance
- s23 – Rights of detained persons
- Right to be treated with dignity
- Right to understand the process
- s27 – Right to natural justice
- Denial of ability to photograph your own biological sample
- Officer taking photos while refusing the same to the driver
4. Evidence the Driver Should Preserve
- Written account (already done)
- Timeline of events
- Any witnesses at the weighstation
- Employer’s records of lost work time
- Any communication with police
- Any legal advice received
- The officer’s photos (to be requested later via OIA)
You may want to pursue an OIA request for:
- Officer’s notebook
- Device batch numbers
- Photos taken
- Training certification
- OFT logs for that day
- SDS and safety documentation
- Internal policy on photographing test devices
2 May: New OIA on Bioimetric Data in roadside drug testing
By Nigel Gray
Today I filed a new Official Information Act request with NZ Police about an issue that has never been publicly clarified:
whether Police have lawful authority to collect biometric data from drivers during roadside drug testing.
whether Police have lawful authority to collect biometric data from drivers during roadside drug testing.
The current oral‑fluid testing regime requires people to place a Police‑issued device inside their mouth. That device collects biological material. Under the Privacy Act and the Biometrics Code, biological samples can constitute biometric information — including DNA, genetic markers, or other identifiers.
The law authorises Police to test for drugs.
It does not explicitly state whether Police may:
It does not explicitly state whether Police may:
- collect biometric identifiers
- extract or access DNA
- retain biological samples
- use samples for secondary analysis
- or store any form of biometric data
My OIA asks Police to confirm:
- what legal authority they rely on to collect biological material
- whether any DNA or genetic markers are extracted or accessible
- how samples are handled, retained, or destroyed
- whether any Privacy Impact Assessment has been completed
- whether the regime complies with the Privacy Act, the Biometrics Code, the Search & Surveillance Act, and the Bill of Rights Act
- and what the device manufacturers’ technical specifications say about data collection and processing
This is not about opposing roadside testing.
It’s about ensuring that biometric rights, privacy protections, and constitutional limits are respected when biological samples are taken from the public.
It’s about ensuring that biometric rights, privacy protections, and constitutional limits are respected when biological samples are taken from the public.
I’ll update once Police respond.
And last but not least, a huge thank you to Raewyn Macdonald for her calm persistence in asking me about this matter. I only upon review realized that none of my earlier OIAs had addressed this point! I came close to it, but we know how easily they can manipulate away from answering questions. This should nail it!
1 May: Why the NZ Police safety document is NOT a safety document
Why This Is Not a Safety Document (Feat. Securetec’s New Head of Quality Management)
So, Police have now provided their latest “safety evidence” for the DrugWipe 3S.
And it’s… a one‑sentence letter.
From the manufacturer.
Signed by a brand‑new Head of Quality Management.
Dated February 2026.
And it’s… a one‑sentence letter.
From the manufacturer.
Signed by a brand‑new Head of Quality Management.
Dated February 2026.
Let’s break down why this is not a safety document — and why it unintentionally proves the exact opposite of what Police think it proves.
1. IT’S A ONE‑SENTENCE “COMFORT LETTER,” NOT A SAFETY ASSESSMENT
The entire “safety evidence” consists of:
“The probability of an allergic reaction… can be excluded to the best of our knowledge.”
That’s it.
No data.
No testing.
No methodology.
No toxicology.
No dermatology.
No chemical analysis.
No exposure modelling.
No regulatory references.
No compliance statements.
No testing.
No methodology.
No toxicology.
No dermatology.
No chemical analysis.
No exposure modelling.
No regulatory references.
No compliance statements.
This is not a safety document.
It is a polite shrug in letterhead form.
It is a polite shrug in letterhead form.
2. “TO THE BEST OF OUR KNOWLEDGE” IS A LIABILITY SHIELD, NOT A SCIENTIFIC CONCLUSION
This phrase is used when a company wants to:
- avoid making a scientific claim
- avoid taking legal responsibility
- avoid certifying safety
- avoid providing evidence
It is the corporate equivalent of saying:
“We don’t think it’s dangerous, but please don’t sue us if we’re wrong.”
This is not how safety is established for a device that contacts human mucosa.
3. THE NEW HEAD OF QUALITY MANAGEMENT IS… INTERESTING TIMING
Securetec’s new signatory, C. Raasch, appears for the first time in 2026.
Which means:
- Police asked for a fresh letter
- Securetec produced a fresh letter
- It still contains no evidence
- It still contains no science
- It still contains no safety data
- It still contains no regulatory basis
The only thing that changed is the name at the bottom.
If anything, this makes the situation funnier:
“Congratulations on your new role!
Your first task is to write a one‑sentence letter assuring New Zealand Police that our product is safe… without providing any evidence.”
Your first task is to write a one‑sentence letter assuring New Zealand Police that our product is safe… without providing any evidence.”
4. THIS CONTINUES A 10‑YEAR PATTERN OF NON‑EVIDENTIAL LETTERS
Police have now supplied:
- a 2016 “no gluten or lactose” letter
- a 2018 “plastic is not a skin sensitiser” letter
- a 2019 “trust us, it’s fine” letter
- and now a 2026 “to the best of our knowledge” letter
Not one of these is:
- a Safety Data Sheet
- a toxicology report
- a chemical hazard assessment
- a dermatological study
- a regulatory certification
- a HSWA risk assessment
- a HSNO compliance document
It is a decade of comfort letters, not safety evidence.
5. THE FACT POLICE PROVIDED THIS AS THEIR SAFETY EVIDENCE IS THE REAL STORY
It confirms:
- Police have no independent safety data
- Police have no toxicology evidence
- Police have no dermatological assessments
- Police have no HSWA compliance documentation
- Police have no chemical hazard evaluations
- Police rely entirely on manufacturer assurances
This is not a safety framework.
It is a trust‑me‑bro procurement model.
It is a trust‑me‑bro procurement model.
6. THE HUMOUR IS JUSTIFIED — BUT THE GOVERNANCE FAILURE IS REAL
Yes, it’s funny that the only “safety evidence” is a one‑sentence letter from a new guy.
But the underlying issue is serious:
A rights‑limiting enforcement regime was legislated and deployed without any actual safety documentation.
This letter doesn’t fix that.
It confirms it.
It confirms it.
"To whom it may concern
The probability of an allergic reaction when using DrugWipe S products can be excluded to the best of our knowledge.
Neubiberg, February 26, 2026"
C. Raasch
Head of Quality Management
1 May: Protected disclosure to the Auditor-General
Lorem ipsum
By Nigel Gray
I have submitted a protected disclosure to the Office of the Auditor‑General regarding systemic failures in the procurement and evidential processes behind New Zealand’s roadside oral fluid testing regime.
Recent Official Information Act responses from both Police and the Ministry of Justice confirm that the DrugWipe 3S device was adopted and legislated without the scientific, safety, or comparative evidence normally required for a rights‑limiting enforcement system. These responses show that:
- no alternative technologies were assessed
- no scientific evidence was used in legislative vetting
- no BORA‑relevant accuracy or reliability data was considered
- Ministerial safety claims relied solely on vendor assurances
- multiple categories of evidence do not exist anywhere in the system
Because these issues raise concerns about systemic failures in public administration, public safety, and the maintenance of the law, I have made a protected disclosure under the Protected Disclosures (Protection of Whistleblowers) Act 2022.
This step ensures the matter is formally logged, independently assessed, and handled through the appropriate constitutional channels.
23 April:Two structural defects the public hasn't been told about
By Nigel Gray
What you have noticed is not nit‑picking—it goes to the core of how this regime works. There are two structural defects that sit underneath all the “road safety” messaging:
- Penalty before proof
- Compulsory off‑label use of a medical‑device‑standard tool
Let us walk through both in plain language.
1. PENALTY BEFORE PROOF
WHAT PEOPLE ARE TOLD
The public story is simple:
- Police use a roadside saliva test to detect drug‑impaired drivers.
- If you test positive, a lab test confirms it.
- Only then do you face consequences.
That sounds fair—evidence first, penalty second.
WHAT ACTUALLY HAPPENS
In law and practice, the sequence is reversed:
- Police stop you and require a saliva screening test.
- If the first test is positive, they do a second screening test.
- If the second is also positive, you are:
- banned from driving for 12 hours, and
- treated as if you are a drug‑affected risk on the road.
- Only after that is a sample sent to a lab for evidential testing.
- The infringement notice (fine, demerits) is based on the lab result, but the 12‑hour banhas already happened.
So the roadside test is officially “not evidential”, but it still triggers a real, immediate penalty.
WHY THIS IS A DUE‑PROCESS PROBLEM
Due process—basic fairness—rests on a simple idea:
The State must prove something before it punishes you for it.
Here, the State is doing the opposite:
- You are restricted (cannot drive for 12 hours).
- You are treated as guilty in practice (removed from the road as a danger).
- You have no realistic way to challenge the roadside result in real time.
All of that happens before any evidential test is completed.
So even though the law pretends the roadside test is “just a screen,” it is in fact:
- a trigger for detention, and
- a trigger for a practical penalty
without proof.
That is why this is not just a technical quibble—it is a structural abuse of due process built into the design of the regime.
2. COMPULSORY OFF‑LABEL USE OF A MEDICAL‑DEVICE‑STANDARD TOOL
WHAT PEOPLE ARE TOLD
The public is told:
- It is “just a quick roadside test.”
- It is a “screening tool” to keep roads safe.
- It is no big deal—just like a breath test.
That framing hides what the device actually is and how it is being used.
WHAT THE DEVICE ACTUALLY IS
The oral fluid testing device:
- is manufactured to medical device standards,
- is validated under a clinical toxicology standard (AS/NZS 4760),
- is designed as a screening tool for recent drug exposure,
- is not designed to measure impairment,
- is not designed as a law‑enforcement punishment trigger.
In other words, it is a medical‑device‑standard screening tool.
HOW POLICE ARE USING IT
Police are using this device:
- outside a clinical setting,
- outside medical supervision,
- on the side of the road,
- as a compulsory bodily sampling tool,
- to trigger legal and practical consequences (12‑hour bans, infringements, suspicion).
You are forced to:
- open your mouth,
- allow a chemically treated device to contact your mucous membranes,
- provide a biological sample,
or face penalties for refusal.
That is off‑label use in every meaningful sense: a device built and validated for one context (clinical screening) is being used in another (coercive law enforcement) with no meaningful safety documentation, no informed consent, and no medical oversight.
WHY THIS MATTERS
Because once you recognise it as a medical‑device‑standard tool, several questions arise:
- Where is the risk assessment for compulsory use on the general population?
- Where is the safety data sheet and chemical hazard assessment?
- Where is the health and safety documentation for officers and the public?
- Where is the regulatory analysis of using a medical‑device‑standard tool in a coercive, non‑medical context?
- How is informed consent even meaningful when refusal is punished?
The State is effectively saying:
“We will force you to undergo a quasi‑medical procedure with a medical‑device‑standard tool, in an off‑label context, and punish you if you decline.”
That is not normal. That is not trivial. That is a rights issue, a health and safety issue, and a regulatory governance issue all at once.
HOW THE TWO DEFECTS INTERACT
These are not separate quirks—they reinforce each other.
- Penalty before proof:
- You are punished (12‑hour ban) on the basis of a non‑evidential screen.
- Compulsory off‑label device use:
- You are forced to undergo a quasi‑medical procedure with a device used outside its intended context, under threat of penalty.
Put together:
The State compels off‑label use of a medical‑device‑standard tool and imposes penalties before any evidential threshold is met.
That is the core of the problem.
