Roadside Oral Fluid Drug Testing: Health Harm,

OFFICIAL INFORMATION ACT REQUEST
Roadside Oral Fluid Drug Testing: Health Harm, Representation, Authority, and Entry onto Private Trust Property
To:
Official Information Act Requests
New Zealand Police
Date: 08 January 2026
Request under the Official Information Act 1982
This request seeks clarification of New Zealand Police policy, authority, governance, and duty of care in relation to:
• compulsory roadside oral fluid (saliva) drug testing;
• potential health harm arising from such testing;
• refusal to engage with attorneys (as distinct from lawyers); and
• Police entry onto clearly marked private trust property asserting non-consent.
This request is made in the public interest.

1. Representation: Attorneys vs Lawyers
1.1 Copies of any policies, directives, or internal guidance stating that Police will engage only with “lawyers” and not with attorneys acting under private mandate, trust authority, or power of appointment.
1.2 Clarification of whether Police recognise a distinction between a lawyer regulated under statute and an attorney acting under trust or private authority.
1.3 Copies of any legal advice or internal memoranda relied upon to justify refusing engagement with attorneys.

2. Meaning of “Doing Things Legally”
2.1 Explanation of what Police mean when stating enforcement is being done “legally” while declining engagement with attorneys.
2.2 Confirmation of whether Police policy treats statutory compliance alone as sufficient, or whether lawful process also requires consideration of representation, notice, property rights, health risk, and duty of care.

3. Identity and Composition of Oral Fluid Test Devices
3.1 Manufacturer, model, and specification sheets for each oral fluid testing device used.
3.2 Full list of chemical reagents, indicators, antibodies, preservatives, stabilisers, or substrates contained in the test devices.
3.3 Confirmation of whether devices contain DNA-binding agents or biological collection media.

4. Health Risk, Harm, and Biological Safety
4.1 Copies of health and safety assessments, toxicology reviews, biological safety evaluations, or risk analyses.
4.2 Confirmation of whether devices are classified as medical, biological, or chemical testing devices.
4.3 Hygiene, contamination, storage, and handling standards for roadside use.

5. Adverse Effects, Monitoring, and Causation
5.1 Whether Police record adverse health effects or complaints.
5.2 Number of adverse effect reports received.
5.3 Evidential basis relied upon to exclude the test as a cause of harm.

6. Safety, Welfare, and Property Protection
6.1 Procedures for assessing safety when a person is prohibited from driving for up to 12 hours.
6.2 Steps taken where a person is stranded or vulnerable.
6.3 Responsibility for vehicle safety and contents.

7. Entry onto Clearly Marked Private Trust Property
7.1 Police policy regarding entry onto property marked as private trust property.
7.2 Whether such signage constitutes notice of non-consent and potential trespass.
7.3 Authority relied upon to proceed despite notice.

8. Liability, Insurance, and Accountability
8.1 Insurance or indemnity coverage for harm or trespass.
8.2 Internal risk assessments addressing liability exposure.

9. Funding, Procurement, and Financial Beneficiaries
9.1 Funding sources, including Vote Police and/or National Land Transport Fund.
9.2 Procurement contracts identifying suppliers, values, and subcontractors.

Clarification Regarding Refusal or Absence of Records
If any part of this request is refused, partially refused, or answered on the basis that no relevant information is held, this will be understood to indicate that the relevant assessments, policies, safeguards, monitoring systems, or governance records do not exist or have not been created or retained. Such an outcome would be relevant to any subsequent consideration of lawfulness, procedural propriety, duty of care, health and safety obligations, property interference, liability, and public accountability.
Response requested electronically. If any information is withheld, please cite the exact statutory grounds relied upon.