OIA – Decision record concerning approval of PHF Science for evidential oral-fluid analysis

23 August 2026

Hon Chris Bishop

Minister of Transport

 

Official Correspondence Unit

Ministry of Transport / Ministry for Cities, Environment, Regions and Transport

By email: [email protected]

Cc: [email protected]

OFFICIAL INFORMATION ACT 1982

Decision record concerning approval of PHF Science for evidential oral-fluid analysis

Dear Minister and Official Correspondence Unit,

I seek a confined body of official information concerning the statutory decision by which the laboratory of New Zealand Institute for Public Health and Forensic Science Limited, trading as PHF Science, was approved to analyse oral-fluid samples for the purposes of the Land Transport Act 1998.

The purpose of this request is to identify the administrative and evidential foundation upon which that statutory approval was made. It does not seek opinions to be created or explanations beyond records already held.

This request concerns the Land Transport (Approved Laboratory and Analyst in Charge) Amendment Notice 2025, made on 9 November 2025 under s 2(1) of the Land Transport Act 1998, and commencing on 15 December 2025.

Information requested

1.  The complete decision record supporting the decision to approve PHF Science for oral-fluid analysis, including:

• briefing papers;

• recommendations;

• attachments;

• memoranda;

• scientific or technical assessments;

• accreditation material;

• emails or correspondence materially relied upon;

• draft decision documents;

• the final decision or approval record.

2.  Any document identifying the criteria or requirements applied when assessing whether PHF Science should be approved for oral-fluid analysis.

3.  Any record identifying other laboratories considered, alternative options considered, and the reasons PHF Science was recommended or selected.

4.  Any assessment of PHF Science’s accreditation, analytical capability, validation, quality assurance, proficiency testing, measurement uncertainty, or fitness to perform evidential oral-fluid analysis.

5.  Any record provided to the decision-maker concerning PHF/ESR’s previous or continuing involvement in developing the roadside oral-fluid drug-testing programme, providing scientific or technical advice concerning the regime, advising government, Ministers or Parliament about drug-driving or oral-fluid testing, or assisting with implementation of the programme.

6.  Any declaration, assessment, memorandum or other record concerning an actual, potential or perceived conflict of interest or institutional interest arising from PHF/ESR’s advisory, scientific, implementation, commercial or evidential roles.

7.  Any record concerning Dr Helen Poulsen’s role as an ESR/PHF scientist and as chair of the Independent Expert Panel on Drug Driving, insofar as that role was considered in connection with PHF Science’s later approval as the oral-fluid analysis laboratory.

8.  Any record concerning the decision-maker’s awareness or consideration of the commercial or financial implications for PHF Science of providing oral-fluid analysis services, including anticipated revenue, sample volumes or payments under Police or Crown contracts.

9.  Any record identifying what independent scientific or technical scrutiny, separate from PHF/ESR and New Zealand Police, was undertaken before the approval decision.

10.  Please identify the officials who prepared the recommendation, the person who authorised its submission, and the material actually placed before the Minister when the decision was made.

Form of response

I am seeking existing records rather than requiring the Ministry to create new information.

Where a document is withheld in whole or in part, please identify the document, its date and general subject matter, and the specific withholding ground relied upon.

If any part of this request is held by another agency, please transfer that part under s 14 of the Official Information Act 1982 and advise me of the transfer.

Electronic copies are preferred.

Yours faithfully,

Tracy LYNCH

not a lawyer

PHF Science oral-fluid laboratory approval – OIA request – v0.01