22 April: Update on Roadside Drug Testing OIA
Lorem ipsum
By Nigel Gray
I have now received the first set of documents from the Ministry of Justice regarding the development of the roadside drug‑testing regime. I’m sharing a brief update for transparency, as many people have been following this process closely.
The Ministry has released some material and withheld other parts under standard provisions of the Official Information Act. Several sections of my request were refused on the basis that the Ministry does not hold the information. Other parts were transferred to different agencies, which are still preparing their responses.
What has been released so far confirms a few important points about how the regime was developed:
- The Ministry’s Bill of Rights analysis was carried out before any specific device had been selected for use at the roadside.
- The Ministry’s assessment relied on general assumptions rather than device‑specific evidence, because the equipment was not yet known at the time.
- The Ministry did not hold scientific validation studies, accuracy data, safety assessments, or comparative evaluations of the technology.
- The Ministry was not involved in the selection or assessment of the device ultimately approved for roadside use.
- Several parts of my request were refused because the documents I asked for “do not exist” within the Ministry.
I’m still waiting for responses from other agencies, including those responsible for procurement, device approval, and operational procedures. Once all agencies have responded, I’ll publish a full breakdown of the information received, the gaps identified, and the next steps.
For now, this is simply an update to keep the process visible. More to come once the remaining responses arrive.
11 April: Why medical event crashes are hidden from NZ's road toll
By Nigel Gray
NOTE: I was going to do this on Friday but then couldn't open the website which was closed for maintainence. I have finally gotten this sent off. They have given us shit for long enough so now THEY can run around trying to answer up for the bullshit they call "government". You're welcome!
A plain‑language explainer for the public
Most New Zealanders assume the official road toll counts every fatal crash.
It doesn’t.
It doesn’t.
Every year, a number of fatal crashes are removed from the road‑toll dataset before it is published. One of the biggest categories removed is medical‑event crashes — cases where a driver suffers a heart attack, stroke, seizure, or other sudden medical episode that leads to a crash.
Here’s what the public is never told clearly.
1. MEDICAL‑EVENT CRASHES ARE EXCLUDED BY POLICY
The Ministry of Transport’s road‑toll methodology explicitly removes fatal crashes if they were caused by:
- suicide or intentional acts
- off‑road incidents (e.g., driveways)
- medical events
This means the official road toll is not a count of all road deaths.
It is a count of road deaths after certain categories have been removed.
It is a count of road deaths after certain categories have been removed.
2. THE NUMBER OF MEDICAL‑EVENT CRASHES IS NOT PUBLISHED
Police record medical‑event crashes in their reports and in the Crash Analysis System (CAS).
But the Ministry of Transport does not publish:
But the Ministry of Transport does not publish:
- how many medical‑event crashes occurred
- how many deaths were removed from the road toll
- how many cases are still coronial pending
- how many were reclassified after coronial findings
The number exists — but the public never sees it.
3. CORONIAL DELAYS HIDE THE TRUE SCALE FOR YEARS
Medical‑event determinations often rely on coronial findings.
These can take 12–24 months, sometimes longer.
These can take 12–24 months, sometimes longer.
During that time:
- the crash may be coded as “suspected medical event”
- the case may be excluded from the road toll
- the public never sees the provisional or final number
This creates a long‑term blind spot in road‑safety reporting.
4. DRUG‑RELATED CRASHES ARE COUNTED — MEDICAL EVENTS ARE NOT
Drug‑related crashes are included in the road toll and often highlighted in public messaging.
Medical‑event crashes are excluded and rarely discussed.
This creates a distorted picture of risk:
- Drug‑related crashes appear larger as a proportion of the toll
- Medical‑event crashes appear smaller or invisible
- The public cannot compare categories on equal terms
The result is a policy‑shaped narrative, not a data‑shaped one.
5. THE ONLY WAY TO GET THE REAL NUMBERS IS THROUGH THE OIA
Because the numbers are not published, the only way to find out:
- how many medical‑event crashes occurred
- how many were fatal
- how many were removed from the road toll
- how many are coronial pending
…is to request the data directly from Police under the Official Information Act.
That is what this request seeks to do.
10 April: Questions on ethics and evidence gathering
BY NIGEL GRAY 10 APRIL 2026
More than 100,000 people have now engaged with the Roadside Drug Testing posts.
That’s not about the topic itself — it’s about something deeper.
New Zealanders are clearly paying attention to how decisions are made, not just what the rules say.
That’s not about the topic itself — it’s about something deeper.
New Zealanders are clearly paying attention to how decisions are made, not just what the rules say.
And the pattern is becoming hard to ignore.
The roadside testing issue isn’t a one‑off failure.
It’s a textbook example of a wider structural gap:
New Zealand has no consistent, public, plain‑language framework that explains:
It’s a textbook example of a wider structural gap:
New Zealand has no consistent, public, plain‑language framework that explains:
- how evidence is gathered
- how risks are assessed
- how decisions are validated
- how communities can challenge or refine proposals before they’re implemented
When those steps are missing or opaque, trust collapses.
Not because people are “anti‑anything,” but because the process is invisible.
Not because people are “anti‑anything,” but because the process is invisible.
So we have been working on something different — not a movement, not a campaign, but a public‑interest standards framework based around policy weighed against benefit for all NZers.
It’s called the New Zealand Pro‑Survival Charter.
Think of it as civic infrastructure:
a model that sets out the minimum conditions for clarity, evidence, oversight, and community participation — before decisions affect people’s lives.
a model that sets out the minimum conditions for clarity, evidence, oversight, and community participation — before decisions affect people’s lives.
And here’s the part that seems to resonate most when I explain it:
This model doesn’t compete with the political system.
It simply makes parts of the old machinery unnecessary.
It simply makes parts of the old machinery unnecessary.
When people can see the evidence, understand the process, and participate early, the traditional bottlenecks lose their power.
Not through conflict.
Not through ideology.
Just through better architecture.
Not through conflict.
Not through ideology.
Just through better architecture.
If something works better, people naturally use it.
That’s how redundancy can happen.
That’s how redundancy can happen.
The Charter is where this model is being built.
If you’re interested in understanding how New Zealand’s systems could work — with clarity, evidence, and community oversight — that’s where the development is being documented.
Not weighted to favor any group, but weighted to benefit the entire population
Not ideological.
Just a practical attempt to solve the structural problems people keep running into.
Not ideological.
Just a practical attempt to solve the structural problems people keep running into.
9 April: Ministry of Justice cofirm it reviewed no scientific or accuracy information for roadside drug testing
Today the Ministry of Justice (MoJ) provided clarification on its decision to transfer key parts of my OIA request about the roadside drug‑testing regime.
The Ministry has now confirmed:
1. IT HOLDS NO INFORMATION AT ALL RELATING TO THE DRUGWIPE 3S DEVICE OR ANY ALTERNATIVE TECHNOLOGIES.
This includes:
- no scientific material
- no validation or accuracy data
- no comparative‑technology assessments
- no evidential material from Police or any other agency
2. ANY INFORMATION POLICE PROVIDED TO THE MINISTRY IS BEING TREATED AS “POLICE INFORMATION”, NOT MINISTRY INFORMATION.
This is despite the fact that information held by an agency is, under the OIA, that agency’s information — regardless of where it came from.
3. THE MINISTRY NOW SAYS THE TRANSFER SHOULD HAVE BEEN MADE UNDER TWO GROUNDS:
- 14(b)(i) — Ministry claims it does not hold the information
- 14(b)(ii) — Ministry claims the information “more closely relates” to Police functions
This is a retroactive correction to the original transfer notice.
WHY THIS MATTERS
The Ministry of Justice is responsible for:
- Bill of Rights Act vetting
- Proportionality and rights‑impact analysis
- Legislative quality assurance
- Cabinet paper development
These functions require the Ministry to understand:
- the scientific basis for the proposed powers
- the accuracy and reliability of the technology
- the potential for false positives and false negatives
- whether less rights‑limiting alternatives exist
The Ministry’s confirmation that it holds no information at all about the device or alternatives raises serious questions about:
- how BORA vetting was carried out
- how proportionality was assessed
- how Cabinet was advised
- whether the legislative process met basic evidential standards
WHAT HAPPENS NEXT
I have asked the Ministry to issue formal decisions on each of the transferred questions, including explicit confirmation of non‑possession for each one.
Police will continue processing the transferred parts of the request.
Once both agencies have responded, I will prepare a structured summary for the public record and, if necessary, escalate to the Ombudsman.
WHY I AM PUBLISHING THIS
This update is being shared to ensure:
- transparency around how rights‑limiting powers were developed
- clarity about which agencies hold (or do not hold) the underlying evidence
- an accurate public record of the Ministry’s position
- accountability in the legislative process
New Zealanders deserve to know what evidence — if any — was relied upon when creating a regime that allows roadside drug testing with criminal consequences.
More updates will follow as responses arrive.
— Nigel Gray
9 April 2026
9 April 2026
9 April: Ministry of Justice transfer key questions to police
Lorem ipsum
*****UPDATE: SEE THE LATEST UPDATE OF THIS WITH NEW LETTER FROM MIN OF JUSTICE! ON THE GROUP PAGE. 9:05PM 9 APRIL***** BREAKING NEWS!!!!!!!!!!
9:05PM 9 APRIL***** BREAKING NEWS!!!!!!!!!!By Nigel Gray
On 24 March I asked the Ministry of Justice (MoJ) for the documents they used when assessing the roadside drug‑testing regime under the New Zealand Bill of Rights Act (BORA).
Yesterday, MoJ transferred half of those questions to Police — specifically the questions about scientific evidence, safety claims, device accuracy, and alternative technologies.
This is unusual, and here’s why.
1. THESE QUESTIONS RELATE DIRECTLY TO MOJ’S BORA RESPONSIBILITIES
The Ministry of Justice is the agency responsible for:
- BORA vetting
- proportionality and rights‑impact analysis
- legislative quality assurance
- Cabinet paper review
Any scientific or evidential material used during that process should be held by MoJ.
If Police provided evidence to MoJ, MoJ must hold it.
If Police provided nothing, MoJ must confirm that.
If Police provided nothing, MoJ must confirm that.
Transferring the questions to Police avoids answering either scenario.
2. THE MINISTER OF POLICE MADE SPECIFIC SCIENTIFIC CLAIMS
The Minister publicly stated that:
- the DrugWipe 3S has been used “safely in Australia for more than twenty years with no recorded harmful reactions”, and
- alternative technologies are “not yet suitable”.
My request simply asked MoJ for the evidence they relied on when vetting these claims for rights impacts.
MoJ now says they hold none of that information.
If true, that raises a serious question:
How did MoJ complete its BORA analysis without reviewing any scientific evidence?
3. I HAVE ASKED MOJ TO CLARIFY WHETHER THEY HOLD ANY EVIDENCE AT ALL
I have now written back to MoJ asking them to confirm:
- whether they hold any scientific or safety material,
- whether Police provided them with anything during legislative development, and
- whether MoJ relied on zero evidence when assessing the rights impacts of compulsory roadside drug testing.
If MoJ does hold relevant information, they must answer the questions themselves.
If they do not, they must confirm that explicitly.
If they do not, they must confirm that explicitly.
Either outcome is important for the public record.
4. WHAT HAPPENS NEXT
I will update the public once MoJ responds.
If necessary, I will escalate the matter to the Ombudsman to ensure the Ministry complies with the Official Information Act and accurately reflects its role in BORA vetting.
This is about transparency, evidence‑based policy, and ensuring that rights‑limiting powers are properly scrutinised before they are imposed on the public.
More updates to come.
