Government announces rollout of roadside drug testing legislation, police expected to undertake 50,000 tests per year

Legislation enabling roadside drug testing will be rolled out by the Government this year, giving police the power to randomly screen drivers for drugs.

Speaking at the launch of Road Safety Week today, Transport Minister Simeon Brown confirmed the legislation would be introduced this year as part of the Government’s commitment to improving road safety and restoring law and order.

“Alcohol and drugs are the number one contributing factor in fatal road crashes in New Zealand. In 2022, alcohol and drugs were contributors to 200 fatal crashes on our roads. Despite this, only 26 per cent of drivers think they are likely to be caught drug-driving,” Brown said.

The legislation would give police the power to screen drivers for drugs using oral fluid testing devices, similar to drink-driving enforcement.

“Oral fluid testing is common overseas and is an easy way to screen for drugs at the roadside. Our approach will bring New Zealand in line with Australian legislation and will remove unnecessary barriers that have delayed the fight against drug driving,” Brown said.

Transport Minister Simeon Brown. Photo / Mark Mitchell

Brown added the that Government would set targets for police to undertake 50,000 oral tests annually, once roadside drug testing is implemented.

The Land Transport (Drug Driving) Amendment Act came into effect in March last year.

“The previous Government passed legislation to introduce roadside drug testing, however two years later no progress has been made as the legislation was flawed and unworkable as the roadside tests needed to be suitable for evidentiary standards, rather than screening standards,” Brown said.

Labour’s police spokeswoman Ginny Andersen told RNZ that changes were proposed to the roadside drug testing regime last August that would see the existing technology available to do a roadside saliva test backed up with a laboratory test.

“That is best practice, to use saliva testing that’s verified in the laboratory so if someone has been held accountable for driving while impaired, there is medical evidence to demonstrate that was the case.”

Labour’s police spokeswoman Ginny Andersen.

She said the cost of rolling out roadside drug testing and the associated lab tests were possible reasons it was yet to be implemented.

In 2021, there were 93 people killed in crashes where a driver was found to have the presence of drugs - nearly a third of all fatalities that year.

Brown expected the legislation to be introduced to Parliament by the middle of the year and passed towards the end of 2024.

“For too long, drug drivers have put other road users at risk with very limited enforcement. Those days are over, and anyone driving while impaired by drugs can expect to be caught and face serious consequences under our drug testing regime,” Brown said.

Benjamin Plummer is an Auckland-based reporter who covers breaking news. He has worked for the Herald since 2022.