OIA transferred to the Police. Safeguards protecting individuals from unjust enforcement outcomes

1 The Terrace
PO Box 3724
Wellington 6140
New Zealand
tel. +64-4-472-2733
https://treasury.govt.nz
Reference: 20260260
16 April 2026
Ann Kifo
[email protected]
Dear Ann
Thank you for your Official Information Act 1982 (OIA) request, received on 2 April
2026. You requested the following:
2. PURPOSE OF REQUEST
This request seeks to understand:
• The evidential basis relied upon before programme implementation
• Safeguards protecting individuals from unjust enforcement outcomes
• Training and procedural requirements governing officers
• Data collection and data use practices
• Operational performance measures
• Financial and procurement considerations
This information is sought to understand how enforcement powers are exercised
consistently with statutory obligations and rights protections.
3. STATUTORY AUTHORITY AND LEGAL FRAMEWORK
Please provide:
3.1 All internal guidance explaining Police authority to conduct roadside oral fluid
drug testing.
3.2 Any legal advice, operational guidance, or briefing documents explaining how
testing powers interact with:
• New Zealand Bill of Rights Act 1990
• Land Transport Act 1998
• Search and Surveillance Act 2012
3.3 Any documents describing procedural safeguards intended to ensure
compliance with rights protections.
4. DEVICE VALIDATION AND RELIABILITY
Please provide:
4.1 All validation studies relied upon before approval of roadside oral fluid testing
devices.
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4.2 Any internal assessments relating to:
• False positive rates
• False negative rates
• Reliability thresholds
• Environmental contamination risks
• Operational limitations
4.3 Any risk assessments relating to potential enforcement consequences arising
from incorrect results.
4.4 Any documents describing how confirmatory testing safeguards are intended
to prevent unjust outcomes.
5. HEALTH AND SAFETY AND RISK MANAGEMENT
Please provide:
5.1 Health and safety assessments undertaken prior to programme rollout.
5.2 Any hazard identification relating to:
• Biological exposure
• Device handling risks
• Public interaction risks
• Use of force risks
5.3 Any incident reports relating to adverse outcomes associated with roadside
testing.
6. OPERATIONAL PROCEDURES AND TRAINING
Please provide documentation describing:
6.1 Training provided to officers regarding:
• Lawful use of testing powers
• Reasonable use of force
• Handling refusals
• De-escalation requirements
6.2 Procedures governing:
• Detention following negative results
• Handling disputed results
• Handling refusals
• Escalation to evidential testing
6.3 Any procedural safeguards intended to prevent unnecessary detention.
7. OPERATIONAL PERFORMANCE MEASURES
Please provide:
7.1 Any performance indicators relating to roadside drug testing.
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7.2 Any numerical activity targets relating to testing operations.
7.3 Any documents describing how programme success is measured.
7.4 Any evaluations of programme effectiveness.
8. DATA COLLECTION AND USE
Please provide:
8.1 A list of all data fields recorded during roadside testing events.
8.2 Any data dictionaries describing information captured.
8.3 Any policies describing:
• Data storage
• Data retention periods
• Data sharing arrangements
8.4 Identification of any agencies receiving this data.
8.5 Any privacy impact assessments conducted.
9. PROCUREMENT AND FINANCIAL INFORMATION
Please provide:
9.1 Procurement documents relating to testing devices.
9.2 Contract values associated with device acquisition.
9.3 Any cost-benefit analysis undertaken.
9.4 Total programme costs to date.
9.5 Any revenue arising from enforcement activity connected to roadside drug
testing.
10. ACCOUNTABILITY AND REVIEW
Please provide:
10.1 Any internal audits of the roadside testing programme.
10.2 Any independent reviews undertaken.
10.3 Complaint statistics relating to roadside testing.
10.4 Any corrective action reports.
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11. PROCEDURAL FAIRNESS SAFEGUARDS
Please confirm what safeguards Police consider exist to ensure:
• Enforcement actions are proportionate
• Testing powers are exercised reasonably
• Errors do not result in unjust outcomes
• Members of the public are protected from unnecessary harm
In our view, it would have been necessary under section 14 of the OIA to transfer your
request to the New Zealand Police because the information you requested is more
closely connected with its functions. However, we are aware that you have already
made your request to the New Zealand Police, and therefore we have not transferred it.
Under section 28(3) of the OIA, you have the right to ask the Ombudsman to review
any decisions made under this request. The Ombudsman may be contacted by email
at: [email protected] or by calling 0800 802 602.
Yours sincerely
Alastair Gilby
Acting Manager, Ministerial Advisory Service