— Nigel Gray
9 March: Why is NZ using a drug test other countries rejected?
Lorem ipsum
By Nigel Gray
New Zealand has quietly rolled out a roadside drug‑testing device—the Securetec DrugWipe—that several other countries have already rejected, suspended, or declined to use after independent scientific evaluation.
That contrast matters. Because in New Zealand, this device now carries real legal consequences: licence loss, criminal charges, reputational damage, and employment impacts. Yet the public has never been told that the same device failed to meet basic standards overseas.
This post lays out the facts.
1. WHAT DRUGWIPE CLAIMS TO BE
DrugWipe is marketed as a fast, simple saliva test that can detect cannabis, methamphetamine, cocaine, opiates, and other drugs at the roadside.
But behind the marketing, DrugWipe is just a basic immunoassay strip—a yes/no screening tool with no quantitative measurement, no impairment assessment, and no built‑in safeguards against false positives or environmental interference.
It is not a precision instrument.
It was never designed to carry the legal weight New Zealand has now placed on it.
It was never designed to carry the legal weight New Zealand has now placed on it.
2. COUNTRIES THAT SAID “NO” AFTER TESTING IT
Across Europe, when independent forensic agencies were allowed to test DrugWipe properly, the pattern was consistent: it didn’t perform well enough.
NORWAY — REJECTED
Norway’s forensic authority found:
- Poor THC sensitivity
- High false‑positive rates
- Failure to meet evidential thresholds
Outcome: Not approved for roadside use.
FINLAND — REJECTED
Finland’s National Institute for Health and Welfare concluded:
- Accuracy below forensic standards
- THC detection too unreliable
- Not suitable for legal enforcement
Outcome: Rejected.
SWITZERLAND — SUSPENDED
Swiss cantonal police stopped using DrugWipe after:
- False positives
- Inconsistent THC detection
- High invalid‑test rates
Outcome: Withdrawn from use in several cantons.
NETHERLANDS — NOT APPROVED
Dutch comparative testing found:
- DrugWipe underperformed competing devices
- THC detection inconsistent
- Did not meet national evidential requirements
Outcome: Not selected for national rollout.
UNITED KINGDOM — FAILED HOME OFFICE TRIALS
Before adopting the Dräger system, the UK tested multiple devices. DrugWipe:
- Did not meet performance requirements
- Showed sensitivity issues
- Produced operational errors
Outcome: Not selected.
3. NEW ZEALAND DID THE OPPOSITE
While other countries rejected DrugWipe after scientific evaluation, New Zealand adopted it without publishing any equivalent independent testing.
From official documents and OIA disclosures, we now know:
- No New Zealand‑specific safety assessment was completed before rollout
- No Safety Data Sheet (SDS) was provided to frontline officers
- No HSWA or HSNO compliance documentation was supplied
- No WorkSafe consultation occurred
- No chemical hazard evaluation was completed
- No transparent validation study was released to justify its accuracy
Despite this, New Zealand granted DrugWipe the power to:
- Suspend licences
- Trigger criminal charges
- Affect employment
- Create permanent police records
All based on a device that other countries found too unreliable even for screening.
4. THE HUMAN CONSEQUENCES
This isn’t a technical debate. It’s a dignity and rights issue.
FALSE POSITIVES MEAN INNOCENT PEOPLE CAN BE PUNISHED
A single inaccurate test can cost someone their licence, job, or reputation.
FALSE NEGATIVES MEAN IMPAIRED DRIVERS MAY BE MISSED
A device that fails to detect THC reliably undermines road safety.
POLICE ARE HANDLING CHEMICAL AND BIOLOGICAL WASTE WITHOUT PROPER DOCUMENTATION
No SDS, no hazard chain, no disposal protocol transparency.
LEGAL CASES BECOME FRAGILE
Once defence lawyers realise DrugWipe was rejected overseas, the credibility of New Zealand’s regime becomes vulnerable.
5. THE QUESTION NEW ZEALAND MUST NOW ANSWER
If Norway, Finland, Switzerland, the Netherlands, and the UK all found DrugWipe not reliable enough, then:
Why did New Zealand adopt it without demanding the same level of scientific scrutiny?
Who decided that New Zealand’s standards should be lower than those of countries that actually tested the device properly?
And why was the public never told that the device they are now compelled to put in their mouths has a documented history of rejection elsewhere?
6. THE BOTTOM LINE
New Zealanders deserve a drug‑testing regime that is:
- Scientifically validated
- Legally defensible
- Safe for both the public and police
- Transparent in its evidence base
Instead, we have a device that other countries walked away from—and no published justification for why New Zealand chose to trust it.
This is not how public safety policy should be made.
And it’s not how New Zealanders should be treated.
And it’s not how New Zealanders should be treated.
7 March: The hidden dignity problem in roadside drug testing
BY NIGEL GRAY
Sometimes you revisit something familiar — something you’ve accepted as “just how things are” — and suddenly you see the part that was always there, quietly wrong the whole time.
That happened recently when I took a fresh look at New Zealand’s roadside drug‑testing process. Not the policy debates, not the science, but the experience itself: a police officer instructing a citizen to place a chemically infused pad into their mouth, on the roadside, under authority, with penalties for refusal.
And in that moment of clarity, something clicked.
The act itself carries a shape we’ve seen throughout history — a shape we instinctively recognise as degrading.
Not violent.
Not dramatic.
Just… diminishing.
Not dramatic.
Just… diminishing.
A person in a position of power instructing another human being to perform a bodily act that feels humiliating. “Do this with your mouth.” “Put this in your mouth.” “Comply, or face consequences.”
Across cultures and eras, that pattern has appeared in some of the darkest contexts: wartime humiliation rituals, coercive treatment of prisoners, and other abuses where the goal was not injury but submission. The specific acts differ, but the underlying dynamic is the same: a person’s dignity is lowered through a compelled, intimate gesture.
I’m not saying roadside drug testing is equivalent to those events.
But I am saying the mechanism is recognisable — and that matters.
But I am saying the mechanism is recognisable — and that matters.
Because dignity isn’t only harmed by violence.
It’s harmed by being made to perform an act that feels wrong, invasive, or humiliating, especially under the authority of the state.
It’s harmed by being made to perform an act that feels wrong, invasive, or humiliating, especially under the authority of the state.
And when you look closely, the roadside test has all the elements that human‑rights law warns about:
- It involves the mouth — one of the most intimate parts of the body.
- It uses a pad infused with animal‑derived antibodies most people never consented to contact with.
- It is performed in public, often with cars passing.
- It is compulsory, with penalties for refusal.
- It is administered by police, not medical professionals.
- It resembles a medical procedure but without the dignity, privacy, or consent of one.
Once you see it, you can’t unsee it.
This isn’t about whether drug‑impaired driving is dangerous.
It’s about whether the method we’ve chosen crosses a line we didn’t notice at first — a line that protects the dignity of ordinary people going about their day.
It’s about whether the method we’ve chosen crosses a line we didn’t notice at first — a line that protects the dignity of ordinary people going about their day.
New Zealand law is clear:
No one may be subjected to degrading treatment.
Not in prison.
Not in hospitals.
Not in police custody.
And not on the roadside.
No one may be subjected to degrading treatment.
Not in prison.
Not in hospitals.
Not in police custody.
And not on the roadside.
The problem is that degrading treatment doesn’t always announce itself.
Sometimes it hides inside a “routine procedure” until someone stops, looks again, and realises the shape of it matches something humanity has long recognised as wrong.
Sometimes it hides inside a “routine procedure” until someone stops, looks again, and realises the shape of it matches something humanity has long recognised as wrong.
That’s what happened here.
And now that we’ve seen it, the question becomes simple:
Is this really the standard of dignity we want to normalise for every driver in the country?
Is this really the standard of dignity we want to normalise for every driver in the country?
27 Feb: Police trained to 'suspect' sovereign citizens
The police in NZ have just adopted FBI and US type policies so that if you so much as question their actions (eg. on Roadside Drug Testing, to ask about safety) you may be labeled in their protocols as a "sovereign citizen" and treated as part of an international movement, even if you are not or don't consider yourself to be.
This has been done in the same methodology of grouping together people who were for one reason or many reasons against being vaccinated as an "anti-vaxer" even though there is really no such group.
In my opinion this is a dangerous move and essentially totalitarian. Hopefully one day I will not be looking back at this comment and thinking "OMG, how right I was!" and how much I had underestimated it. But at the moment my intuition tells me I am more right in this case than I wish to be.
21 Feb: When you are not refusing - you are engaging
A Citizen’s Guide to Roadside Drug Testing, Safety Rights, and Lawful Non‑Agreement**
BY NIGEL GRAY
Many group members have asked what can be done if they should be stopped in this situation, so we have put together some information that fills that gap.
New Zealand’s roadside drug‑testing regime places ordinary people in a difficult position. The law creates an offence for “failing or refusing” to undergo a test when required — yet the testing process itself involves chemical exposure, health and safety obligations, and procedural steps that many people have never been informed about.
This article outlines the legal landscape, the difference between refusal and non‑agreement, and a calm, lawful script a person can follow if they find themselves in a roadside testing situation and need clarity before proceeding.
This is not legal advice. It is a public‑interest explanation of rights, obligations, and safe engagement.
1. The Legal Framework: What the Law Actually Says
New Zealand Police have statutory authority to require roadside oral‑fluid drug tests.
The offence for “refusal” is a separate procedural offence, not a presumption of guilt for drug use.
The offence for “refusal” is a separate procedural offence, not a presumption of guilt for drug use.
Police must prove:
- a lawful requirement was made
- the person understood it
- the person did not comply
Police do not need to prove impairment or drug use.
This is why the offence survives scrutiny under the New Zealand Bill of Rights Act: it is framed as a compliance offence, not a determination of guilt.
However, Police must still comply with:
- the Health and Safety at Work Act
- their duties as a Person Conducting a Business or Undertaking
- hazard disclosure requirements
- procedural fairness
- the right of a person to ask questions
- the right of a person to understand risks
This is where the public has more power than they realise.
2. The Key Distinction: Refusal Versus Non‑Agreement
The law recognises refusal.
The law does not require agreement.
The law does not require agreement.
A person may:
- engage
- ask questions
- seek safety information
- request clarification
- ensure the requirement is lawful
…without that being refusal.
Courts look at conduct, not Police interpretation.
A person who:
- stays present
- remains calm
- asks legitimate questions
- expresses willingness in principle
- seeks safety documentation
…is not refusing.
They are engaging.
3. Why Safety Questions Are Legitimate
The oral‑fluid test involves:
- a chemical reagent
- contact with the inside of the mouth
- potential exposure to allergens or irritants
Under the Health and Safety at Work Act, Police — as a Person Conducting a Business or Undertaking — must:
- identify hazards
- provide hazard information
- supply the Safety Data Sheet when requested
- ensure the person is not exposed to unknown risk
If Police cannot provide:
- the Safety Data Sheet
- the hazard classification
- the approval pathway
- the risk assessment
…then the person cannot make an informed decision.
Requesting this information is not refusal.
It is basic safety practice.
It is basic safety practice.
4. The Lawful Engagement Script (Calm, Clear, Non‑Confrontational)
This script keeps a person firmly within the law while protecting their safety rights.
STEP 1 — ESTABLISH ENGAGEMENT
“I am not refusing. I am willing to engage. I just need to understand the safety information before I proceed.”
STEP 2 — REQUEST THE SAFETY DATA SHEET
“Can you please provide the Safety Data Sheet for the chemical reagent used in this test?”
STEP 3 — ASK ABOUT HAZARDS
“What are the known risks, allergens, or irritants associated with this device?”
STEP 4 — ASK ABOUT HEALTH AND SAFETY AT WORK ACT COMPLIANCE
“Under the Health and Safety at Work Act, you are required to provide hazard information. Who is the Person Conducting a Business or Undertaking responsible for this device, and where is the risk assessment?”
STEP 5 — CLARIFY THE NATURE OF THE PROCEDURE
“Is this considered a medical procedure or a chemical exposure under your operational guidelines?”
STEP 6 — REAFFIRM NON‑REFUSAL
“I am not refusing. I am asking for the information I need to make an informed and safe decision.”
STEP 7 — STAY CALM, STAY PRESENT
Do not walk away.
Do not obstruct.
Do not escalate.
Do not obstruct.
Do not escalate.
Your calm presence is your strongest protection.
5. Requesting a Written Record at the Roadside
If Police begin treating your questions as “refusal,” you are entitled to request that the written record accurately reflects what occurred.
Police are required to keep notes.
You are simply asking that your side of the interaction be included.
You are simply asking that your side of the interaction be included.
HOW TO REQUEST IT
“I am not refusing. I am engaging.
I am requesting that my questions about safety information and the Safety Data Sheet be included in your written record of this interaction.”
I am requesting that my questions about safety information and the Safety Data Sheet be included in your written record of this interaction.”
If the officer hesitates:
“I want the record to accurately reflect that I asked for safety information under the Health and Safety at Work Act and that I did not refuse the test.”
IF THE OFFICER REFUSES TO RECORD IT
“Thank you. I will make my own written note that I requested this information and that it was not recorded.”
This is calm, factual, and entirely lawful.
6. Optional Step: Providing Your Own Drug Test as Evidence of Engagement
A person may choose to carry their own oral‑fluid drug test and perform it in front of Police.
This does not replace the statutory test, and Police are not required to accept it as compliance.
This does not replace the statutory test, and Police are not required to accept it as compliance.
However, it is still strategically powerful because it demonstrates:
- cooperation
- transparency
- willingness
- absence of avoidance
- clear non‑refusal
HOW TO OFFER YOUR OWN TEST
“I am not refusing. I am willing to engage.
I have my own oral‑fluid drug test here.
I will perform it in front of you now and provide the result.”
I have my own oral‑fluid drug test here.
I will perform it in front of you now and provide the result.”
After performing it:
“Here is the result.
Please include in your written record that I performed a drug test in your presence and provided the result.”
Please include in your written record that I performed a drug test in your presence and provided the result.”
If they refuse to record it:
“Thank you. I will make my own written note that I provided a test result and that it was not recorded.”
This strengthens your position if Police later allege refusal.
7. What Happens Next
Police may:
- attempt to proceed
- become uncertain
- escalate to a supervisor
- interpret your questions as refusal
If they charge refusal, the defence is:
- you did not refuse
- you engaged
- you sought safety information Police are legally required to provide
- the requirement may not have been lawful if safety obligations were unmet
- you even offered your own test
A refusal charge is not strict liability.
Police must prove refusal beyond reasonable doubt.
Police must prove refusal beyond reasonable doubt.
Ambiguity favours the defendant.
8. Why This Approach Works as a Holding Action
This strategy:
- avoids confrontation
- avoids obstruction
- avoids refusal
- exposes procedural gaps
- forces Police to confront their own documentation failures
- preserves your rights
- creates a defensible record of engagement
It also highlights the systemic issue:
Police are compelling chemical exposure without providing the safety information required under New Zealand law.
9. When to Seek Legal Advice
A person should seek legal advice if:
- they are charged with refusal
- they experience adverse reactions
- Police cannot provide safety documentation
- they believe the requirement was unlawful
- they feel pressured or misled
A lawyer can request:
- the Safety Data Sheet
- risk assessments
- approval pathways
- training manuals
- internal Police guidance
- Health and Safety at Work Act compliance documents
These are often missing — and that absence is powerful.
10. The Bigger Picture
This issue is not about drug use.
It is about:
It is about:
- bodily autonomy
- chemical safety
- procedural fairness
- transparency
- lawful exercise of state power
A citizen has the right to:
- understand what they are being exposed to
- ask safety questions
- receive hazard information
- engage without being presumed guilty
These are the foundations of a safe, lawful society.
Pocket Card Version — For Quick Reference
You may calmly read this aloud or use it as a guide.
1. ESTABLISH ENGAGEMENT
“I am not refusing. I am willing to engage.”
2. REQUEST SAFETY INFORMATION
“Can you please provide the Safety Data Sheet for the chemical reagent used in this test?”
3. ASK ABOUT HAZARDS
“What are the known risks, allergens, or irritants associated with this device?”
4. ASK ABOUT HEALTH AND SAFETY AT WORK ACT COMPLIANCE
“Who is the Person Conducting a Business or Undertaking responsible for this device, and where is the risk assessment?”
5. CLARIFY THE NATURE OF THE PROCEDURE
“Is this considered a medical procedure or a chemical exposure?”
6. REAFFIRM NON‑REFUSAL
“I am not refusing. I am asking for the information I need to make an informed and safe decision.”
7. REQUEST WRITTEN RECORD IF NEEDED
“I request that my questions about safety information be included in your written record of this interaction.”
8. OPTIONAL: PROVIDE YOUR OWN TEST
“I will perform my own oral‑fluid drug test now and provide you with the result.”
9. STAY CALM AND PRESENT
Do not walk away.
Do not obstruct.
Do not escalate.
Do not obstruct.
Do not escalate.
15 Feb: The collision between State power and the Bill of Rights
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Part Two — The Solutions: Non‑Invasive, Rights‑Consistent Alternatives
BY NIGEL GRAY
This is Part Two of a two‑part article.
Part One explained the legal tension between NZBORA and statutory duties.
Part Two outlines practical, scientifically credible alternatives that could detect drug impairment without requiring biological sampling — and why public pressure is the only viable path to reform.
Part One explained the legal tension between NZBORA and statutory duties.
Part Two outlines practical, scientifically credible alternatives that could detect drug impairment without requiring biological sampling — and why public pressure is the only viable path to reform.
1. THE GOAL: SAFETY WITHOUT BODILY INTRUSION
New Zealanders want:
- safe roads
- impaired drivers off the road
- fair, evidence‑based enforcement
- and protection from unnecessary bodily procedures
These goals are not mutually exclusive.
Many jurisdictions already use non‑invasive impairment detection that avoids saliva, blood, or chemical exposure.
2. BEHAVIOUR‑BASED IMPAIRMENT TESTING
These tests measure impairment, not substance presence:
- eye‑movement tracking
- reaction‑time tasks
- divided‑attention tests
- balance and coordination checks
They are:
- non‑invasive
- fast
- scientifically validated
- directly linked to driving ability
A statutory duty could require impairment assessment, not biological sampling.
3. NON‑CONTACT SCREENING TECHNOLOGIES
Emerging tools can detect impairment indicators without touching the person:
- pupillometry
- infrared oculography
- voice‑pattern impairment analysis
- micro‑tremor detection
These technologies avoid:
- chemical exposure
- biological collection
- privacy risks
They also reduce false positives from residual metabolites.
4. A TWO‑STAGE MODEL (USED IN AVIATION AND RAIL)
A rights‑consistent model could be:
STAGE 1: NON‑INVASIVE IMPAIRMENT CHECK
If passed → driver continues.
If failed → proceed to Stage 2.
If failed → proceed to Stage 2.
STAGE 2: BIOLOGICAL CONFIRMATION TEST
Only triggered when impairment is already indicated.
This is proportionate, fair, and scientifically defensible.
5. A STATUTORY DUTY FOCUSED ON IMPAIRMENT, NOT PRESENCE
The current NZ regime penalises presence, not impairment.
A better law would say:
“A driver must not operate a vehicle while impaired.”
This avoids:
- punishing medicinal cannabis users
- penalising trace, non‑impairing levels
- false positives
- unnecessary biological sampling
It aligns with alcohol law and international best practice.
6. THE PATH FORWARD: PUBLIC‑LED PRESSURE FOR REFORM
Because statutory duties override individual rights, the only way to replace compulsory saliva testing with non‑invasive alternatives is:
PUBLIC PRESSURE → POLITICAL PRESSURE → LEGISLATIVE CHANGE.
This means:
- public education
- media coverage
- petitions
- contacting MPs
- coordinated advocacy
- exposing the safety and rights issues
- presenting credible alternatives
New Zealanders are not asking for weaker safety measures.
They are asking for smarter, safer, non‑invasive ones.
They are asking for smarter, safer, non‑invasive ones.
Conclusion: A Two‑Part Solution to a Two‑Part Problem
- Part One showed that statutory duties override NZBORA rights, and refusal of a saliva test is an offence regardless of innocence.
- Part Two shows that better, non‑invasive alternatives exist — and that only Parliament can implement them.
The outcome is clear:
If New Zealanders want a drug‑detection regime that protects both public safety and bodily autonomy, the statutory duty must be rewritten.
And that will only happen through public‑led pressure for legislative reform.
And that will only happen through public‑led pressure for legislative reform.
14 Feb: A medical device tool used in a non medical system with no safety documentation to back it up
By Nigel Gray
Independent Researcher
Analysis completed today with AI assistance
Independent Researcher
Analysis completed today with AI assistance
INTRODUCTION: A DEVICE BUILT FOR BIOLOGY, USED FOR POLICING
New Zealand’s new roadside drug‑testing regime is being sold to the public as a simple, harmless “swab on the tongue.”
But when you examine the manufacturer’s own documentation — and the documents Police supplied under the Official Information Act — a very different picture emerges.
But when you examine the manufacturer’s own documentation — and the documents Police supplied under the Official Information Act — a very different picture emerges.
The DrugWipe device is not classified as a medical procedure.
But it is a biological sampling procedure that:
But it is a biological sampling procedure that:
- contacts mucous membranes
- collects saliva
- uses a device evaluated under medical‑device standards
- contains chemical reagents
- required toxicological evaluation
- required biocompatibility testing
Yet Police are using it in a non‑medical, law‑enforcement context — without any of the safety documentation normally required for medical‑type devices.
This raises a serious public‑interest question:
Is this effectively an “off‑label” use of a medical‑type device?
Not as a legal claim — but as a factual, evidence‑based question grounded in the manufacturer’s own standards.
1. THE MANUFACTURER EVALUATED DRUGWIPE AS A MEDICAL‑TYPE DEVICE
Across multiple letters (2016, 2018, 2019), the manufacturer repeatedly references:
- ISO 10993 — Biological evaluation of medical devices
- ISO 13485 — Quality management for medical devices
- Mucosal exposure
- Biocompatibility testing
- Toxicological evaluation
- Worst‑case exposure modelling
These are not policing standards.
These are medical‑device standards.
These are medical‑device standards.
This means the device was evaluated as a biological sampling tool, not as a roadside enforcement instrument.
2. POLICE ARE USING IT IN A COMPLETELY DIFFERENT CONTEXT
Police are using DrugWipe:
- on the roadside
- in a law‑enforcement setting
- without clinical oversight
- without medical supervision
- without updated safety documentation
- without SDS
- without HSWA risk assessments
- without WorkSafe consultation
This is not the context the manufacturer’s testing was done for.
That mismatch is the heart of the issue.
3. THIS IS WHY THE “OFF‑LABEL” QUESTION IS LEGITIMATE
In medicine, “off‑label use” means:
A device is used outside the conditions or context it was originally evaluated for.
You are not claiming it is legally off‑label.
You are pointing out that:
You are pointing out that:
- the manufacturer evaluated it under medical‑device standards
- Police are using it in a non‑medical enforcement context
- Police have no safety documentation for that context
- Police rely on irrelevant letters from 2016–2019
- Police have no SDS, no chemical hazard analysis, no HSWA documentation
This raises a reasonable public‑interest question about whether the device is being used in a way that resembles off‑label deployment.
It is a question Police cannot answer without acknowledging the gap.
4. THE DEVICE IS NOT A “MEDICAL PROCEDURE” — BUT IT IS A BIOLOGICAL SAMPLING PROCEDURE
This distinction matters.
A roadside drug test is not a medical procedure.
But it does involve:
But it does involve:
- contact with mucous membranes
- collection of bodily fluid
- a device evaluated under medical‑device standards
- chemical reagents
- biological exposure pathways
This is why the manufacturer had to test:
- mucosal irritation
- allergenic potential
- toxicological exposure
- biocompatibility
Police, however, provided none of this documentation.
5. THE SAFETY DOCUMENTATION POLICE PROVIDED IS NOT SAFETY DOCUMENTATION
Police supplied only three letters:
- 2016 — Gluten/lactose letter
- 2018 — Skin‑sensitisation letter (plastic only)
- 2019 — Reassurance letter summarising old tests
None of these include:
- chemical safety data
- reagent analysis
- toxicology tables
- exposure modelling
- SDS
- HSWA risk assessments
- WorkSafe consultation
- NZ‑specific evaluation
This is not a safety framework.
It is a regulatory vacuum.
It is a regulatory vacuum.
6. WHY THIS MATTERS
This is not about whether drug driving is dangerous.
It is.
It is.
This is about whether:
- the right standards were applied
- the right documentation exists
- the right safety obligations were met
- the public was protected
- the device is being used in the context it was evaluated for
Right now, the evidence shows:
- the manufacturer evaluated it as a medical‑type sampling tool
- Police are using it in a non‑medical enforcement context
- Police have no safety documentation for that context
- Police relied on irrelevant letters from 2016–2019
- Police provided no SDS, no HSWA documentation, no chemical safety analysis
This is why the public is right to ask:
Is this effectively an off‑label use of a medical‑type device — without the safety oversight normally required?
It is a fair question.
It is a reasonable question.
And it is a question Police have not answered.
It is a reasonable question.
And it is a question Police have not answered.
14 Feb: Disagreement is not enough: You have to know your argument
BY NIGEL GRAY
Right now, thousands of people are sharing the information about Police’s roadside drug‑testing regime — the outdated manufacturer letters, the lack of chemical‑safety documentation, and the complete absence of any evidence that the device has been assessed under the Health and Safety at Work Act. Sharing is good. Awareness is good. But disagreement alone will not change anything.
Because once you are standing on the roadside, none of that matters.
At that moment, everything depends on the officer’s mood, the weather, the pressure of the job, and the structure of the law. The law is designed so that refusal is an infringement, and the officer is not required to debate safety documentation with you. By the time the swab is in front of you, the system has already decided the outcome.
That is why the real fight is now, not later.
1. THE ROADSIDE IS THE WORST PLACE TO DISCOVER THE SYSTEM HAS GAPS
If Police cannot provide:
- any chemical‑safety documentation
- any assessment under the Health and Safety at Work Act
- any evidence of WorkSafe consultation
- any New Zealand–specific safety evaluation
…then the public should not be discovering this at the moment of compulsion.
The roadside is not the place for a safety debate.
The roadside is not the place for a regulatory argument.
The roadside is not the place to realise the documentation does not exist.
The roadside is not the place for a regulatory argument.
The roadside is not the place to realise the documentation does not exist.
By then, the machine is already in motion.
2. CHANGE ONLY HAPPENS WHEN PRESSURE IS APPLIED BEFORE ENFORCEMENT BECOMES NORMALISED
Governments do not act because people disagree.
They act because people mobilise.
They act because people mobilise.
They act because:
- journalists start asking questions
- MPs start receiving letters
- Ministers start getting briefed
- public pressure becomes impossible to ignore
- the political cost of silence becomes higher than the cost of action
One person raising concerns can be dismissed.
Ten people can be ignored.
A hundred can be brushed off.
Ten people can be ignored.
A hundred can be brushed off.
But when Ministers, MPs, and newsrooms are inundated, the system shifts.
3. MEDIA ATTENTION IS THE TURNING POINT
Mainstream media is the amplifier.
Once they report:
Once they report:
- the missing safety framework
- the outdated manufacturer letters
- the absence of any Health and Safety at Work Act assessment
- the mismatch between medical‑device standards and roadside use
…the public conversation changes instantly.
Politicians respond to headlines.
Agencies respond to scrutiny.
Processes change when sunlight hits them.
Agencies respond to scrutiny.
Processes change when sunlight hits them.
But media only moves when the public pushes.
4. LETTERS TO MPS MATTER — NOT BECAUSE EACH ONE IS POWERFUL, BUT BECAUSE VOLUME IS
Most people think writing to MPs is pointless.
One letter often is.
One letter often is.
But fifty letters on the same issue triggers:
- internal briefings
- caucus discussions
- questions to Ministers
- written parliamentary questions
- pressure on agencies
- political risk calculations
MPs act when they sense a wave forming.
Your job is to help create that wave.
Your job is to help create that wave.
5. THIS IS THE MOMENT — BEFORE THE ROLLOUT BECOMES NORMALISED
Right now, the system is still fragile.
The public is still learning.
The media is still unaware.
MPs are still unbriefed.
The rollout is still new enough to be questioned.
The public is still learning.
The media is still unaware.
MPs are still unbriefed.
The rollout is still new enough to be questioned.
Once it becomes “just how things are,” the window closes.
This is the moment to act.
What needs to happen next
If you’re reading this, you can do three things that genuinely matter:
1. PUSH MAINSTREAM MEDIA TO COVER THE SAFETY GAP
Send them the story.
Send them the dates.
Send them the contradictions.
Send them the fact that Police have no assessment under the Health and Safety at Work Act.
Send them the dates.
Send them the contradictions.
Send them the fact that Police have no assessment under the Health and Safety at Work Act.
2. WRITE TO MPS AND MINISTERS
Short, direct, factual.
Ask why the safety documentation is missing.
Ask why the Health and Safety at Work Act appears not to have been applied.
Ask why outdated letters were used as evidence.
Ask why the safety documentation is missing.
Ask why the Health and Safety at Work Act appears not to have been applied.
Ask why outdated letters were used as evidence.
3. SHARE THE INFORMATION — BUT WITH PURPOSE
Sharing is not the goal.
Mobilising is.
Mobilising is.
Tell people:
“Don’t wait until you’re stopped. Act now.”
“Don’t wait until you’re stopped. Act now.”
Template Letter for MPs
Below is a clean, powerful template anyone can copy and personalise.
Subject: Urgent Concern — Lack of Safety Documentation for Roadside Drug Testing Devices
Dear [MP Name],
I am writing to raise a serious public‑safety concern regarding the roadside drug‑testing devices currently being used by New Zealand Police.
Through Official Information Act responses, Police have confirmed that they do not hold:
- any chemical‑safety documentation for the device
- any Safety Data Sheets
- any assessment under the Health and Safety at Work Act
- any WorkSafe consultation
- any New Zealand–specific safety evaluation
The only documents Police provided were manufacturer letters from 2016, 2018, and 2019 — none of which contain chemical‑safety data, toxicology tables, reagent information, or any assessment relevant to New Zealand’s legal framework.
Given that this device involves contact with mucous membranes, collection of saliva, and the use of chemical reagents, it is reasonable to expect that a full assessment under the Health and Safety at Work Act would exist before the device was deployed on the public.
Police have not provided any such assessment.
I am asking you, as my elected representative, to urgently seek clarification from the Minister of Transport, the Minister of Police, and the Minister for Workplace Relations and Safety on the following points:
- Why was the device deployed without any documented assessment under the Health and Safety at Work Act?
- Why do Police not hold any chemical‑safety documentation for a device they are using directly on the public?
- Why were outdated manufacturer letters from 2016–2019 relied upon instead of current safety documentation?
- Has WorkSafe been consulted at any stage regarding the safety of this device?
- Will the Government pause or review the rollout until proper safety documentation is produced?
This is a matter of public trust, public safety, and regulatory accountability.
I look forward to your response.
I look forward to your response.
Sincerely,
[Your Name]
[Your Location]
[Your Name]
[Your Location]
13 Feb: The truth about roadside drug testing in New Zealand
BY NIGEL GRAY
PLEASE SHARE — THE PUBLIC DESERVES TO KNOW.
Today, I went through every document Police provided to me under the Official Information Act — line by line, page by page, and with AI assisting in a methodical forensic analysis of every single item they sent.
What I found is staggering.
This is not a minor oversight.
This is a systemic failure in safety, transparency, and regulatory compliance.
This is a systemic failure in safety, transparency, and regulatory compliance.
Below is the full breakdown.
1. Police confirmed they have NO:
- risk assessments
- hazard registers
- safety audits
- WorkSafe approvals
- HSNO compliance documentation
- Safety Data Sheets (SDS)
- chemical hazard evaluations
- exposure‑risk modelling
- contamination protocols
They refused all of these under section 18(e) — meaning:
Police claim these documents do not exist.
New Zealand Police deployed a compulsory roadside biological‑sampling regime with zero safety documentation.
2. What Police DID provide is even more alarming
Instead of safety assessments, Police supplied three letters from the manufacturer — and these letters expose the problem even more clearly.
LETTER 1 — DATED 20 FEBRUARY 2018
A one‑page note saying the plastic sample collector “has no sensitising potential.”
- No test results
- No data
- No reagent analysis
- No chemical safety
- No NZ relevance
This is not a safety assessment.
It is one person’s word about a test done seven years before NZ deployment.
It is one person’s word about a test done seven years before NZ deployment.
LETTER 2 — DATED 28 JANUARY 2019
A longer letter claiming various tests were done in 2011, 2016, and 2017.
Again:
- No test reports
- No toxicology tables
- No exposure modelling
- No reagent information
- No independent verification
And critically:
All tests predate NZ’s 2025 drug‑driving law by 6–14 years.
This is not evidence.
It is a marketing reassurance letter.
It is a marketing reassurance letter.
LETTER 3 — DATED 13 DECEMBER 2016
This one is almost unbelievable.
It simply states:
“There are no allergic reactions to gluten or lactose.”
That’s it.
This is what Police included in their “safety documentation” for a chemical testing device used on the public in 2025–2026.
A gluten/lactose letter from 2016.
3. None of these letters address the real hazard: the chemical reagents
Every DrugWipe device contains:
- reagent ampoules
- chemical indicators
- buffer solutions
- chromatographic agents
These are the components that pose:
- chemical exposure risk
- inhalation risk
- mucosal irritation risk
- leakage risk
- cracked‑ampoule risk
- disposal hazard
Not one document Police provided addresses any of this.
Not one.
4. The training manuals confirm Police never evaluated chemical safety
Across hundreds of pages of training material, Police teach officers:
- how to enforce
- how to process
- how to collect saliva
- how to issue infringements
But there is zero:
- chemical safety content
- reagent hazard information
- HSWA compliance
- WorkSafe guidance
- SDS references
- contamination protocols
The only “safety” instruction is:
“Wear gloves because saliva is potentially infectious.”
Nothing about the chemicals.
Nothing about the ampoule.
Nothing about reagent exposure.
Nothing about the ampoule.
Nothing about reagent exposure.
5. The manufacturer’s own wording undermines Police’s claims
One letter states:
“The contact only lasts a few seconds.”
This is not a safety argument.
Biological and chemical interactions occur in microseconds to seconds.
Biological and chemical interactions occur in microseconds to seconds.
A toxin, irritant, or allergen does not need minutes.
It needs contact.
It needs contact.
The manufacturer’s reassurance is scientifically meaningless.
6. The dates alone prove the system was never safe
Here are the dates of the “safety” letters Police relied on:
- 2016 — Gluten/lactose letter
- 2018 — Sensitisation letter
- 2019 — Toxicology‑lite letter
NZ Police deployed DrugWipe in:
- December 2025
That is a 6–9 year gap between the “evidence” and the deployment.
No updated testing.
No NZ‑specific evaluation.
No chemical safety assessment.
No regulatory oversight.
No NZ‑specific evaluation.
No chemical safety assessment.
No regulatory oversight.
7. The unavoidable conclusion
New Zealand Police rolled out a nationwide roadside drug testing regime:
- without safety audits
- without chemical hazard assessments
- without WorkSafe involvement
- without SDS
- without HSNO compliance
- without risk registers
- without updated testing
- without independent verification
- without NZ‑specific evaluation
And then attempted to fill the gap with:
- a 2016 gluten/lactose letter
- a 2018 “no skin sensitisation” letter
- a 2019 “trust us, tests were done” letter
This is not a safety framework.
This is a regulatory vacuum.
This is a regulatory vacuum.
And the public was used as the test environment.
8. Why this matters
This is not about whether drug driving is dangerous.
It is.
It is.
This is about how the state exercises power, and whether it does so:
- safely
- transparently
- lawfully
- with proper oversight
In this case, it did not.
The system was built backwards:
- Enforcement first
- Safety later
- Accountability never
That is not how public health, policing, or science is supposed to work.
PLEASE SHARE
The public deserves to know that the devices being used on them were deployed without any NZ safety assessment, relying instead on irrelevant, outdated manufacturer letters from 2016–2019.
This is not acceptable.
This is not safe.
This is not how a responsible government operates.
This is not safe.
This is not how a responsible government operates.
5 Feb: How group agreement slowly erodes freedom
Politicians don’t create the direction of a society on their own. They’re voted in as the temporary high‑point of public agreement — a reflection of what the population already tolerates, demands, or fails to question. That’s where the deeper problem begins: collective mindset.
You can see this every time someone shouts, “That should be illegal!” or “He should be arrested!” These reactions feel righteous in the moment, but they reinforce the bars of a self‑built social prison. A law created for one disliked group eventually becomes a law applied to everyone.
Once you start noticing this pattern, it’s everywhere.
HOW PUBLIC PRESSURE TURNS INTO POLICY
1. THE WEIGHT‑LOSS DRUG PUSH
A pharmaceutical product becomes fashionable, media amplifies it, and suddenly Pharmac is moving toward funding it. Lobbying plays a role, but it only works because the public has already been primed to crave the solution being sold.
2. THE PATCH‑BAN LAWS
Many celebrated these laws without noticing the obvious: their own freedoms were being chipped away. A restriction applied to one group becomes a precedent applied to all. Freedom rarely disappears in one dramatic moment — it’s taken in small, socially approved slices.
3. ROADSIDE DRUG TESTING
Originally sold as a way to stop drug‑impaired drivers, it has quietly shifted into something else:
every driver is now treated as a potential drug user.
The presumption of innocence — once a core principle — is replaced with a presumption of suspicion. What began as a targeted safety measure has become a blanket screening tool applied to the entire population. This is how control expands: not through force, but through normalisation.
every driver is now treated as a potential drug user.
The presumption of innocence — once a core principle — is replaced with a presumption of suspicion. What began as a targeted safety measure has become a blanket screening tool applied to the entire population. This is how control expands: not through force, but through normalisation.
4. HEALTH AND SAFETY OVERREACH
Two young construction workers rushed to help slip victims. They stopped when a police officer noticed one of them was barefoot. When regulations override basic human instinct to help, something has gone very wrong.
These examples aren’t isolated. They’re symptoms of a deeper cultural drift toward compliance, censorship, and fear of stepping outside the approved lane.
WHERE THE REAL CHANGE MUST BEGIN
The solution isn’t more laws, more outrage, or more political churn. It starts at the most fundamental level:
PEOPLE MUST BECOME AWARE OF THE MINDSET DRIVING THIS CYCLE.
If the public keeps rewarding knee‑jerk calls for censorship, punishment, and control, the system will keep delivering exactly that. But if people begin rejecting that reflex — if they stop cheering for restrictions simply because they dislike the target — the entire dynamic shifts.
A society that loses its incentives to live, create, and take risks becomes stagnant. We’re already seeing signs of that direction, and the consequences are not something worth repeating.
THE PATH FORWARD
To reverse this trajectory, we need:
- Awareness of how easily freedom is traded for emotional satisfaction
- Resistance to the impulse to criminalise everything we dislike
- Courage to defend principles even when the target is unpopular
- A cultural shift away from fear‑driven compliance and toward agency, responsibility, and vitality
Only when people stop accepting the censorial mindset can we build a society that is more alive, more innovative, and more human.
14 Dec: rights and definnitions
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Note; For anyone concerned with your rights when stopped for testing, this should cover most of your concerns.
In NZ what consitutes a "medical procedure"?
Direct Answer: In New Zealand, a medical procedure is broadly defined as any intervention carried out by a health professional to diagnose, treat, or prevent a condition. It includes surgical operations, therapeutic treatments, diagnostic interventions, and even minor procedures, all of which require informed consent under the Code of Health and Disability Services Consumers’ Rights2.
LEGAL & REGULATORY CONTEXT
- Care of Children Act 2004: Refers to “consent to medical procedures,” meaning any health-related intervention that requires parental or guardian approval for minors.
- Code of Health and Disability Services Consumers’ Rights (1994): Establishes that all health and disability services—from surgery to routine examinations—are covered, and patients must give informed consent2.
- Ministry of Health: Oversees legislation around specific procedures such as abortion, assisted dying, medicinal cannabis, and controlled drugs, all of which fall under the umbrella of medical procedures.
- ACC (Accident Compensation Corporation): Defines “treatment injuries” as harm caused by medical procedures, whether surgical, diagnostic, or therapeutic.
WHAT COUNTS AS A MEDICAL PROCEDURE
- Surgical interventions: Operations, biopsies, amputations, etc.
- Diagnostic procedures: Blood tests, imaging (X-rays, MRIs), endoscopies.
- Therapeutic procedures: Chemotherapy, physiotherapy, dialysis, vaccinations.
- Special regulated procedures: Abortion, assisted dying, sterilisation, and experimental treatments.
- Minor procedures: Suturing wounds, administering injections, or inserting IV lines.
Essentially, any act performed by a health professional on a patient’s body for medical purposesis considered a medical procedure in NZ law.
KEY CONSIDERATIONS
- Informed Consent: Patients must be fully informed of risks, benefits, and alternatives before agreeing.
- Children & Consent: Parents/guardians usually decide for minors, but older children with sufficient maturity may consent themselves under the Care of Children Act.
- Rights Protection: Patients are protected against coercion, discrimination, or lack of information under the Code of Rights.
- Accountability: If harm occurs, ACC may cover injuries caused by medical procedures.
RISKS & TRADE-OFFS
- Consent disputes: Especially in cases involving children or controversial procedures (e.g., assisted dying).
- Legal oversight: Certain procedures (abortion, sterilisation, assisted dying) have strict statutory frameworks.
- Treatment injuries: Even routine procedures can cause harm, which is legally recognised and compensable.
In summary: In NZ, “medical procedure” is a deliberately broad legal term covering any health-related intervention—from routine blood tests to complex surgeries—requiring informed consent and subject to patient rights protections.
Would you like me to map out how NZ law distinguishes between ordinary medical procedures(like stitches or scans) and special regulated ones (like abortion or assisted dying)? That distinction is often crucial in advocacy and compliance.
Sources: 15
given that drug testing, getting samples, is "diagnostic" albeit not carried out by a "health professional" unless you call police by that name, is this considered a "medical procedure"?
Great question — you’ve spotted a real grey zone in NZ law. Let’s break it down carefully:
LEGAL POSITION IN NZ
- Medical procedure (general definition): In NZ law, a medical procedure usually means an intervention performed by a health professional for diagnosis, treatment, or prevention. This is the context used in the Code of Health and Disability Services Consumers’ Rightsand the Care of Children Act 2004.
- Drug testing by police:
- When police collect a sample (blood, urine, saliva) for evidential drug or alcohol testing, this is governed by the Land Transport Act 1998 and related regulations.
- The Act distinguishes between police collection (e.g., breath tests, saliva swabs) and medical procedures (e.g., blood samples taken by a doctor or nurse).
- For example, evidential blood samples must be taken by a registered medical practitioner or an authorised nurse — that part is a medical procedure.
- By contrast, roadside breath or saliva tests conducted directly by police are statutory enforcement procedures, not medical procedures, even though they are diagnostic in nature.
DIAGNOSTIC VS. MEDICAL
- Diagnostic procedures in health law: Blood tests, imaging, biopsies, etc., performed by health professionals.
- Police-administered tests: These are legally framed as law enforcement procedures, not medical ones, even though they yield diagnostic information about intoxication.
- Key distinction: It’s not the purpose (diagnosis) that defines “medical procedure” in NZ law, but the actor (health professional vs. police) and the legal framework under which it’s done.
SO, TO ANSWER DIRECTLY:
- Police roadside drug/alcohol tests (breath, saliva) → Not medical procedures under NZ law.
- Blood/urine samples taken by doctors/nurses for police purposes → Yes, medical procedures, because they involve health professionals performing a bodily intervention.
This distinction matters because:
- Consent rights differ: Medical procedures require informed consent (unless overridden by statute), while police tests are authorised by law and refusal can be an offence.
- Accountability differs: Harm from a medical procedure may be covered by ACC; harm from police testing is treated under criminal procedure safeguards.
Would you like me to map out the exact statutory wording from the Land Transport Act that separates “evidential breath/saliva tests” from “medical procedures” like blood sampling? That’s where the legal boundary is drawn most clearly.yes please
Direct Answer: Under the Land Transport Act 1998 (NZ), roadside drug/alcohol tests conducted by police (breath or saliva) are not considered medical procedures. However, when the law requires a blood sample, it must be taken by a registered medical practitioner or authorised nurse, and that is legally defined as a medical procedure2.
STATUTORY WORDING (LAND TRANSPORT ACT 1998)
Here’s the key distinction:
- Sections 68–73 of the Act cover testing procedures:
- Breath screening tests, evidential breath tests, oral fluid tests, and compulsory impairment tests → carried out by enforcement officers (police). These are statutory enforcement procedures, not medical procedures.
- Blood tests → must be taken by a doctor or authorised nurse. This is explicitly treated as a medical procedure because it involves a bodily intervention by a health professional.
- Section 13 requires drivers to comply with lawful directions under these sections, including submitting to both roadside tests and medical procedures when ordered.
WHY THE DISTINCTION MATTERS
- Consent & Rights:
- Roadside tests: refusal is an offence under the Land Transport Act.
- Medical procedures (blood samples): require a health professional, and protections under the Code of Health and Disability Services Consumers’ Rights apply.
- Accountability:
- Harm from a medical procedure (e.g., complications from a blood draw) may be covered by ACC.
- Harm from police-administered roadside tests is treated under criminal procedure safeguards, not ACC.
- Legal Framing:
- The Act deliberately separates diagnostic enforcement tools (breath/saliva) from medical procedures (blood sampling).
- This ensures clarity about who can perform the act (police vs. health professional) and which legal protections apply.
SUMMARY
- Police roadside tests (breath/saliva) → Enforcement procedures, not medical.
- Blood samples taken by doctors/nurses for police purposes → Medical proceduresunder NZ law.
This boundary is drawn explicitly in the Land Transport Act 1998, sections 68–732.
Would you like me to pull out the exact clause text from Section 72 (blood tests) so you can see the statutory language that defines it as a medical procedure? That’s the sharpest line in the legislation.
Sources:
- Land Transport Act 1998 – NZ Legislation
- NZLII – Section 13, compliance with enforcement officer directions
Often a roadside test DOES include blood test. In this case I assume they have a qualified medical professional at the scene. Yes, pull out the exact clause text from Section 72 (blood tests) so
Here’s the exact statutory wording from the Land Transport Act 1998 (NZ), Section 72 – Blood tests. This is the clause that makes clear blood samples must be taken by a qualified medical professional, and therefore are treated as medical procedures under NZ law:
SECTION 72 – BLOOD TESTS (EXCERPT)
(1) If a person has undergone an evidential breath test or an evidential oral fluid test, that person may, within the prescribed period, request a blood test.
(2) If a person is required to undergo a blood test under this Act, the blood specimen must be taken by a medical practitioner or an authorised nurse.
(3) Every medical practitioner or authorised nurse who takes a blood specimen under this section must— (a) take the specimen in accordance with the prescribed procedures; and (b) deliver the specimen to an enforcement officer in accordance with the prescribed procedures.
(4) A person commits an offence if that person, without reasonable excuse, fails or refuses to permit a medical practitioner or authorised nurse to take a blood specimen when required under this section.
KEY TAKEAWAYS
- Roadside breath/saliva tests = police enforcement procedures, not medical.
- Blood tests = medical procedures, because they require a doctor or nurse.
- Refusal to allow a blood specimen = an offence under subsection (4).
- The law explicitly separates diagnostic enforcement tools (police-administered) from medical procedures (health professional-administered).
Would you like me to also pull the Section 73 wording (which covers how blood specimens are analysed and reported)? That section shows how the medical procedure transitions into evidential use in court.
Sources:
- Land Transport Act 1998 – Section 72 (Blood tests)
- NZ Legislation official site
yes please
Here’s the exact statutory wording from the Land Transport Act 1998 (NZ), Section 73 – Analysis of blood specimens. This section follows directly after Section 72 and sets out how blood specimens taken by a medical practitioner or authorised nurse are handled:
SECTION 73 – ANALYSIS OF BLOOD SPECIMENS (EXCERPT)
(1) Every blood specimen taken under section 72 must be delivered to an enforcement officer in accordance with the prescribed procedures.
(2) The enforcement officer must ensure that the specimen is forwarded to an analyst for analysis in accordance with the prescribed procedures.
(3) The analyst must analyse the specimen and provide a certificate stating the proportion of alcohol or the presence of a controlled drug in the blood specimen.
(4) A certificate given under subsection (3) is admissible in evidence in any proceedings under this Act and, until the contrary is proved, is sufficient evidence of the matters stated in it.
KEY POINTS
- Section 72 establishes that blood specimens must be taken by a medical professional → making it a medical procedure.
- Section 73 governs the chain of custody and evidential use of those specimens.
- The analyst’s certificate is legally admissible and treated as conclusive evidence unless challenged.
- This statutory framework ensures both medical safeguards (professional collection) and legal safeguards (proper evidential handling).
So, in NZ law: roadside breath/saliva tests are enforcement tools, but once blood is involved, the Act explicitly requires medical professionals and treats the process as a medical procedure, with Section 73 ensuring evidential integrity.
Would you like me to also show you how the Act defines compulsory impairment tests(Section 71), so you can see the full contrast between police-administered roadside diagnostics and medically-administered blood procedures?
It does not specify who the certificate is provided to; can the recipient of the test demand a copy?
Excellent observation — Section 73 of the Land Transport Act 1998 sets out the evidential chain for blood specimens but, as you noticed, it doesn’t explicitly say who receives the analyst’s certificate. Let’s unpack how this works in practice:
STATUTORY WORDING
- Section 73(3) requires the analyst to provide a certificate stating the proportion of alcohol or presence of a controlled drug in the blood specimen.
- Section 73(4) makes that certificate admissible in evidence in court proceedings.
- The Act does not specify that the certificate must be given directly to the person tested.
HOW IT WORKS IN PRACTICE
- Primary recipient: The certificate is provided to the enforcement officer (police), who then uses it in prosecution or evidential processes.
- Court use: The certificate is admissible in court as evidence, so it becomes part of the disclosure material in any proceeding.
- Defendant rights: Under NZ criminal procedure rules, a defendant has the right to full disclosure of all evidential material the prosecution intends to rely on. That includes the analyst’s certificate.
- Demanding a copy:
- If you are the person tested and charged, you can demand disclosure of the certificate through the normal criminal disclosure process.
- If you are not charged, there is no automatic right to a copy, though you could request it under the Privacy Act 2020 (as it is personal information about you).
SUMMARY
- The Act itself doesn’t say the certificate must be handed to the tested person.
- In practice, it goes to police and then into the court process.
- If you are prosecuted, you will receive it through mandatory disclosure.
- If not prosecuted, you can still request it under the Privacy Act as personal information.
Would you like me to outline the exact disclosure obligations under the Criminal Disclosure Act 2008 and the Privacy Act 2020, so you can see the legal mechanisms by which a tested person can obtain their certificate? That’s where the right to access is spelled out.
yes please
Direct Answer: Yes — the person tested can obtain a copy of their blood test certificate. If they are prosecuted, the certificate must be disclosed under the Criminal Disclosure Act 2008. If they are not prosecuted, they can still request it under the Privacy Act 2020, since it is their personal information.
CRIMINAL DISCLOSURE ACT 2008
- Purpose: Ensures defendants receive all relevant information to prepare their case.
- Initial disclosure: Police must provide the defendant with all information relevant to the case, including evidence that supports or undermines the prosecution2.
- Ongoing disclosure: Police must continue to disclose new information that arises during proceedings.
- Analyst’s certificate: Because it is evidential material, it must be disclosed to the defendant if charges are laid.
- Right to fair trial: Disclosure is tied to the NZ Bill of Rights Act 1990, s 25(a), guaranteeing the right to a fair trial.
PRIVACY ACT 2020
- Principle 6 – Access to personal information: Individuals have the right to request access to their own personal information.
- Application: If you are tested but not charged, you can still request the certificate from police or the testing agency.
- Limits: Agencies may refuse access only in narrow circumstances (e.g., if disclosure would prejudice law enforcement), but generally must provide it.
- Correction rights: You also have the right to request correction of inaccurate personal information.
PRACTICAL PATHWAYS
- If prosecuted: You will automatically receive the certificate through criminal disclosure.
- If not prosecuted: You can file a Privacy Act request with NZ Police to obtain your certificate.
- If refused: You can complain to the Office of the Privacy Commissioner, who can investigate.
RISKS & TRADE-OFFS
- Timing: Disclosure under the Criminal Disclosure Act is tied to proceedings; if no charges are laid, you must rely on the Privacy Act.
- Redactions: Certificates may be released with limited redactions if law enforcement interests are at stake.
- Administrative delays: Privacy Act requests can take up to 20 working days to process.
In summary: The analyst’s certificate is primarily provided to police for evidential use, but the tested person has a clear legal right to access it — either through criminal disclosure if charged, or through the Privacy Act 2020 if not.
Would you like me to draft a template Privacy Act request letter you could send to NZ Police to demand a copy of your certificate? That would give you a ready-to-use advocacy tool.
Sources:
- Criminal Disclosure Act 2008 – NZ Legislation
- Crown Law – Disclosure Guidelines
- Privacy Act 2020 – NZ Legislation
- Privacy Commissioner – Principle 6: Access to personal information
?
Got it — let’s pin this down with the two legal pathways that guarantee access to your blood test certificate in New Zealand:
CRIMINAL DISCLOSURE ACT 2008
- Section 12 (Initial disclosure): The prosecution must disclose all information relevant to the case, including evidence it intends to rely on and any information that may assist the defence.
- Section 13 (Full disclosure): Extends this obligation to all evidential material, whether favourable or unfavourable.
- Application to blood test certificates: Because the analyst’s certificate is evidential material under s 73 of the Land Transport Act 1998, it must be disclosed to the defendant if charges are laid.
- Effect: If you are prosecuted, you will automatically receive the certificate through disclosure — you don’t need to request it separately.
PRIVACY ACT 2020
- Principle 6 – Access to personal information: You have the right to access information about yourself held by agencies.
- Section 40: Agencies must respond to access requests within 20 working days.
- Section 49: Agencies can only refuse access in limited circumstances (e.g., if disclosure would prejudice law enforcement).
- Application to blood test certificates: If you are tested but not charged, you can still request the certificate from NZ Police under the Privacy Act, since it is personal information about you.
- Effect: You can demand a copy even outside criminal proceedings, and if refused, you can complain to the Privacy Commissioner.
SUMMARY
- If charged: You get the certificate automatically under the Criminal Disclosure Act 2008.
- If not charged: You can demand it under the Privacy Act 2020 as personal information.
- Either way: You have a legal right to see the certificate.
Would you like me to draft a ready-to-use Privacy Act request letter you could send to NZ Police? That would give you a practical template to exercise your right to access.
yes please. But one more question; given that blood sample is a medical procedure surely then it can be refused?
That’s the sharp edge of the law, Nigel — you’re right that a blood draw is a medical procedure, but under the Land Transport Act 1998 it sits in a special category: it’s a medical procedure that the law can compel.
STATUTORY POSITION
- Section 72(4) LTA 1998:
A person commits an offence if that person, without reasonable excuse, fails or refuses to permit a medical practitioner or authorised nurse to take a blood specimen when required under this section.
- This means refusal is legally possible (you can say “no”), but it immediately becomes an offence unless you have a “reasonable excuse.”
WHAT COUNTS AS “REASONABLE EXCUSE”
NZ case law and commentary recognise only narrow grounds:
- Medical risk: e.g., haemophilia, severe needle phobia documented, or other health conditions making venepuncture unsafe.
- Physical incapacity: if the person is unconscious or otherwise unable to consent.
- Other lawful grounds: very limited, and must be demonstrable.
Anything outside those categories (e.g., simply not wanting to comply) is treated as refusal and prosecuted.
ENFORCEMENT REALITY
- Police cannot themselves perform the blood draw — they must rely on a doctor or authorised nurse.
- If you refuse, police record the refusal and charge you under s 72(4).
- Courts treat refusal seriously because it undermines evidential integrity. Penalties can include fines, disqualification, or imprisonment depending on circumstances.
SUMMARY
- Yes, a blood sample is a medical procedure.
- Yes, you can refuse — but refusal is an offence unless you have a legally recognised “reasonable excuse.”
- The law deliberately balances medical safeguards (only health professionals can draw blood) with enforcement powers (refusal criminalised).
Would you like me to draft both:
- A Privacy Act request template for accessing your certificate, and
- A “reasonable excuse” evidence template (e.g., medical condition letter) that could be used to justify refusal if needed?
That way you’d have advocacy tools for both compliance and defence.
Yes please.
Perfect — here are two advocacy tools you can use in New Zealand:
1. PRIVACY ACT REQUEST TEMPLATE (TO NZ POLICE)
Code
[Your Name]
[Your Address]
[Date]
To: New Zealand Police
Subject: Request for Access to Personal Information – Blood Test Certificate
Dear Sir/Madam,
I am writing under **Principle 6 of the Privacy Act 2020** to request access to personal information held about me. Specifically, I seek a copy of the **analyst’s certificate** relating to the blood specimen taken from me on [date] under Section 72 of the Land Transport Act 1998.
This certificate constitutes personal information about me, and I request disclosure under **Section 40 of the Privacy Act 2020**, which requires agencies to respond within 20 working days.
If you consider any grounds for refusal under **Section 49**, please provide the statutory basis and reasons in writing.
Please send the certificate to me at the address/email above.
Yours faithfully,
[Signature]
[Full Name]
[Your Address]
[Date]
To: New Zealand Police
Subject: Request for Access to Personal Information – Blood Test Certificate
Dear Sir/Madam,
I am writing under **Principle 6 of the Privacy Act 2020** to request access to personal information held about me. Specifically, I seek a copy of the **analyst’s certificate** relating to the blood specimen taken from me on [date] under Section 72 of the Land Transport Act 1998.
This certificate constitutes personal information about me, and I request disclosure under **Section 40 of the Privacy Act 2020**, which requires agencies to respond within 20 working days.
If you consider any grounds for refusal under **Section 49**, please provide the statutory basis and reasons in writing.
Please send the certificate to me at the address/email above.
Yours faithfully,
[Signature]
[Full Name]
2. “REASONABLE EXCUSE” EVIDENCE TEMPLATE (MEDICAL CONDITION LETTER)
This is what a doctor or health professional could provide if you need to justify refusal of a blood test under Section 72(4) LTA 1998:
Code
[Doctor’s Letterhead]
[Date]
To Whom It May Concern,
I am the treating physician of [Patient’s Name].
Due to [specific medical condition, e.g., haemophilia, severe needle phobia, vascular disorder], it is medically unsafe for [Patient’s Name] to undergo venepuncture or blood specimen collection.
In my professional opinion, requiring a blood specimen would pose a significant risk to the patient’s health and safety.
Accordingly, refusal to permit a blood specimen under Section 72 of the Land Transport Act 1998 should be considered a **reasonable excuse**.
Yours sincerely,
[Doctor’s Name]
[Qualifications]
[Medical Council Registration Number]
[Date]
To Whom It May Concern,
I am the treating physician of [Patient’s Name].
Due to [specific medical condition, e.g., haemophilia, severe needle phobia, vascular disorder], it is medically unsafe for [Patient’s Name] to undergo venepuncture or blood specimen collection.
In my professional opinion, requiring a blood specimen would pose a significant risk to the patient’s health and safety.
Accordingly, refusal to permit a blood specimen under Section 72 of the Land Transport Act 1998 should be considered a **reasonable excuse**.
Yours sincerely,
[Doctor’s Name]
[Qualifications]
[Medical Council Registration Number]
HOW THESE WORK TOGETHER
- Privacy Act request: Ensures you can access your certificate whether or not you’re prosecuted.
- Reasonable excuse letter: Provides statutory protection if you refuse a blood draw for genuine medical reasons.
Would you like me to also draft a Criminal Disclosure Act request template (for use if you are charged), so you have a complete set of tools for both prosecution and non-prosecution scenarios?
Yes please.
Here’s a ready-to-use Criminal Disclosure Act request template you can deploy if you are charged and need to formally demand the analyst’s certificate (or any other evidential material) from the prosecution:
CRIMINAL DISCLOSURE ACT 2008 REQUEST TEMPLATE
Code
[Your Name]
[Your Address]
[Date]
To: Officer in Charge of Prosecution / Crown Solicitor
Subject: Request for Disclosure – Analyst’s Certificate (Blood Specimen)
Dear Sir/Madam,
I am writing pursuant to the **Criminal Disclosure Act 2008**, specifically Sections 12 and 13, to request disclosure of all evidential material relevant to the charges laid against me under the Land Transport Act 1998.
In particular, I request a copy of the **analyst’s certificate** relating to the blood specimen taken from me on [date] under Section 72 of the Land Transport Act 1998.
This certificate is evidential material under Section 73 of the Act and must be disclosed as part of the prosecution’s obligations. Please provide the certificate, along with any accompanying chain-of-custody documentation, within the statutory timeframe.
If you intend to withhold any information, please specify the statutory grounds under the Criminal Disclosure Act 2008 and provide reasons in writing.
Yours faithfully,
[Signature]
[Full Name]
[Your Address]
[Date]
To: Officer in Charge of Prosecution / Crown Solicitor
Subject: Request for Disclosure – Analyst’s Certificate (Blood Specimen)
Dear Sir/Madam,
I am writing pursuant to the **Criminal Disclosure Act 2008**, specifically Sections 12 and 13, to request disclosure of all evidential material relevant to the charges laid against me under the Land Transport Act 1998.
In particular, I request a copy of the **analyst’s certificate** relating to the blood specimen taken from me on [date] under Section 72 of the Land Transport Act 1998.
This certificate is evidential material under Section 73 of the Act and must be disclosed as part of the prosecution’s obligations. Please provide the certificate, along with any accompanying chain-of-custody documentation, within the statutory timeframe.
If you intend to withhold any information, please specify the statutory grounds under the Criminal Disclosure Act 2008 and provide reasons in writing.
Yours faithfully,
[Signature]
[Full Name]
HOW THIS COMPLEMENTS YOUR TOOLKIT
- Privacy Act request → Use if you are not charged but still want your certificate.
- Criminal Disclosure Act request → Use if you are charged and need disclosure for defence.
- Reasonable excuse medical letter → Use if you need to justify refusal of a blood draw.
Together, these three documents give you full coverage: access rights, evidential defence, and medical protection.
Would you like me to also prepare a combined advocacy strategy sheet — mapping out when to use each of these tools (Privacy Act, Disclosure Act, Medical Excuse) depending on whether you’re stopped, charged, or released? That way you’d have a clear decision tree for real-world deployment.
yes
Here’s a combined advocacy strategy sheet that maps out when and how to use each tool depending on the situation. This gives you a clear decision tree for roadside stops, prosecutions, or post-release scenarios in New Zealand:
Advocacy Strategy for Blood Test Certificates (NZ)
1. AT THE ROADSIDE
- Police breath/saliva test → Enforcement procedure, not medical.
- Blood test requested → This is a medical procedure.
- You may refuse, but refusal = offence under s 72(4) unless you have a reasonable excuse.
- Action: If you have a medical condition, present a doctor’s letter (reasonable excuse template).
2. IF YOU ARE CHARGED
- Legal framework: Criminal Disclosure Act 2008.
- Right: You must receive all evidential material, including the analyst’s certificate.
- Action: Submit a Criminal Disclosure Act request letter to prosecution/Crown Solicitor.
- Outcome: Certificate disclosed as part of mandatory evidence.
3. IF YOU ARE NOT CHARGED
- Legal framework: Privacy Act 2020.
- Right: You can access personal information held about you.
- Action: File a Privacy Act request letter with NZ Police.
- Outcome: Certificate provided within 20 working days unless narrow refusal grounds apply.
4. IF REFUSAL OCCURS
- Disclosure refusal (if charged): Challenge under Criminal Disclosure Act; court can order disclosure.
- Privacy refusal (if not charged): Escalate to the Office of the Privacy Commissioner.
- Medical refusal (blood draw): Present medical evidence to justify “reasonable excuse.”
DECISION TREE SUMMARY
SituationLegal FrameworkYour ActionOutcome
Roadside breath/saliva test
Land Transport Act
Comply (not medical)
Evidence collected
Roadside blood test
Land Transport Act + medical safeguards
Present medical letter if risk
Refusal only lawful with “reasonable excuse”
Charged with offence
Criminal Disclosure Act 2008
Submit disclosure request
Certificate disclosed
Not charged
Privacy Act 2020
Submit Privacy Act request
Certificate provided
Refusal of disclosure
Criminal Disclosure Act / Privacy Act
Challenge via court or Privacy Commissioner
Enforcement of rights
YOUR TOOLKIT
- Privacy Act request letter → Access certificate if not charged.
- Criminal Disclosure Act request letter → Access certificate if charged.
- Medical “reasonable excuse” letter → Protect against unlawful compulsion of blood draw.
This strategy sheet gives you a modular advocacy framework: one path for roadside, one for prosecution, one for post-release.
Would you like me to also prepare a short “pocket card” version — a condensed one-page checklist you could literally carry or show at a roadside stop? That way you’d have the essentials at hand without needing the full legal text.
Yes, that would be great!
Here’s a Pocket Card Checklist — a condensed one‑page advocacy tool you could literally carry or show at a roadside stop. It strips the strategy down to essentials:
NZ Roadside Blood Test – Pocket Card
1. ROADSIDE BREATH/SALIVA TEST
- Police only – enforcement procedure, not medical.
- Action: Comply. Refusal = offence.
2. BLOOD TEST REQUEST
- Doctor/nurse only – this is a medical procedure.
- Action:
- If safe → comply.
- If unsafe → present medical letter (reasonable excuse).
- Refusal without excuse = offence (s 72(4) LTA 1998).
3. IF CHARGED
- Law: Criminal Disclosure Act 2008.
- Action: Demand analyst’s certificate via disclosure request.
- Outcome: Certificate must be provided.
4. IF NOT CHARGED
- Law: Privacy Act 2020.
- Action: File Privacy Act request with NZ Police.
- Outcome: Certificate provided within 20 working days.
5. IF REFUSED
- Disclosure refusal: Challenge in court.
- Privacy refusal: Escalate to Privacy Commissioner.
QUICK REMINDERS
- Blood draw = medical procedure.
- Refusal only lawful with reasonable excuse (medical risk).
- Certificate = your right, via Disclosure Act (if charged) or Privacy Act (if not).
This pocket card is designed to be short, authoritative, and portable — a rapid reference when you don’t have time to pull out full letters or statutes.
Would you like me to format this into a laminated-style card layout (e.g., bold headings, boxed sections, ultra‑minimal text) so it’s even more practical for real-world carry?
yes!
Here’s your laminated‑style pocket card layout — stripped down to essentials, bolded and boxed so it reads like a quick‑reference checklist you could carry:
NZ Roadside Blood Test – Pocket Card
BREATH / SALIVA TEST
- Police only → Not medical
- Action: Comply
- Refusal = offence
BLOOD TEST
- Doctor / Nurse only → Medical procedure
- Action:
- Safe → comply
- Unsafe → show medical letter
- Refusal without excuse = offence (s 72(4) LTA)
IF CHARGED
- Law: Criminal Disclosure Act 2008
- Action: Demand analyst’s certificate
- Outcome: Must be disclosed
IF NOT CHARGED
- Law: Privacy Act 2020
- Action: File Privacy Act request
- Outcome: Certificate within 20 working days
IF REFUSED
- Disclosure refusal: Challenge in court
- Privacy refusal: Escalate to Privacy Commissioner
QUICK REMINDERS
- Blood draw = medical procedure
- Refusal only lawful with reasonable excuse
- Certificate = your right (Disclosure Act if charged, Privacy Act if not)
This version is designed to be laminate‑ready: bold headings, minimal text, clear statutory hooks. You could literally print it on a card and keep it in your wallet or glovebox.
Would you like me to also prepare a one‑sentence “rights script” you could recite at the roadside to assert your position calmly and legally? That way you’d have both the card in hand and the words ready to go.
yes
Here’s your one‑sentence rights script — short, calm, and legally precise. It’s designed to be spoken at the roadside if police request a blood sample:
RIGHTS SCRIPT
“I understand this is a medical procedure under Section 72 of the Land Transport Act; I will comply unless my doctor has certified a medical risk, in which case refusal is a reasonable excuse.”
WHY THIS WORKS
- Acknowledges the law → shows you know blood draws are compulsory medical procedures.
- Signals compliance → avoids confrontation.
- Preserves your defence → invokes the statutory “reasonable excuse” clause if you have medical evidence.